FAQ Appeared in Real Estate Reporter – May 2006 – Procedure Registration

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May 2006 – Procedure Registration

1. Does a Deed of Rectification rectifying the mistakes in the names of the parties, the figures, the description etc. in the duly registered main document require registration?

If the main document/agreement is registered, then it is always necessary to register the Deed of Rectification too.

2. What is the recourse available to a person wishing to register a document which has been refused by the Register?

Where the refusal order is on the ground other than that of denial of execution, the appeal lies to the Register under Section 72 of the Act. On such a refusal to admit a document for registration, any person wishing to register the same should, within 30 days from the date of refusal, appeal to the Registrar to whom such Sub- Registrar to whom such Sub-Register is subordinate, in order to establish his right to have the document registered. In such an event, under Section 74 of the Act, the Registrar may enquire whether the document has been executed and whether the requirements of the law currently in force have been complied with on the part of the applicant or the person presenting the document for registration, as the case may be, so s to admit the document for registration. For the purpose of an enquiry, as per Section 74(40 of the Act, the Registrar is empowered to issue summons to enforce the attendance of witness and compel them to give evidence as if he were a Civil court. As per Section 75(1) of the Act, if the Registrar finds that the document has been executed and that the said requirement has been complied with, he can order for registration of the document.  As per Section 77 of the Act, when the Registrar refuses to order the document to be registered any person claiming under such a document or his representative, assignee or agent may within 30 days after making the order of refusal institute a suit in the proper Civil Court for a decree directing the document to be registered.

3. What is the procedure on admitting a document for registration?

If all the persons executing the document appear personally before the officer and/or personally known to him or if he is otherwise satisfied that they are the persons who represent themselves o be and if they all admit the execution of the document, the Registering Officer should register the document as required under Section 58 of the said Act.  He should endorse the following particulars viz;

  • The signature and admission of every person admitting the execution of the document in person or by his representative, assign or agent.
  • The signature and admission of every person examined in reference to such document.
  • Any payment of money or delivery of goods made in the presence o the Registering Officer in reference to the execution of the document and any admission or receipt of consideration made in his presence in reference to such execution.  If any person admitting the execution of a document refuses to endorsed the same, the Registering Officer nevertheless is empowered to register such a document but he should endorse a note of such refusal and as required under Section 59 of the Act as he should affix the date and his signature to all endorsements made under Section 52 and 58 of the Act which is relating to the same document. 

After completion of all formalities related to registration, the Registering Officer shall endorse on the document a certificate containing the word ‘Registered’ together with the number.

4. Where the registration of document is done?

As per Section 28 and 29 of the Registration Act, the document should be presented for registration at the office of the Sub-Registrar of Assurances within the jurisdiction of the concerned Sub-Registrar.

5. Under what circumstances the registration of document is refused?

The normal grounds for non registration of document/s are:

      a) Document is opposed o public policy

      b) Parties have not complied with the formalities as laid by the Registration Act and by any reasons by which registering authority is not satisfied.

      c) The Survey No. of the property is not mentioned in the document/s.        

     d) The language in which the document is executed is not in the language that is normally prevalent in the area where the office of the registering authority is situated.

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