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INDIAN BARE ACTS

THE KARNATAKA REGISTRATION RULES, 1965

THE
KARNATAKA
REGISTRATION RULES, 1965
CONTENTS
Rules
CHAPTER I
Preliminary
1. Title and commencement …………………………………
2. Definitions……………………………………………..……
(i). (a) Act………………………………………………………
(aa) Document Sheet………………………… ……
(b) Form…………………………………………………..…
(c) Indexes………………………………………………..…
(d) Inspector……………………………………………..….
(e) Register Books………………………………………..…
(f) Schedule…………………………………………………..
(g) Section………………………………………………..….
(ii) Words and expressions…………………………………….
CHAPTER II
Office Hours and Holidays
3. Office Hours ………………………………………………..…
4. …………………………………………………………….…….
5. Holidays………………………………………………..………
CHAPTER III
Registering Officers
6. Residential address of the Registering Officers………………
7. Joint Sub-Registrars………………………………………………
8. Registration by a Joint Sub-Registrar……………………………
CHAPTER IV
Seals
9. Custody and use of Seals…………………………….……….
10. ……………………………………………………………….….
CHAPTER V
Languages
11. Languages in use in Districts………………………………..
12. Filing of copies of documents………………………………. CHAPTER VI
Description of Property
13. Territorial Divisions………………………………………….
14. Description where not required……………………………
15. Description in cases of non-testamentary documents….…
CHAPTER VII
Books and Forms
16. Form of Register Books………………………………….…
17. Supplement to Register Book No. 1 and File of Copies and
Translation …………………………………………………….
18. Pages in Registers and File Books……………………………
19. Supply of Books………………………………………………..
19(A). Supply of document sheets……………………………….
20. Manner of certifying and verifying pages of
new Register books and the simultaneous use there of……
21. Procedure when Book is not in stock………………………
22. Opening of additional Register books for documents
Prepared on printed or lithographed or typed (first copy)
Forms and manner in which copies to be pasted…………..
22(A). Preparation of copy……………………………….………
22(B). Documents registered in duplicate, etc…………………
22(C). Procedure on admission of document to registration and
mode Of authenticating copy and filing it………………
23. Minute Book and its use………………………………………
24. (i) Daily Register…………………………………………………
(ii) Cash Book……………………………………………….……
25. Register of Powers-of Attorney………………………………..
26. Forms of Memoranda under Sections 64 to 67……………….
27. Numbering of volumes of Register books…………………….
28. Manner of Keeping of Register books and records
when not in use……………………………………………………
29. Preservation of books………………………………………….
CHAPTER VIII
Re-copying of Register books which are in
Danger of being destroyed or becoming wholly
Or partially illegible
30. Direction of Registrar regarding re-copying of
damaged Register books………………………………………
31. Preservation of sheets…………………………………….……
32. Numbering of new Register books and preservation of old
Register books……………………………………………………
33. Manner of re-copying from the original……………………… 34. Manner of assigning serial numbers to the
Entries copied in new Register books………………………….
35. Signing and dating of notes……………………………………
36. Repairing of damaged books by use of butter paper………….
36(A). Reconstruction of documents
destroyed………………………………………………………
CHAPTER IX
Presentation and Examination of Documents, etc.
37. Office where a document may be registered…………………
38. Document relating to immoveable property wholly
out of India………………………………………………….
39. Manner of Registration where the jurisdiction of a
territory is changed…………………………………………..
40. Presentation of a document for registration…………………..
41. Examination of a document by the Registering officer………
42. Manner of noting interlineations, etc…………………………
43. Manner of presentation of map, etc., with a document………
44. Manner of registration when document is presented
in duplicate……………………………………………………
45. Endorsement on the document………………………………..
46. Suspension of registration of documents …………………….
47. Payment of proper stamps duty……………………………….
48. payment of Court fees stamps ………………………………..
49. The date of execution to be noted in a document ……………
50. Date of execution of document how reckoned ………………
51. Registration on payment of fines ……………………………
52. Rate of fines for delays, etc ………………………………….
53. Calculation of rate of fine in case of documents in
Duplicate………………………………………………………..
54. Calculation of fine in certain cases …………………………
55. Application for condoning delay in presentation, etc….
CHAPTER X
Attendance at private Residences
56. Application for attendance at a privete residence ……
57. Attendance at private residence …………………………
58. Attendance at a private residence by the Registrar ……
59. Persons exempt from personal appearance …………….
60. Form and procedure of payment of commission……….
61. Manner of examination of witnesses ……………………
62. Manner of examination by the Registering Officer ……. CHAPTER XI
Power-of-Attorney
63. Examination of a power-of-Attorney …………………….
64. Procedure regarding special or General power-of-
Attorney……………
65. Attestation of endorsement on a power-of-Attorney …..
66. Form of endorsement ……………………………………….
67. Registration of a power-of-Attorney ……………………..
68. Manner of registration of a power-of-Attorney …………
69. Powers of registering authorities regarding power-of-
Attorney ……….
70. Abstracts of power-of-Attorney …………………………..
CHAPTER XII
Presentation of Documents and Examination of parties
71. Persons executing documents …………………………….
72. Place of Registration ……………………………………….
73. Duties of the Registering Officer …………………………
74. Proof to be adduced by a representative …………………
75. Procedure when the executant is a lunatic, etc …………
76. Procedure when the executant dies after presentation
of a document………………………………………………
77. Procedure where the executant is deaf, etc………………
78. Registering Officer should take thumb impression
of every person………………………………………………
79.Manner of taking the thumb impression …………………
80. Separate register of thumb impression in respect of
Private attendance…………………………………………
81. Identification of Executants ………………………………
CHAPTER XIII
Issue of processes
82. Enforcement of appearance of Executants
and witnesses ………………………………………………
CHAPTER XIV
Wills or authorities to adopt
83. Registration of a Will or authority to adopt ……………..
84. Return of Will or authority to adopt after the death
Of Testator –unregistered…………………………………..
85. Registration of revocation or cancellation of a Will
Or an Authority to adopt …………………………………
86. Unclaimed Wills ……………………………………………. CHAPTER XV
Sealed Covers Containing Wills
87. Manner of entries of sealed covers containing wills ……
88. Deposit of wills by persons ……………………………….
89. Registration of wills sent by post …………………………
90. Endorsements to be made when a sealed cover
Containing a Will is Court………………………………….
91. Forwardal of a Will to Court……………………………….
92. Manner of forwarding a Will to a Court…………………
93. Procedure when a sealed cove containing a
Will is opened………………………………………………
CHAPTER XVI
Endorsements and Certificates
94. Manner of endorsing and certifying by
Registering Officer…………………………………………
95. Language to be used by an executing party in
Signing………………………………………………………
96. Language to be used by Registering Officers for
Endorsing on Document…………………………………..
97. Using a separate slip for endorsement, etc, by the
Registering Officer…………………………………………..
98. Endorsement by the Registering Officer on each sheet
when the document is of more than one sheet…………
99. Form of endorsement of the Registering Officer
when the executant is a gosha lady………………………
100. Endorsement of the Registering Officer when the
executant is a Guardian……………………………………
101. Procedure when a person executes both for himself and
as an agent, etc……………………………………………
102. Presentation and admission of execution of a document
By a Power-of- Attorney…………………………………
103. Payment of consideration mentioned
in the document…………………………………………..
104. Certificate under Section 60………………………………
105. Endorsement when a document is presented in
duplicate…………………………………………………….
106. Endorsement on a document partially registered………
107. Endorsement on a document execution of
which is denied………………………………………..…
108. Endorsement on a document registered
under Section 74…………………………………………..
109. Endorsement on a document presented by an order
Of Registrar or Court……………………………………. CHAPTER XVII
Receipts for Documents and for the Fees and
Return of Documents
110. Receipts for documents and for fees and return of
document……………………………………………………
111. Persons to whom receipt shall be handed………………
112. Procedure for obtaining a registered documents ………..
113. Procedure on loss of receipt………………………………
114. Revocation of nomination………………………………..
115. Objection to the return of a document, when
to prevail……………………………………………………………..
116. Registration of an impounded document after
duty Adjudication of stamp ……………………………..
117. Granting of a receipt after attending at a
private residence………………………………………….
118. Return of documents after registration [Omitted}…….
CHAPTER XVIII
Register Books
119. Maintenance of registers…………………………………..
120. Procedure of making entry of a registered document…
121. Procedure of registration of a document
presented in duplicate…………………………………….
122. Comparing and attestation of entries in
Register Books endorsements of copying,
reading and comparing, how to be made, manner of
noting and attesting interlineations, etc,………………..
123. Cancellation, etc, of a registered document…………….
124. Attestation of a note in case of forged documents…….
CHAPTER XIX
Indexes
125. Manner of preparing indexes……………………………
126. Transliteration of Indian names in preparing
Indexes…………………………………………………….
127. Indexes relating to towns, etc……………………………
128. Description of property in indexes………………………
129. Indexes of properties situated in different
towns, etc…………………………………………………
130. Indexes of properties situated in different
districts, etc…………………………………………………
131. Indexes of properties situated in different suburbs…… 132. Index relating to the appearance of executants…………
133. Indexes showing transactions affecting each survey
number, etc……………………………………………….
134. Indexes of names of executants…….……………………
CHAPTER XX
Inspection, Searches and Grant of Certified Copies
135. All applications to be in writing and to be numbered and
filed ……………………………………………………………
136. Inspection of documents ………………………………..
137. Application for searches ………………………………..
138. form of application for copies, inspection ……………
139. Register of fees paid,etc …………………………………
140. Endorsement of the Registering officer on
copies of deeds ……………………………………………
141. forwardal of copies by post …………………………….
142. Grant of a copy of registered documents ………………
143. Levy of fees for grant of certified copies ………………
144. Grant of copies of deeds in Book No.4 …………………
145. Protests against registration of documents ……………
146. Application for making a search ……………………….
147. Affixation of Court fee stamps on application
for inspection, etc…………………………………………..
Certificate of encumbrance
148. Certificate of encumbrance ……………………………
149. Particulars to be shown in the certificate of encumbrance
…………………………………………………………………..
150. Language of the certificates of encumbrance …………
151. Contents of the certificate of encumbrance ……………
152. Certificate of encumbrance in case of records of more than one
office…………………………………………………
153. Preparation of the certificate of encumbrance ………..
154. Filing of certificate of encumbrance ……………………
155. Production of Register books in Court ………………..
156. Collection of safe custody fees from a Court …………
157. Person through whom records may be sent
To Court…………………………………………………..
CHAPTER XXI
Record of Substance of Statements
158. Recording of evidence……………………………………
159. Administering Oath of Affirmation ……………………
160. Cases where record of substance of statement
may be made……………………………………………. CHAPTER XXII
Transmission of Memoranda and Copies
161. Forms for taking Memoranda………………………….
162. Memoranda in which office to be made………………
163. Memoranda, etc., should be pasied……………………
164. Memoranda when a document is registered
In duplicate, etc…………………………………………
165. Corrections in Memoranda………………………………
166. Copy of Memo or a Decree of a Court…………………
CHAPTER XXIII
Errors in Registration
167. Procedure when a document is registered in a
Wrong Book, etc………………………………………….
168. Correction when Memorandum, etc., are in a
Wrong Book……………………………………………….
169. Correction when a document is registered
in a wrong office…………………………………………
170. Collection when insufficient stamp duty has
been paid …………………………………………………
CHAPTER XXIV
Refusal to Register
171. Reasons for refusal to register………………………….
172. Refusal or registration when executants appear
At different times…………………………………………
173. Partial refusal……………………………………………..
174. Registration of documents executed by
Registering officers………………………………………
CHAPTER XXV
Appeals and Enquiries
175. Appeal against refusal……………………………………
176. Appeal by whom to be preferred……………………….
177. Persons who can appear in an enquiry connected
With a will or an Authority to adopt ………………….
178. Applications presented without Verification………….
179. Procedure of disposing Appeal…………………………
180. Endorsement on passing an order………………………
181. Appeal against refusal to register a will……………….
182. Procedure when refusal is base on
non-appearance of executants…………………………
183. Communication of orders passed………………………
184. Registration ordered by the Registrar or a Court…….. 185. Maintenance of file of appeal, orders and
Judgments………………………………………………..
186. Order refusing to direct registration……………………
187. Order refusing to register for non-appearance
Of executant………………………………………………
188. Order directing registration after enquiry……………..
189. Registrar has no powers to call for the
Description of properties…………………………………
190. No appeal lies when a document is returned
At presentant`s request………………………………….
191. Limitation on appeals to the Registrar against
the orders of the sub-Registrar………………………….
CHAPTER XXVI
Fees and Fines
192. Determination of Fees……………………………………
193. Withdrawal when allowed………………………………
194. Refund of amounts……………………………………….
195. Application for remission or refund of fees, etc……….
196. Fees and fines to be brought to account………………..
197. Remittance of collection to treasuries…………………..
CHAPTER XXVII
Prosecutions
198. Procedure for instituting prosecutions…………………
199. Lodging of criminal complaints…………………………
200. Registering officer not competent to compel
A party to sign……………………………………………
201. Procedure when complaint is made regarding
false personation…………………………………………
CHAPTER XXVIII
Documents Executed by Government Officers and
Other Public Functionaries
202. Persons exempted from personal appearance…………
203. Documents sent with a covering letter…………………
204. Endorsement where a document is sent with
a covering letter…………………………………………
CHAPTER XXIX
Preservation of Records
205. Preservation of Permanent Records……………………..
205-A. Collective responsibility of the staff of
Sub-Registrar…………………………………………….
206. Preservation or destruction of records as
Per rules…………………………………………………..
207. Registers of permanent and temporary records………
208. Account of records in registers…………………………. CHAPTER XXX
Custody of Books and Documents
209. Custody of Books and Documents……………………..
CHAPTER XXXI
Returns and Accounts
210. Dates of closing accounts………………………………..
211. Submission of monthly and Annual returns……………
212. ……………………………………………………………..
CHPTER XXXII
Withdrawal of Sealed Covers
213. Withdrawal of sealed covers……………………………
CHAPTER XXXIII
Inspection of Registration Offices
214. Inspection by Registrar………………………………….
215. Memorandum of inspection…………………………….
216. Inspection by the inspector-General of Registration….
217. Inspection by Inspectors…………………………………
218. Inspection of Register books in Sub-Registrars
Offices and reports regarding damaged books
By the inspectors…………………………………………
219. Submission of diary of work by Inspectors……………
CHAPTER XXXIV
Destruction of Documents
220. Destruction of unclaimed documents………………….
221. Documents which are kept separate……………………
222. The form of notice in case of unclaimed
Documents to be destroyed and the procedure
Thereafter –Note of destruction to be recorded………
223. Safe custody of belated Wills……………………………
224. Protection From suit, claim or demand………………..
1THE
KARNATAKA
REGISTRATION RULES, 1965
(As amended by Karnataka Registration (A) Rules, 1971, GSR 33,
dated 16-7-1985, Notification Nos. RD 41 ESR 83, dated 6-11-1986, RGN
2/2000-03, dated 1-4-2002, RGN 2/2002-03, dated 19-6-2002 and RGN
287/02-03, dated 29-3-2003.)
G.S.R. 811.—The following rules made by the inspector General of
Registration for the State of Karnataka in exercise of the powers conferred
by Section 69 of the Indian Registration Act, 1908 (Central Act XVI of
1908), in its application to the State of Karnataka and of all other powers
enabling him in this behalf and in supersession of:-(1) the Hyderabad Registration Rules, 1956 as in force in the
Revenue Districts of Bidar, Raichur and Gulbarga;
(2) the rules framed under Section 69 of the Indian Registration
Act (III of 1877) as in force in Coorg District;
(3) the rules framed under the Indian Registration Act, 1908 and in
force in the revenue Districts of South Kanara and Bellary and
Kollegal Taluk;
(4) the Bombay Registration Rules, 1946 as in force in the revenue
Districts of Belgaum, Bijapur, Dharwar and North Kanara; and
(5) the Registration Rules for Mysore framed under the Mysore
Registration Regulation (No. 1 of 1903) as in force in the
Revenue Districts of Bangalore Rural, Bangalore Urban, Kolar,
Chitradurga, Tumkur, Mysore, Mandya, Hassan, Shimoga and
Chickmagalur,
Having been approved by the Government of Karnataka, are hereby
published for general in formation namely.——–
CHAPTER I
Preliminary
Title and commencement.—(i) These rules may be called the Karnataka
Registration Rules, 1965.
(ii) They shall come into force on the first day of April, 1966.
Definitions.—(i) In these rules, unless the context otherwise requires.—-
1. Published in the Karnataka Gazete, dated 27-1-1966, vide Notification
No.Rd-112 GRG 62, dated: 16-12-1965
“Act” means the Indian Registration Act, 1908 (Central Act XVI
of 1908);
1[(aa) “Document Sheet” the sheets supplied by the department for
preparing any kind of instrument which bears the emblem of the state and
the name of the Department and such other particular as may be
necessary;] (b) “Form” means a form in Schedules A, B and C;
(c) “Indexes” means the indexes mentioned in Section 55;
(d) “Inspector” means Inspector of Registration Offices appointed
Under section 8;
(e) “Register Books” means books kept under Section 51 including
Additional Register Books opened under Rule 22 and
Supplements opened under Rule 17;
(f) “ Schedule” means a Schedule appended to these rules;
(g) “Section” means a section of the Act.
(ii) Words and expressions used in these rules but not defined shall have
The same meaning assigned to them in the Act.
CHAPTER II
Office Hours and Holidays
3. Office Hours.–The office hours of all Registrars and Sub-Registrars shall
be the hours fixed by the Government for Revenue offices, as hours of
working.
4(i) A Registering officer may decline to receive a document for
registration if presented 2[one] hour before the close of the office, when he
has sufficient work to attend to after that hour, in connection with
document, previously admitted to registration.
(ii) Notwithstanding anything contained in sub-rule (1), in cases of grave
emergency, a Registering officer may accept any document for registration
at his office or at the residence of 3[any] person desiring to present a
document for registration or to deposit a Will at any hour on any day. In
all such cases, Sub-Registrar shall at once report to the Registrar to whom
he is subordinate the fact of his having accepted a document for
registration and the reasons for his doing so.
Explanation.—For the purpose of this sub-rule “day” means a day
beginning one hour before sunrise and ending one hour after sunset.
5. Holidays.—The holidays to be observed in registration offices shall
be the holidays notified by the Government, as public holidays.
CHAPTER III
Registering officers
6. Residential address of the Registering officers.—A notice
stating where the Registering officer resides shall be affixed outside each
registration office. 7. Joint Sub-Registrars.— When two or more offices are
established
Sub-district as joint offices, each of the officers appointed to the charge
1. Inserted by Notification No.RGN 287/02-03, dated:29-03-2003 w.e.f. 29-03-2003.
2. Substituted for the word ‘’two’’ by Karnataka registration (Amendment) Rules, 1971.
3. Substituted for the word ‘’some’’ by Karnataka Registration (Amendment) Rules, 1971.
thereof shall be designated as Joint sub-Registrar and shall have
concurrent jurisdiction over the whole sub-district.
8. Registration by a joint sub-registrar.—(i) When a Joint sub-Registrar
is appointed, either as a temporary or permanent measure, to assist a subRegistrar, he will have no separate office or establishment but will work
with the other permanent Sub-Registrar the documents registered by both
Sub-Registrars being entered in the same returns and registers and indexed
in the same sheets.
(ii). In case referred to in sub-rule (1) one of the Sub-Registrars may
complete the registration or authenticate the entry of a document admitted
to registration by the other Sub-Registrar, when circumstances arise which
prevent the latter officer from performing those duties.
(iii) The senior of the two Sub-Registrars shall sign and be designated
as Sub-Registrar and the others as joint Sub-Registrars.
(iv) Each official will be held responsible for the work done by him;
though the Sub-Registrar will be generally responsible as the head of the
office.
CHAPTER IV
Seals
9. Custody and use of Seals.—(i) The Seal of a Registering Officer
shall always remain in his personal custody and shall be under lock and
key when not in use.
(ii) It shall be sued in authenticating.—
(a) The certificates endorsed on a registered instrument under
Section 60;
(b) power of attorney authenticated or attested under
Section 33;
(c) summons and commissions issued under Sections 33 and 38;
(d) certified copies under Section 57; (e) memoranda and copies forwarded under Sections 64 to 67 and
under Rules 30, 168 and 169(IV);
(f) copies of orders of refusals to register granted under Section
71 and 76;
(g) copies other than those referred to above granted to parties;
(h) certificates and lists granted to applicants under Rule 148;
(i) copies of judgments of Registrars in appeal cases;
(j) reproduced entries of old registers.
Note.—- Every deed or copy drawn on two or more sheets of paper shall
have an impression of the seal of the Registering Officer across each joint.
10. Should a Registering officer find himself temporarily unprovided
with the prescribed seal, registration shall nevertheless proceed as usual
and such documents as have been transcribed shall remain in his custody
until the seal can be affixed to the registration certificate.
CHAPTER V
Languages
11. Languages in use in Districts.— The following languages shall
be deemed to be commonly used in the districts and sub-districts specified
below, namely.—
I—Kannada and English
All districts and sub-districts in the State.
II—Telugu
Bellary District.
III-Marathi
Districts of Belgaum, Bijapur, Dharwar and Norht-Kanara.
Sub-Districts of Aland, Bidar and Gulbarga.
IV—-Urdu
Districts of Bidar, Gulbarga and Raichur.
12. Foiling of copies of documents.— (i) The Stamp vendor’s
endorsement on a document shall be considered to be a part of the
document, and if it is in a language not understood by the Registering
Officer, the party concerned shall be required to file a true copy and a true
translation (signed by him).
(ii) (a) When a power-of-attorney is presented for authentication
or attestation or when an authenticated or attested power-
of –attorney is produced by an agent with, or in connection with, a document presented for registration
and the power-of-attorney is written in a language not
commonly used in the district, the Registering officer
may, if he does not understand the language, demand of
the presentant a true translation of the power-of-
attorney in English or a language commonly used in the
district.
(b) The translation shall be certified to be a true translation
and shall be signed by the presentant.
© No fee is leviable for filing a translation, if the power-
of-attorney is or has been authenticated or attested by the
Registering Officer.
(d) The translation shall be stitched along with the power-of-attorney,
when the power-of-attorney is presented for authentication or attestation,
and the seal put on the joints and the translation shall be filed along with
the power-of-attorney when the power-of-attorney is presented with or in
connection with a document presented for registration.
CHAPTER VI
Description of Property
13. Territorial Divisions.—— The territorial divisions recognized for
the purpose of Section 21 shall be.—-
(a) the registration district,
(b) the registration sub-district,
© the taluk, town, or city,
(d) any well-known division, such as a Hobli, in the case of a town or
a city a municipal ward or a division,
(e) the village, hamlet or suburb in which the property referred to in
a registerable document is situated.
14. Description where not required.— If property is described in a
document by a special reference to an instrument which has been already
registered or of which a true copy has been filed under Section 65 or 66 in
the office in which the document is presented for registration and if that
instrument contains the particulars required by Rule 13 and such a
description of the property as is required by the rules in force, the
description need not be repeated in the document.
15. Description in cases of non-testamentary documents.— (i)
Whenever any non-testamentary document presented for registration
relates to land situate in any local area in respect of which a rule has been
made under Section 22(1) requiring description by reference to a
Government map or survey, the Registering Officer shall satisfy himself
that if the land comprises one or more entire survey field or sub-divisions the document specifies the number of each field or sub-division and that if
the land has no separate number assigned to it, the document specifies the
number assigned to the field or sub – division in which the land is situated
and further includes a description of the land sufficient for its
identification.
(ii) Lands in those taluks in which mapping is completed should be
described in non-testamentary documents presented for registration by
reference to the serial numbers (Pot Hissa Numbers as well as survey
numbers) in the maps prepared under the Karnataka Land Revenue Act,
1964 (Act No. 12 of 1964).
(iii) In areas where a city survey is complete, the parties should be
directed to have the 1 [city] survey number invariably entered.
CHAPTER VII
Books and Forms
16. Form of Register Books.—(i) The Register Books to be kept under
Section 51,shall be in machine ruled Forms 1to5 specified in Schedule A.
(ii) Where necessary more than one volume of the same class may, with
The previous sanction of the Registrar be used simultaneously for the
registration of documents.
1, Substituted for the word “cadastral” by Karnataka Registration (A) Rules, 1971.
17. Supplement to Register Book No.1and File of Copies and
Translation.—-(i) Supplements to Register Book No. 1shall be kept as
follows.—
part I — (for the purposes of Sections 64,65,66 and 67);
Part II — (for copies of maps or plans mentioned in Section 21);
Part III — (a) for copies pf certificates of sale of immovable property
granted by Civil Courts and Revenue officers;
(b) for statement regarding land acquired under the Land
Acquisition Act, 1894, received from the Deputy
Commissioner;
1[part IV— copies of the instruments and collateral securities executed
Under the Karnataka Land Improvement Loans Act, 1963
(Karnataka Act 16of 1963) and the Karnataka Agriculturists Loans Act,
1963 (Karnataka Act 17 of 1963), received from Revenue officers.
Part V— Copies of instruments received from the Land Development
Banks under Section 85-A of the Karnataka Co-operative Societies Act,
1959.] (ii) A separate file shall also be opened for filing copies translations
presented under Sections 19 and 62 of the Act or under Rule 12(1). The
copies and translation placed in this file shall be connected by a cross
reference with the entry in the register.
(iii) A separate file shall also be maintained for communications
received from officers of other departments intimating the cancellation ,
Modification or rectification of transactions evidenced by papers
previously filed or registered.
18. Pages in Registers and File Books.— The registers and file books
shall contain such number of pages as the Inspector General may from
time to time prescribe.
19. Supply of Books.— Books for registers and indexes will be supplied
for the use of the Registrars and Sub-Registrars from the office of the
District Registrar by whom the number of pages contained in each book
will be certified on the fly leaf. Every Registrar and Sub-Registrars shall at
all times have a reserve supply consisting of atleast one additional copy of
each book except Register book Nos.2 and 5,and will submit timely indent
for further supplies.
2[19-A. Supply of document sheets.— The document may be prepared
on the document sheet available for sale in the registration office or in such
place as directed by the Inspector General of Registration or on Bond paper
or white paper paper of thickness ranging from 80-120 GSM and shall the
first typed copy or printed using black ink on A4 size paper. The format
will be as prescribed by the Inspector General of Registration from time to
time. All of signatures of the parties to the document shall be in black ink.
So also the endorsement made under the Act.]
20. Manner of certifying and verifying pages of new Register books
and the simultaneous use thereof.— (i) Every officer shall certify under
his signature on the title page of every Register book perused by him, the
number of pages actually contained in such book as required by
sub-section (2) of Section 16 and shall also note the date of issue
thereon.
1. Parts IV and V substituted by Karnataka Registration (Amendment) Rules, 1971.
2. Rule 19-A Inserted by Notification No. RGN/287/02-03, dated: 29-03-2003, w.e.t, 29-03-
2003.
(ii) Every Registering officer on receiving a new Register book, shall
count its pages and satisfy himself that their number tallies with that given
in the certificate on the title page. If it so tallies the Registering officer
shall certify to that effect on the title page and note thereon the date of the
certificate. If the number does not so tally, he shall return the Register book
to the issuing officer for rectifying the error. The Registering officer shall note on every Register book received by him the date of its receipt by him
under his signature, and shall take out the books for use in order of their
receipt:
Provided that when the amount of copying is great two or more
volumes of Register books numbers 1,3 and 4 may be used simultaneously.
In such case, the use of the Register books shall be regulated according to
the instructions issued by the Inspector General in this behalf.
21. Procedure when Book is not in stock.—- Should a Registering
officer who requires a fresh Register book has no blank register in stock,
instruments tendered for registration shall, nevertheless, be received as
usual, the necessary enquiries shall be held and the prescribed
endorsements on the documents shall be entered. As, however, the
certificate of registration cannot be added until the instruments has been
copied into the Register book the instruments in all such cases shall remain
in the custody of the Registering officer until they have been copied into a
Register book and the process of registration has been completed.
22. Opening of additional Register books for documents prepared on
printed or lithographed or typed (first copy) forms and manner in which
copies to be pasted.— (i) Special volumes of Register books Numbers 1,3
and 4 (hereinafter referred to as the “additional Register books”) may be
opened in any registration office where documents prepared on printed or
typed (first copy) or lithographed forms are presented for registration by
the parties.1[x x x x ]
(ii) The copy of each document with endorsement thereon in the
original required for entry in an additional Register book shall be made by
filling in blanks in the spare copy of such document supplied by the parties
or by the Department and by copying the endorsements on the spare copy
or on a separate sheet of paper, when necessary. Each sheet of such copy
shall then be pasted on a separate numbered butt in the appropriate
additional Register book and the Registering officer shall write his
signature and the date, and shall affix the seal of the office, so that both
signature and seal may be partly on each butt, so used and partly on the
sheet pasted thereon.
(iii) All documents entered in additional Register books shall be
numbered in the same series as documents copied in the ordinary volumes
of the Register books. Whenever any document is transferred from
Register books Numbers 1,3 or 4 to the additional Register book Number
1,3 or 4 respectively, a brief note indicating the number of the document
and the page of the additional Register book at which such document has
been pasted shall be inserted in the Register book Number 1,3 or 4, as the case may be, at the place where the document in question would have been
copied but for the transfer.
1. Omitted by Notification No. RGN 2/2002-03. dated:01-04-2002, w.e.f. 4-4-2002.
1[(iv) The copy of the document shall be prepared on the “Document
copying sheets” available for sale in the Registration Office or in such place
as directed by the Inspector General of Registration or on Bond paper pr
White paper of thickness 80 GSM and shall be first typed copy or printed
or lithographed on A4 (210×297 mm) size paper. It shall have 1.5 “margin
on left side, 1.0” on top and bottom and 0.5 “ on the right side.
(v) The document copying sheet shall bear printed words “Government
of Karnataka, Registration and Stamp Department” with the State Emblem
in the meddle at the top outside the border line
.
2[22-A. Preparation of copy. —- (i) The copy shall be typed, printed or
lithographed or computed printed on document copying sheet in clear and
legible lines. The typing, printing, lithographing or computer printing shall
be in long lasting black ink.
(ii) Each page of the copy of the document shall be an exact
reproduction of the page of the original document; however it need not be
a facsimile copy. Everything appearing in each page of the original
document including the signatures of the parties, attesting witnesses, etc.,
shall be faithfully copied in the copy.
(iii) Both sides of each sheet may be used for preparing the copy. Mo
part of the copy shall be typed, printed or lithographed or computer
printed outside the border area specified.
(iv) If it is necessary to correct a word or figure, the incorrect word or
figure shall be scored out instead of overwriting and the correct one
written afresh. No altered word or figure shall be allowed to remain in the
copy without being scored out. No word or letter shall be overwritten or
typed by using white fluid.
(v) The Stamp Vendor’s endorsement on each of the stamp papers shall
not be copied by the person preparing the copy. The same shall be copied
by the staff of the Registration department.
(vi) The copy shall be signed by the executant and presentant of the
document for registration, at the end of each page. 22-B. Documents registered in duplicate, etc.— (i) When a document
is presented for registration in duplicate or in more than two copies, it shall
not be necessary to present more than one filing copy.
(ii) If the copy appears to the registering officer to be defective in respect
of any such requirement, it shall be returned to the presentant with advice
to resubmit the same after rectifying the detects or with a fresh copy free
from such defect.
1. Sub-rules (iv) and (v) inserted by Notification No. RGN 2/2002-03. dated: 1-4-2002.
w.e.f, 4-4-2005.
2. Rules 22-A, 22-B and 22-C inserted by Notification No. RGN 2/2002-03, dated
1-4-2002, w.e.f. 4-4-2002.
22-C. Procedure on admission of document to registration and mode
of authenticating copy and filing it.—(i) The copy presented with the
document shall be compared by the staff of the registration office with the
original document carefully. Such entries and corrections shall be made in
the copy as may be necessary to make it an exact copy of the original.
(ii) Immediately after copying the document (including the copy of the
signatures of the parties and attesting witnesses and of the document
writer) the Stamp Vendor’s endorsements shall be copied by a member of
the staff of the registration office. The value of the stamps (stamp papers)
borne by the document shall then be entered in the copy in the language
of the document. When no stamp is used for the document, the entry to be
made shall be ‘Stamp NIL’. Any certificate on the document relating to
stamp duty shall then be copied.
(iii) The heading “copy of endorsements and certificate” shall be copied
on the line next below the line containing the stamp entry and below such
heading shall be copied the endorsements made on the document.
(iv) After the copy has been compared and made an exact copy of the
original including the endorsements and compared, the volume of the
register book in which it is to be filed shall be determined and the page
numbers to be assigned in the volume shall be affixed on the pages of the
copy by a numbering machine.
(v) The registration certificate required by Section 60 shall then be
entered on the document showing therein the number on volume of the
register book and the pages in which the copy of the document is filed. The
registration certificate required to be copied under sub-section (1) of
Section 61 shall then be copied in the copy immediately after the copy of
the endorsements. (vi) After the registration certificate is copied the procedure prescribed
in Rule 122 of these Rules shall be followed.
(vii) The completed register book volumes shall be got bound at the
registration office, concerned in the presence of the registering officer, in
such manner and at such intervals as may be prescribed by the Inspector
General of Registration. It is the collective responsibility of the staff of the
office to preserve these records till it is bound into volume].
23. Minute Book and its use.—- Every Registering Officer shall keep a
Minute Book in Form 6 and shall enter thereon in his own hand; a shorth
note of every case of suspension or deviation form ordinary procedure of
acceptance for, and admission to registration and shall also record therein
notes of such other proceeding of case as may from time to time be
prescribed by the inspector General. Every such note shall be signed and
dated by the Registering Officer:
Provided that a Registrar may delegate to a Sub-Registrar holding
his office at his headquarters the duty of writing such note, but shall sign
the same himself, such note shall be necessary.
(a) When a Registrar or Sub-Registrar impounds a document
for insufficiency of stamp duty;
(b) when a Sub-Registrar postpones registration pending receipt
of sanction to the levy of fine;
(c)when a Sub-Registrar refuses registration;
(d) when a document is received out of office hours or at
another place;
(e) when a summons is issued for enforcing the attendance
of the executant nor other witnesses;
(f) When a document is withdrawn.
24. (i) Daily Register.—- Every Registering Officer shall maintain a
register called “Daily Register” in Form 7. This Register shall be in the
personal custody of the Registering Officer and the entries in it shall be
personally made by him. At the end of the day’s entries, the total fees
realized shall be written in words also and he shall affix his signature.
(ii) Cash Book.—- In every registration office, there shall be kept a
columnwise cash book in form as prescribed in Article 334 of the
Karnataka Financial Code, 1958, vide Form 8 of Schedule A. The total of
all fees received shall be brought to account in the cash book every day and the Registering Officer shall sign the same in token of the correctness of the
day’s total.
(iii) The following registers should also be maintained in each Registration
Office.—-
(a)A Register of impounded documents (in Form 9 of Schedule A).
(b)A Register of unclaimed documents (in Form 10 of schedule A).
(c) A Register of deficient fee and stamp duty (in Form 11 of Schedule A).
25. Register of Powers-of-Attorney.—- Every Registering Officer
shall keep a register of the power-of-attorney authenticated or attested by
him under Section 33 in Form 12 of Schedule A. The entries in this register
shall be made for each financial year.
26. Forms of Memoranda under Sections 64 to 67.— The
memoranda of document in required to be made under Sections 64, 65, 66
and 67 shall be in Form 25.
27. Numbering of volumes of Register books.— The volume of
each Register book shall be numbered in a consecutive series which shall
not terminate with the year but be carried on perpetually; and it shall not
be necessary to commence a fresh volume of a Register book at the
beginning of a year.
28. Manner of keeping of Register books and records when not in
use.— The Office of every Registrar and Sub-Registrar shall be provided
with shelves, presses of almirahs, sufficiently sufficiently large to contain
the Register books and other record. Therein shall be kept, when not
required during office hours all the Register books and other records, and
all papers and documents in the custody of a Registering Officer other than
the documents kept by a Registrar in the-proof box supplied to him by
Government under sub-section (3) of Section 16.
29. Preservation of books.— All the books shall be preserved in the
Office of the District Registrars and Sub-Registrars concerned, in the
manner approved by the Inspector General of Registration.
CHAPTER VIII
Re-copying of Register books which are in danger of being destroyed of
becoming wholly or partially illegible. 30. Direction of Registrar regarding re-copying of damaged
Register books.—- A Registrar may, on the report of an Inspector made to
him under Rule 218 or after personal Inspection, by a written order direct
under sub-section (5) of Section 51 that any particular Register book or
portion thereof which is in danger of being destroyed or becoming wholly
or partially illegible shall be re-copied by hand:
Provided that where only a portion of an entry is in danger of
being destroyed or becoming illegible, the Registering Officer shall direct
that the whole entry including the true copy certificate shall be re-copied.
31. Preservation of sheets.—- The sheets containing the reproduced
entries shall be preserved in a cover under the seal and signature of the
Registering Officer, with a slip pasted over the cover to show its contents.
A note about their preservation shall be made in the Register of Records.
32. Numbering of new Register books and 1[preservation] of old
Register books.— When an entire book is re-copied the new book shall
bear the same number as the old one. After the entries in the new books
have been compared with the entries in the old book and the new book
certified by the Registering Officer, the old book shall be preserved and a
note about its preservation shall be made in the Register of Records.
33. Manner of re-copying from the original.—- (i) The original shall
be faithfully reproduced as its is found in the register and any missing or
undecipherable letters, words or figures shall not be filled up by guessing
from the context. A not shall be made as regards portions not legible or
visible.
(ii) The entries as copied shall be compared and authenticated as a
true copy by the Registering Officer with date and seal in the manner laid
down in Rule 122.
(iii) Uninitialled interlineations, etc., in the original shall be noted
above the signature of the clerk who copies and compares, and these notes
shall be attested by the Registering Officer.
(iv) The interlineations, etc., in the copies of entries shall be noted by
the copying clerk and shall be initialed by the Registering Officer.
(v) A note of the Registrar’s order directing the re-copying of the
entry shall be made below the true copy certificate so re-copied.
34. Manner of assigning serial number to the entries copied in
new Register books.— (i) Register showing particulars of Register books partially re-copied, and its preservation. Notes below entries in old
Register is to be re-copied, the new bok in which it is recopied shall bear a
fresh serial number such as 1-A, 2-A, 3-A, 4-A, or 5-A, as the case may be.
(ii) A register in the following form shall be maintained in which full
particulars of the books partially re-copied shall be entered, namely,—-
(a) Serial number.
(b) Register numbers of the entries recopied.
(c) Number of the pages of the old book the entries of which have
been recopied.
(d) Number of the old book.
(e) Number of the new book.
(f) Number of the pages of the new book on which entries have
been recopied.
(g) Authority under which the entries have been recopied.
Such register shall be preserved permanently.
(iii) A note shall be made in the old book below each original entry
which has been recopied showing the number of the new book and the
number of the page of such book in which the entry has been re-copied.
35. Signing and dating of notes.—- All notes made under the rules
contained in this part shall be signed and dated by the Registering Officer.
36. Repairing of damaged books by use of butter paper. —-If, in the
opinion of a Registrar, any Register book which is wholly or partially
damaged but the writing on which is clear and legible and which is less
than 60 but more than 40 years old can be repaired by using butter paper,
he may by an order in writing direct that such book or such portion thereof
as he thinks fit shall be so repaired instead of being re-copied as provided
in Rules 30 to 33.
1[36-A, Reconstruction of documents destroyed.— Where due to fire
tempest, flood, excessive rainfall, violence of any army or mobor other
irresistible force any, or all of the books specified in sub-section (1) of
Section 51 are destroyed, and the District Registrar is of the opinion that it
is necessary or expedient so to do he may, by order, direct such books as
the thinks fit to be reconstructed in such a manner as may be prescribed by
the Inspector General of Registration and Commissioner of stamps from
time to time.]
CHAPTER IX
Presentation and Examination of Documents, etc. 37. Office where a document may be registered.— A documents
relating to immovable property which is situate partly within and partly
without the areas to which the Indian Registration Act applies may be
registered in the office of any Registering Officer within whose jurisdiction
any portion of the property is situated but in such a case, the certificate of
registration shall show that the registration has been effected only as
regards that portion of the property which lies within the areas where the
Registration Act is applicable.
38. Documents relating to immoveable property wholly out of
India.—- A document relating to immoveable property situated wholly out
of India or outside the tracts to which the Indian Registration Act applies
may be registered by a Registering Officer in Book 4; but the presentant
shall be warned by a not below the registration certificate that its
registration does not affect the right in the property itself.
39. Manner of Registration where the jurisdiction of a territory is
changed.— A Registering Officer having jurisdiction to accept a document
for registration at the time of its presentation to him shall complete its
registration notwithstanding the fact that the village in which the property
affected is situated has been transferred from his jurisdiction subsequent to
the presentation of the document but before completion of its registration.
But when the document affects immovable property a memorandum shall
be sent, without levy of any fee, to the office to whose jurisdiction the
village has been transferred, for the purpose of being filed in File Book I of
the Office.
When, however after refusal to register by a Registering Officer, the
village in question is transferred whilst the document is on appeal or in a
suit before a Civil Court, to the jurisdiction of another Sub-Registrar, the
document, if the Registrar or the Court orders that it shall be registered,
shall be re-presented for registration to the officer to whose sub-district the
village has been transferred.
40. Presentation of a document for registration.—-(i) A document
for registration other than a document forwarded under section 89 shall be
presented in person and the fee payable thereon, shall be paid direct to the
Registering Officer and not to a clerk or a poem.
1[(i-a) The person presenting the document shall produce his two
recent passport size photographs. One photograph shall be affixed to the
document at the appropriate place in the presentation endorsement made
as per Rule 94 and the other shall be similarly affixed to the thumb
impression register, where the thumb impression and signature, if any, of
the presentant is obtained. (i-b) Without prejudice to sub-rule (i-a), the registering officer may
obtain digital photograph of the presentant and cause it to be printed at
appropriate place in presentation endorsement and thumb impression
register, if he is equipped with a suitable device for the said purpose.
(i-c) After affixing the photograph in the presentation
endorsement and in the thumb impression register, Registering authority
shall sign across the same carefully to ensure that it cannot be removed. If
possible such photographs may be got laminated.]
1. Sub-rules (i-a), (a-b) and (i-c) inserted by Notification No. RGN 2/2002-03, dated 1-04-
2002, w.e.f. 4-4-2002.
(ii) A document referred to in Section 88(2) may be presented through a
messenger with a covering letter signed by the Government officer or
other person concerned referred to in Section 88(1).
(iii) A document shall not be accepted if transmitted by post except
otherwise provided in any law.
41. Examination of a document by the Registering Officer.—
Every document shall before acceptance for registration be examined by
the Registering Officer to ensure that all the requirements prescribed in the
Act and in these rules have been complied with. If there is any informality
in presentation of a nature which can be remedied, the Registering Officer
shall give the party such information as may be necessary and return the
fees and the document with a view to the document being presented again
in due form, For instance, in case such as those mentioned below he should
explain the defect to the presentant; if the document is presented in the
wrong office; or presented beyond the prescribed time limit or the parties
have come without the prescribed fees; if an agent has come without a
power-of-attorney or without such a power as the Act required, or if the
presentant is not a competent person to present the document, if the
description of the property is either insufficient for purpose of
identification or does not fulfill the requirements of Rules 13 to 15, if the
document is not accompanied by a translation or by copy of a map when
such translation or copy is necessary; if there are unattested interlineations,
alterations, erasures or blanks, which the Registering Officer considers
should be attested by the initials of signature of the executants; if the date
of execution is not given in the document of if it is anterior to the date of
purchase of the stamp paper on which the document is written, or if the
date is given according to both the British and the Indian calendars and
these dates do not tally. The action of the Registering Officers in this
respect shall be confined to advice and he shall not himself alter the
document in any way. CASE LAW
Rule 41 —- The presumption arising from the rule requiring the sub-Registrar
to explain the contents of the document to the executant is a rebuttable
presumption —- ILR 1967 Mys. 217.
42. Manner of noting interlineations, etc. —-Each important
interlineations, erasure or alteration occurring in a document shall,
whenever possible, be caused to be noted or described at the foot of the
document and to be signed by the executant before the document is
accepted for registration. This course is, however unnecessary in respect of
a document executed solely by a public functionary as such or of a
document received under Section 89. In such cases it will suffice if the
interlineation, erasure of alteration is attested by the officer concerned.
43. Manner of presentation of map, etc., with a document. — Every
copy of a map or plan accompanying a document shall be certified to be a
true copy and shall be attested by the signature of the person executing the
document of his duly authorised agent.
44. Manner of registration when document is presented in
duplicate. —- When a document is presented for registration in duplicate
or triplicate, the Registering Officer shall treat the duplicate and triplicate
as such if they are exact reproduction of the original and bear the same
date. 1[should any] discrepancy be detected, the presentant shall be
required to reconcile it before the document is accepted for registration. If
the original contains a map or plan, a copy shall be annexed to the
duplicated and to the triplicate.
45. Endorsement on the document. — (i) If there are no
impediments such as those mentioned to the acceptance of a document for
registration or if the document is presented again after any such
impediments have been removed, the Registering Officer shall endorse on
the document the date, the hour, and the place of presentation and take the
signature of the presentant party to such endorsement.
(ii) If, however, any of the impediments referred to above is
discovered after the presentation endorsement has been made on the
document, the later may be returned for correction or amendment if the
party so desires with an endorsement to that effect. Should the document
be presented again, a re-presentation endorsement shall be made. 46. Suspension of registration of documents. —- (i) If the period
prescribed for presentation has elapsed, but the documents is still
admissible on payment of a fine, the Registering Officer shall, if he is a
Sub-Registrar, suspend its registration pending the orders of the Registrar.
(ii) If the document is chargeable with duty under the Indian Stamp
Act, 1899 or the Karnataka Stamp Act, 1957, and is not duly stamped the
Registering Officer shall impound it and shall write immediately below the
endorsement made on it under Rule 45, the words and figures impounded
under Section 33 of the Indian Stamp Act, 1899 or Karnataka Stamp Act,
1957 and shall sign the same with date and send it to the Deputy
Commissioner, with reasons therefore registration being suspended.
(iii) Pending orders on such references to a Registrar or prior to
sending a-document to the Deputy Commissioner, the Registering Officer,
may however, record the admission of the execution and the examination
of witnesses, if any.
47. Payment of proper stamp duty.—- If the executant of a
document is in doubt about the proper stamp and consults a Registering
Officer on the subject before formal presentation, the required information
may be given without impounding the document. It should be explained
to the executant at the same time that if he wishes to obtain an authentic
opinion, he must apply to the Deputy Commissioner under Section 31 of
the Indian Stamp Act, 1899, or the Karnataka Stamp Act, 1957, as the case
may be.
48. Payment of Court fees stamps. — If a document is chargeable
under the Karnataka Court Fees and Suits Valuation Act, 1958, and is
unstamped or is insufficiently stamped, it shall be returned to the party
presenting it (vide Section 4 of the said Act) In order that the Court fees or
the deficiency in them may be made good.
1. Substituted for the word “ Should” by Karnataka Registration ( Amendment )
Rules,1971.
49. The date of execution to be noted in a document. — A
Registering Officer may require that the date of execution shall be entered
in a document presented for registration whenever it is not found therein.
50. Date of execution of document how reckoned. — (i) The date of
execution of a document is the date on which it is signed by the party and
the date which a document boars at its head is not necessarily the date of
its execution though it is prima facie so. (ii) The date on which a certificate of sale by a Civil or Revenue Court was
signed by the Court shall be taken as the date of execution for registration
purposes.
(iii) An alteration in the date of execution of a document made ostensibly
for the purpose of evading payment of the penalty leviable under Sections
25 and 34 of the Act shall not be recognized and the document shall be
treated as having been executed on the date originally entered therein.
(iv) If the date of execution is altered or if the document bears an
impossible date or a fictitious date anterior to the date of purchase of a
stamp on which the document or any portion of it is written, the document
shall be refused registration if the correct date cannot be ascertained.
51. Registration on payment of fines.— Application for registration
on payment of fines under Sections 25 and 34 shall be in writing. A
statement in writing from the party concerned shall be regarded as
equivalent to an application under those sections.
52. Rate of fines for delays, etc .— (i) The fines for delays in
presentation and appearance under Sections 25 and 34 shall be regulated as
follows.—-
(a) When the delay does not exceed one week after A fine equal to the
the expiration of the time allowed for presentation registration fee
or appearance. .
(b) When the delay exceeds one week but does not A fine equal to twice
Exceed one calendar month. the registration fee.
(c) When the delay exceeds one month but does not A fine equal to five times the
Exceed two months. registration fee.
(d)When the delay exceeds two months but does not A fine equal to ten times the
exceed four months. registration fee.
(ii) The fine shall be levied in addition to the proper registration fee.
(iii) The term “ registration fee” as used in this rule means the fee
actually leviable under any of the Articles I to IV of the Table of Fees and
notes thereunder.
53. Calculation of rate of fine in case of documents in duplicate.—
When a document is presented for registration in duplicate or triplicate,
the fine leviable under Rule 52 shall be calculated as for one document
only. 54. Calculation of fine in certain cases.—- Whenever a fine for
delay in appearance is levied on more occasions than one in respect of one
and the same document, the amount of the fine leviable on the second and
subsequent occasions shall be the difference, if any, between the total
amount leviable up to the second or subsequent occasion and the fine or
fines previously levied in respect of such document.
55. Application for condoning delay in presentation, etc .— (i)
Whenever an application under Section 25 or Section 34 is lodged with a
Sub-Registrar, he shall forward the same, whether he considers the reason
for delay to be satisfactory or not, for the orders of the Registrar but as laid
down in Rule 46(iii) there is no objection to his recording the admission of
execution on such a document before forwarding the application to the
Registrar.
(ii) When the Registrar condones the delay either under Section 25(1)
or under the proviso to Section 34(1) and directs either the acceptance of
the document for registration or its registration as the case may be, the
Sub- Registrar, on receipt of orders to that effect from the Registrar shall
make an endorsement on the document above the registration certificate in
the following form and close the same with his signature and date.—-
Acceptance for registration/admission to registration was directed by
the ……. Registrar of ……. In his Order No. ……….. dated ……… on
payment of the fine of Rs. ………… for a delay of ………. Under Section
25/Section 34 of the Indian Registration Act, 1908.
Date:
Signature of the Sub-Registrar.
CHAPTER X
Attendance At private Residences
56. Application for attendance at a private residence.—-An
application for attendance at a private residence shall be in writing and
shall, in all possible cases, be signed by the person seeking the concession
though it may be presented by any person to the Registering officer.
57. Attendance at a private residence. — A requisition for
attendance at a private residence shall be complied with as early as
possible. If compliance world interfere with the regular business of the
office or involve the closing of the office and if the case does not fall under
the proviso to Section 31 of the Act, a commission should if practicable, be
issued. Every such attendance by a Sub-Registrar or under his orders shall
be reported to the Registrar within 24 hours. 58. Attendance at a private residence by the Registrar.— A
Registrar may attend at a private residence situated within the limits of his
district even though it may not lie within the sub-district for the purpose.
59. Persons exempt from personal appearance.—(i) Persons exempt
by law from personal appearance in Court are, under the Code of Civil
Procedure, 1908.—
(a) women, who according to the customs and manners of the
country, ought not to be compelled to appear in public, and
(b) persons of rank especially exempted by the Government.
(ii) A list of persons exempted under clause (i) (b) shall be obtained
gy the Registrar from the High Court or District Court and communicated
to every Sub-Registrar in his district.
(iii) When in the course of attendance at a private residence the
Registering officer is required to record in respect or the same document
the admission of execution of persons not entitled to the concession, the
request may be complied with, provided that an attendance fee is levied in
respect of each such person.
60. Form and procedure of payment of commission.—-(i) A
commission issued under Section 33 or Section 38 shall be prepared in the
form hereunder* and shall, when the person to be examined resides within
the sub-district, be addressed ordinarily by the registering office to one of
his clerks, if any. When the person to be examined resides in another sub-
district, whether within the same district or in another district, the
commission shall be directed to the Sub-Registrar of the latter sub-district.
The Sub-Registrar receiving a commission so addressed may, if he cannot
attend personally, redirect it to any officer of his establishment vide also
Sections 75 and 76 of the Code of Civil procedure, 1908.
The form above referred to.—
*Commission under Section 33 or Section 38 of the Indian Registration
Act, 1908.
To
The District Registrar/Sub-Registrar.
Whereas the accompanying power-of-attorney/document, dated
the ……………. And purporting to have been executed by A.B. son of
……………… residing in your sub-district …………….. has been
presented for attestation/registration in this office and whereas it is
necessary that it should be ascertained whether it has been voluntarily
executed by the person by whom it purports to have been examined in
connection. Executed take
——————— you are hereby requested to ————— the examination of
Therewith order
……….. upon the interrogatories hereunto attached and to return this
commission with the examination of the said ………….. to this office on or
before the day of …………..
Given under my hand and seal this day ………… of ………….. 20 …..
Signature of Registering Officer.
Seal.
(ii) When the commission is for the examination of an executant, and
has been executed, the Commissioner shall return the document to the
office from which it was issued endorsed as follows.
Having attended the …………. at residence of A.B., son of C.D., at
……….. I have this day examined the said A.B., who has been identified to
my satisfaction by E. F., son of G. H., etc., resident of …………. And the
said A.B., admitted (or denied) the voluntary execution of this power-ofattorney/the execution of this document.
Left thumb impression of executant when necessary.
Full signature of the executant.
Signature of witnesses.
Commissioner.
(iii) Where receipt of consideration is acknowledged before the
Commissioner, he shall add the following clause to this endorsement:
“and acknowledged receipt of Rs. ……….. (or goods to be
specified) being consideration (in whole or in part).”
(iv) Where consideration is paid in the presence of the Commissioner,
he shall ad the following to the endorsement.—-
“I also certify that Rs. ……….. (or goods to be specified) were paid
(or delivered) in my presence to the said A.B. by.”
The signature of the payee and payer shall also be taken below this
endorsement, as provided in the specimen form in Schedule B. (v) On receiving the Commissioner’s report, the Registering Officer
shall, if satisfied as to the execution of the document, make the following
endorsement below the report.—–
“From the foregoing report I am satisfied that this Power-ofAttorney/document has been voluntarily executed by the said A.B.”
Date:
Signature of Registering Officer.
61. Manner of examination of witnesses.—- A commissioner may
examine witnesses in the same manner as a Registering Officer and
persons who may be required to give evidence before a Commissioner and
who refuse to do so shall be subject to the penalties and punishments
which they would incur for the same offence if committed in a Registration
Office.
62. Manner of examination by the Registering Officer.—- A
Registering Officer may examine the Commissioner personally in his office
touching any of the circumstances connected with the discharge of his
commission, especially with reference to the voluntary nature of the
admission of execution.
CHAPTER XI
Power-of-Attorney
63. Examination of a Power-of-Attorney.—- (i) When a power-ofattorney is executed before a Registering Officer he shall, after satisfying
himself of the identity of the party and obtaining when necessary his left
thumb impression against the signature, authenticate it in the following
form.—-
“ Authentication under clause (a) of sub-section (1) of Section 33.
The power-of-attorney has been executed by…… of ….. in my
presence on the ……… day of ………….19. . . . . . . The said…… is
personally known to me/the identity of the said ……… has been proved
by the testimony of Sri …………… to my satisfaction, and whose signature
are affixed to this endorsement.
Signature of the person identifying
the principal.
Signature of (Sub) Registrar.”
Seal.
Dated: (ii) When a Power-of-Attorney which has not been executed before
a Registering Officer is presented to him for attestation under the proviso
to Section 33 the Registering Officer shall, if he attends himself at the
private residence of the principal or if the principal appears in the office
behind a purdah in the case of Ghosha ladies and is examined with the
help of any witness, adopt the following form of attestation.—-
“Attestation under sub-section (2) of Section 33,
This Power-of-Attorney has of been voluntarily executed by ———
of ———— I have satisfied myself in this behalf by personal examination
of ————- by examination of the said ———- on commission. The said–
——– is personally known to me. The identity of the said ——— has been
proved by the testimony of ———- to my satisfaction, and whose
signature is affixed hereunto.
Seal. Signature of the person identifying
Dated. the principal.
Signature of the (Sub) Registrar.”
(iii) In authenticating a Power-of-Attorney which occupies more
then one sheet of paper, the seal and the signature of the Registering
Officer shall be affixed to each sheet.
(iv) Every interlineation, blank, erasure of alteration in the body of a
Power-of-Attorney which is authenticated and not registered shall, at the
time of authentication, be detailed in a footnote added to the document
below the endorsement of authentication and shall be signed by the
Registering Officer even if the party himself has entered a similar note in
the document, of there are no interlineations, blanks or erasures of
alterations, in the body, that fact shall be noted.
Interlineations, etc., in the authentication or attestation
endorsements shall be initialed by the Registering Officer.
64. Procedure regarding special or General Power-of-Attorney.—-
(i) Special Powers-of-Attorney for registration purposes produced before a
Registering Officer are to be retained and filed in original. If general
powers be so produced, their copies with the proper Court fee stamp
should be obtained and filed. Both of these should be filed separately.
(ii) On the original or copy thus filed, a note as follows should be
endorsed showing for what purposes the Power-of-Attorney has been
employed:—- (a) Document serial No. …………. of daily Register dated
…………. has been presented for registration by ………
under authority of this Power-of-Attorney (or Power-of-
Attorney of which this is a copy).
(b) Execution of document No. ……….. registered at page
………… of Book No. ……….. Volume …………. has been admitted by
………. On behalf of ………… under authority of this
Power-of-Attorney ( or the Power-of-Attorney of which this is a copy).
Seal. Signed A.B.
Date. Registrar or Sub-Registrar.
(iii) The above not should be recorded on the day on which the
power is acted upon, pages, volume, etc., being filled up after registration
of the deed.
65. Attestation of endorsement on a Power-of-Attorney.—– One
copy of a general power will suffice for the registration of more than one
document on the same day or for the registration of different documents
presented at different times. The endorsement under Rule 64 should be
written on each occasion the power is being acted upon. If there be no
space on the copy for the endorsement a fresh paper may be attached
thereto.
66. Form of endorsement.—– The endorsement prescribed in Rules
63 and 64 shall be written in English.
67. Registration of a Power-of-Attorney.—- A Power-of-Attorney
may be brought to a registering Officer (i) for authentication or attestation,
or (ii) for registration, or (iii) for both authentication or attestation and
registration. In the first case, he shall merely make the entry prescribed for
authentication or attestation; in the second case, he shall register the power
in the same manner as any other document; and in the third case, he shall
first authenticate or attest the power and then admit it to registration in
the usual manner.
68. Manner of registration of a Power-of-Attorney.— Although a
Power-of-Attorney may be registered like any other instrument, it is not
valid for registration purposes unless authenticated or attested as the case
may be when 1[x x x x x ] a person who does not understand the distinction
between authentication or attestation and registration, the registering
officer should explain the difference to him and give such information as
may be necessary. 69. Powers of registering authorities regarding Power-ofAttorney.—– District Registrars or Sub-Registrars cannot legally
authenticate or attest Power-of-Attorney other than those required for
registration purpose. A Registering Officer can authenticate or attest a
General Power-of-Attorney only when it contains a specific authority to
present a document or to admit execution of a document executed by the
principal.
70. Abstracts of Power-of-Attorney.— (i) An abstract in Form No.
12, Schedule A shall be retained to each Power-of-Attorney authenticated
of attested by a Registering Officer as prescribed in Rule 25 whether such
power is general or special registered or not registered. The notes of
interlineations, blanks, erasures and alterations made by the Registering
Officer on the original power shall be copied verbatim in the abstract.
(ii) (a) Each registration office shall maintain a register of all
revocations of Power-of-Attorney registered in, or communicated to it, in
the prescribed Form 12-A and also note the fact of such revocation in Form
No.12 as aforesaid.
(b) When notice of a revocation is given to a Registering Officer, he
shall send an intimation of the same to such other offices as may be
specified by the person on revoking the power.
CHAPTER XII
Presentation of Documents and Examination of Parties
71. Persons executing documents.—- (i) The expression “A person
executing a document” shall be held to include.—-
(a) any person who becomes surety for the repayment of a loan
or the fulfillment of a contract and in that capacity affixes his signature
to a document;
(b) any person who endorses a negotiable document;
(c) any person who signs a receipt or a discharge endorsed on a document;
(d) any person who signs a document as an executant in token of his assent
to the transaction and not merely as a witness even though he may not
be described as an executant in the body of the document.
(ii) In the case of a document purporting to be executed by an
attorney, or by a guardian of a minor or by a legal curator of an idiot or
lunatic, such attorney or guardian or curator shall be held to be a person
executing the document for the purposes of Sections 32, 34, 35 and 58 of
the Act but for the purpose of Section 55, the principal or minor or idiot or
lunatic as well as the attorney or guardian or curator shall be considered to
be executing parties.
1. The words “A Power-of-Attorney is brought to a Registering Officer by” omitted by
Karnataka Registration (Amendment) Rules, 1971. 1[(iii) Every person executing a document as referred to in sub-rules (i)
and (ii) of this rule, shall produce to the registering officer, two recent
passport size photographs at the time of recording of admission of
execution. One photograph shall be affixed to the document at the
appropriate place in the admission of execution endorsement made as per
Rule 94, and the other to the thumb impression register where thumb
impression and signature, if any, of the executant is obtained.
(iv) Without prejudice to sub-rule (iii) of this rule registering officer
may obtain digital photographs of the executants and cause it to be printed
at appropriate place in admission of execution, endorsement and thumb
impression register, if he is equipped with a suitable device for the said
purpose.
(v) (a) If the document relates to the transfer of ownership of
Immovable property, which involves more than one
Buyer and seller of such property described in
the document then each buyer and seller shall give
his thumb impression and shall also produce
to the Registering Officer, two recent passport
size photographs, one to be affixed to the
document at appropriate place in the endorsement
made as per Rule 94, and the other to be affixed
to the thumb impression register, where thumb
impression and signature, if any, of the buyer and
seller is obtained.
2[(b) If the buyer or seller or both are represented by a power
Of Attorney holder(s), such Power-of-Attorney holder(s)
Shall produce to the Registering Officer his or their two
recent passport size photographs, as the case may be. One
of such photographs shall be affixed to the document at an
appropriate place in the endorsement made as per Rule 94,
and the other shall be affixed to the thumb impression
register, where the thumb impression of signature, if any,
of such Power-of-Attorney holder is obtained.]
(vi) Without prejudice to sub-rule (v) the Registering officer may
obtain digital photographs of the buyer and the seller and cause it to be
printed at appropriate place in the endorsement and thumb impression
register, if the is equipped with a suitable device for the said purpose.
(vii) After affixing the photograph in the endorsement and in the
thumb impression register, the registering authority shall sign across the
same carefully to ensure that it cannot be removed. If possible such
photographs may be got laminated.] CASE LAW
Rule 71(d) —- Rule is only directory and not mandatory.—–
K.Venkatachalapathy Setty v K.R. Setty and others, 1989(3) Kar. L.J. 47
(DB): ILR 1989 Kar. 2062 (DB).
1. Sub-Rules (iii), (iv), (v), (vi) and (vii) inserted by Notification No. RGN 2/2002-03, dated
1-4-2002, w.e.f. 4-4-2002.
2. Substituted by Notification No. RGN 2/02-03, dated 19-06-2002, w.e.f. 19-6-2002.
72. Place of Registration.—- As a general rule registration shall
take place in public, but the Registering Officer may, on the application of
a party and if he considers such a course to be called for, exclude the public
during the course of any enquiry.
73. Duties of the Registering Officer.—- (i) It shall form no part of
the Registering Officer’s duty to enquire into the validity of a document
brought to him for registration or to attend to any written or verbal protest
against the registration of a document, provided execution is duty
admitted; but in case of executants who are unable to read, the document
shall be road out and if necessary explained to them. If the document is in
a language which they do not understand it must be interpreted to them.
(ii) If registration is objected to by any person on any of the
following grounds, viz.,
(a) that a person appearing or about to appear before the
Registering Officer as an executant or claimant the person he
Professes to be, or that he is a minor, an idiot, or lunatic.,
(b) that the instrument is forged;
(c) that the person appearing as a representative, assignee or agent has no
right to appear in that capacity;
(d) that the executing party is not really dead, as alleged by the party
applying for registration.
Such objections shall be duly weighed by the Registering Officer and
if they are substantiated, registration shall be refused but under subsection (2) of Section 58, if execution be admitted, registration should take
place even if the executant refuses to sign the Registering Officer`s
endorsement of admission. CASE LAW
Rule 73—Duty of Registering Officer.
K. Bhimiah, CJ.— Petitioner a Housing Co-operative Society owned
several sites and allotted one to respondent 3. When petitioner presented
the document of sale for registration, the Sub-Registrar issued an
endorsement, calling for a no objection certificate from the Urban Land
Ceiling Authority and as to how the society had acquired the land,
conversion certificate, sanctioned outlay plan and tax paid receipts. The
endorsement was given in accordance with guidelines given by the
Inspector General of Registration.
Held, the endorsement was given without authority of law and was
liable to be quashed. —- Malleshwaram Tailoring Co-operative Society v
sub-Registrar, Bangalore North, 1983(1) Kar. L.J. Sh. N. 51.
74. Proof to be adduced by a representative.— Satisfactory proof of
the right of a person to appear in any of these capacities shall be adduced
before he is permitted to present a document or to admit or deny its
execution.
75. Procedure when the executant is a lunatic, etc.—– A Registering
Officer should form his own opinion as to whether a party appearing
before him as executant of a document is a minor, lunatic or an idiot. He is
not expected to hold an elaborate enquiry, although, if he so desires, he
may examine on the point, any one present in the office.
76. Procedure when the executant dies after presentation of a
document.— When (i) a non-testamentary document is presented for
registration after the death of the executant or (ii) the executant dies after
presentation of a document by the claimant or his representatives, assignee
or agent and before admission of execution, the Registering Officer shall
ascertain by examining the presentant and the witnesses accompanying
him who are the representatives or assignees of executant and refer, it he
considers it necessary, to the village officer for information on this point. If
any of the persons ascertained to be representatives or assignees of the
executant and refer, if he considers it necessary, to the village officer for
information on this point. If any of the persons ascertained to be
representatives or assignees of the deceased executant are present in the
office at the time of the presentation of the document in case (i) or on the
day fixed for the appearance of the executant in case (ii) and if the
Registering Officer is satisfied of their representative character, he shall
examine them on that day in regard to the execution of the document by
the deceased. A day shall then be fixed for the appearance of any other
persons claiming to be representatives or assignees for examination in
connection with the document and summons shall be issued to such of the
ascertained representatives as have not yet been examined. A notice of the
fact of the intended enquiry shall be posted in the office premises and on
the chavadies of the village in which the deceased resided and of the
village or villages where the property affected by the document is situate and shall be proclaimed by a crier in those villages. The cost of the service
of the notice shall be levied from the person who presented the document
for registration.
If the persons already examined as representatives have admitted
execution and if on the notified day the persons summoned appear and
admit execution and if any other person claiming to be representative or an
assignee who may appear on that day admit execution, the document shall
be registered. Should any representative or assignee, of whose right to
appear as such the Registering Officer is satisfied, deny execution or
willfully avoid appearance, the document shall be refused registration in
toto.
If on the day fixed for the examination, all the representatives who
appear to admit execution, or if persons claiming to be representatives
have already appeared and have admitted execution and no
representatives have already appeared and have admitted execution and
no representatives appear on the day fixed as aforesaid, the document shall
be registered as regards the deceased executant. But if some of the
representatives admit execution and others deny it, the registration shall,
where the Registering Officer is a Sub-Registrar, be refused. A Registrar in
such a case will proceed under Sections 74 to 76 of the Act.
The form of endorsement by Registering Officer under the above
rules shall be as follows.—-
“I have satisfied myself in the manner laid down by Rule 76 that
the presentant above named is entitled to present the document and that
the document purported to be executed by ………. Son of …………… has
been voluntarily executed, and that the executant is deceased.
Accordingly, the document is admitted for registration, and the presentant
is identified by …………. to my satisfaction.
Witnesses:
1.
2.
Date.
Sub-Registrar.”
77. Procedure where the executant is deaf, etc.—- (i) The mere fact
that an executant is deaf and dumb does not make him incompetent to
understand and answer questions put to him. If the Sub-Registrar is
satisfied the executant has sufficient understanding to judge of the nature
and consequences of his act and can by some means of other, such as
writing or signs, etc., express himself so as to admit execution, registration
of the document should be ordered. (ii) If, however, he finds that the executant is not able to understand
questions put to him, he shall refuse to register the deed under Section
35(3).
(iii) In any case a not should be made in the Minute book giving in
detail the circumstances which helped the Registering Officer to arrive at
his conclusion. In the endorsement of admission of execution on the deed
itself, in addition to the usual form, a short not of the above particulars
should be recorded.
78. Registering Officer should take thumb impression of every
person.—– (i) The Registering Officer should take thumb impression of
every person required to give it, while registering a document, irrespective
of his status.
(ii) When the presenter or the executant is a leper of suffering from a
loathsome disease, the Registering Officer need not record the thumb
impression; he should, however, make a note of his physical defect below
his signature or attested mark to the presentation or admission
endorsement. If the disabled executant is unable to affix his thumb
impression or unable to sign the endorsement his identity shall be
established by two respectable witnesses, who shall vouch for the
executant and affix their signatures with their full addresses in the
presentation endorsement as well as in the thumb impression registers in
the cage provided therefor, in proof thereof.
79. Manner of taking the thumb impression.—- (i) Every presentant
and executant of a document should be invited to give the rolled
impression of the ball of his left thumb below his signature to the
endorsement of presentation and admission of execution, and also in the
thumb impression register in Form No. 14 of Schedule A. Each cage in that
register is intended for taking the thumb impression of one person only.
The thumb impression of the presentant in the thumb impression register
shall be distinguished by the word “Presentant” against it.
Proviso. —- No impression in addition to their signature should be taken
in the following cases. —
When the presentant or executant is literate and is personally known
to the Registering Officer is a lady or gentleman of position, their
signatures should, however, be taken in the appropriate column of the
thumb impression register.
Note.— In regard to paradanashin ladies, no exemption should be
allowed. They should in all cases be invited to give the impression of their
thumb. (ii) If a presentant or an executant has lost his left thumb or if his left
thumb is so deformed or deceased that he cannot use it, the impression of
the bulb of his right thumb or of any finger ;may be taken instead. In such
cases a note should be made in Column 2 of the Thumb impression
Register, stating which finger or thumb has been used in making it and
explaining why the ;impression of the left thumb was not taken. The
fingers of the hand should be described as commencing with that next the
thumb:— the first of fore-finger, the second or middle finger, the third or
ring-finger, and the fourth or little finger.
(iii) When a presentant or an executant presents or admits execution
of several deeds on the same day, only one thumb impression should be
taken in the Thumb impression Register quoting the serial numbers of all
the deeds in Column 1 thereof, Separate thumb impressions shall,
however, be taken each deed.
(iv) In case of illiterate presentant or executants, who are not exempt
from recording their thumb impressions, the Registering Officer need not
take any other mark except the thumb impression below presentation or
admission endorsement.
(v) When the thumb impression of an illiterate presentant or
executant is taken below the presentation or admission endorsement the
words “and thumb impression given”, “and gives his thumb impression”
should be added to the endorsement of presentation and admission of
execution as the case may be.
(vi) In cases where literate or illiterate presentants or executants
refuse to give their thumb impressions, their refusal should not be
recorded in the presentation or admission endorsement on the deed. A
note should be made in the Thumb Impression Register and the column
intended for that thumb impression should be kept bland. In such cases,
signatures of literate presentant or executants, should however, be taken
below the presentation or admission endorsement and in Column 3 of the
Thumb impression Register, as usual and attested “marks” of illiterate
presentant or executant below the presentation or admission endorsement.
If the signature or mark is refused this fact must also be noted in the
endorsement.
Note:— The Registering Officer should do his best to persuade all
presentants or executants to give their thumb impressions explaining to
them that the object of taking the thumb impressions is to establish the
identity of the person and is in their best interest. 80. Separate register of thumb impression in respect of private
attendance.—- A separate register shall be maintained in each Registry
Office for thumb impressions obtained in connection with the registrations
of documents at private residences. Neither this register nor the ordinary
Register of Thumb impressions shall be taken by a Registering Officer
when attending at a private residence, but thumb impressions at such
residences shall be obtained on separate slips of paper and the slips shall
be pasted, with the initials and date of the Registering Officer added to
them in the appropriate page in the separate impression book. The slip
shall contain a certificate in the following form. —-
“The impression on this slip or, each impression on this slip was
affixed in my presence and under my personal supervision by the person
whose name is entered next to it.”
In the case of a gosha lady who does not appear before the
Registering Officer, the words “taken under my instructions from” shall be
substituted for the words “affixed in my presence and under my personal
supervision by” in this certificate.
81. Identification of Executants. —- (i) When a Registering Officer
is acquainted either with the person admitting execution of a document or
with the identifying witness, he shall make a note in the endorsement to
this effect. If the Registering Officer is not acquainted with the executant
and no witness with whom the Registering Officer is acquainted is
produced to identify the executant, the Registering Officer shall either. —-
(a) examine any two witnesses, produced by the executant
to prove his identity;
or
(b) examine on oath the executant and 1[two witnesses]
produced by the executant to prove his identity.
(ii) Where the person appearing before the Registering Officer as an
executant of a document in the military employment of Government and is
unable to produce any witness or witnesses to identify him or to prove his
identity, as the case may be, the Registering Officer shall, if such person
produces his identity card duly certified and bearing his photograph,
accept it as sufficient proof of his identity, unless the Registering Officer
has ground to believe that the identity card is not genuine. If the in
identity card is accepted as such proof, the Registering Officer shall
endorse on the document the number of the identity card and the
designation of the authority purporting to have signed and certified it.
2[
3[(iii) x x x x x.]
1. Substituted for the words “one witness” by Notification No. RGN 2/2002-03, dated
1-4-2002, w.e.f. 4-4-2002.
2. Sub-rules (iii), (iv) and (v) inserted by Notification No. RGN 2/2002-03, dated
1-4-2002, w.e.f. 4-4-2002
3. Sub-rules (iii) omitted by Notification No. RGN 2/2002-03, dated 19-06-2002, w.e.f.
19-06-2002.(iv) Identification by deed writer, Stamp vendors, petition writers
and hangers-on in office shall be avoided. Care must be taken that
identification does not become a business.
(v) After affixing the photograph in the endorsement and in the
thumb impression register, the registering authority shall sign across the
same carefully to ensure that it cannot be removed. If possible such
photographs may be got laminated}.
CHAPTER XIII
Issue of Processes
82. Enforcement of appearance of Executants and Witnesses. —
All District Registrars and Sub-Registrars themselves or through the
Tahsildars of their respective jurisdictions, may issue processes.
CHAPTER XIV
Wills or authorities to adopt
83. Registration of a will or an authority to adopt. —- (i) When a
Will or an authority to adopt is presented for registration after the death of
the testator of donor it may be accepted for registration and it shall be
registered only if the Registering Officer is satisfied on the points
mentioned in Section 41(2) of the Act, viz.,
(a) that the will or authority to adopt was executed
by the testator or donor;
(b) that the testator or donor is dead; and
(c) that the presentant is a claimant or an executant under the will or an
adoptee.
(ii) For this, Registering Officer should record on the Will or
authority to adopt the deposition of the witnesses and the scribe if possible
examined on oath. He may require the production of the death certificate
or may rely on the sworn statements of witnesses in proof of the death of
the testator of donor. In such cases.—
(a) the identification of the deponents is not necessary;
(b) no application for presentation of the Will or authority to adopt is
necessary; nor is the presentant`s statement required unless he wishes
to depose to the execution of the will or authority to adopt;
(c) if the presentatnt`s name figures in the will or authority to adopt as a
claiming party, no further enquiry is needed to establish his status;
(d) the thumb impressions of all illiterate deponents and the signature of
literate deponents and thumb impressions also of those unknown to the
Registering Officer if not objected to, should be taken below the
deposition and in the Thumb impression Register;
(d) if, after the conclusion of the examination of the witnesses, the
Registering Officer should decide to register the document, an
endorsement in the following form shall be made on it and its
registration shall be completed.— “I am satisfied from the evidence of the witnesses whose signatures appear
above.—
(i) that the will (or authority to adopt) was executed by
the testator;
(ii) that the testator (or donor) is dead;
(iii) that the person presenting the Will (or authority to adopt)
is entitled to present the same.
Date: Signature of Registering Officer.”
(f) should the Registering Officer decide to refuse registration, the
usual endorsement of refusal shall be entered on the document.
Note:—- The day –to-day entry should be made in the Minute Book
giving only a bare recital of important facts.
84. Return of will or authority to adopt after the death of Testator-
—unregistered.—-A will or an authority to adopt presented for
registration after the death of the testator or donor may be returned to the
presentant unregistered, if he so desires in writing, unless it appears that
the document is forged.
85. Registration of revocation or cancellation of a Will or an
Authority to adopt.—- A revocation or cancellation of a Will or of an
authority to adopt shall be treated as a document of testamentary character
and shall be registered in Book 3.
86. Unclaimed Wills.—- (i) Wills registered or refused registration
in a Sub-Registry office which remain unclaimed for a period of over two
years shall be forwarded to the Registrar’s office for safe custody, a note to
that effect being entered against the original entry in the office records.
(ii) If the person entitled to claim the return of a will applies to a
Sub-Registrar for its return after the document has been transmitted to the
Registrar`s office, he should be advised to obtain it from the Registrar
direct, if he is unwilling to do so, the will should be obtained from the
Registrar by the Sub-Registrar and returned to the person and a note of its
receipt from the Registrar’s and returned to the person shall be entered in
the office records. CHAPTER XV
Sealed Covers Containing Wills
87. Manner of entries of sealed covers containing Wills. —- (i)
Every entry made under Section 43 in Book 5 shall be dated and signed by
the Registrar.
(ii) When a sealed cover is withdrawn under Section 44, the entry
relating to the withdrawal shall be signed by the person by whom the
withdrawal is made as well as by the Registrar.
88. Deposit of Wills by persons. —- When a Will executed by two
persons jointly is deposited under Section 42 by both of them in a sealed
cover, a request by one of the testators for the withdrawal of the sealed
cover after the death of the other testator shall not be complied with. The
Registrar may, however, after procuring satisfactory evidence as to the fact
of the death require the applicant to present an application under Section
45 for the opening of the cover and the copying at the applicant’s expense,
of the Will in Book 3. He may then grant the applicant a copy of the Will, if
the applicant so desires.
89. Registration of Wills sent by post. — (i) Wills sent by post to a
Registering Officer are not presented for registration or deposited within
the meaning of the Act, and Sections 42 to 46 are therefore inapplicable to
them.
(ii) If a cover purporting to contain a Will reaches a Registrar by
post, he shall return if unopened. Should the cover however be retained in
the office because the address of the person to whom it should be returned
is unknown, the Registrar shall record upon the cover the date of receipt
and the facts that it was received by post and that it has not been secured
under the Act as the terms thereof have not been complied with.
(iii) A will so received shall not be delivered to any applicant unless
the Registrar is satisfied that such applicant is duly authorised to receive
it, nor shall the cover be opened on an application under Section 45, as it
has not been deposited according to the provisions of Section 42.
(iv) A cover purporting to contain a Will which may reach a SubRegistrar by post shall be returned to the sender or, if address of the sender
is not known, shall be forwarded with full particulars to the Registrar who
shall deal with it under clause (ii) of this rule.
(v) If the fireproof box supplied to District Registrar shall be placed
and retained (a) sealed covers deposited (b) Wills registered or refused
registration by District Registrars and remaining unclaimed for more than
two years and (c) Wills received from Sub-Registrars under Rule 86(i). A
register shall be maintained in each Registrar’s office showing the sealed covers received, withdrawn and opened from time to time. In it shall also
be entered Will received by post by the District Registrar and retained in
the office under clause (ii), Wills forwarded by Sub-Registrar and retained
in the office under clause (iv) and rule under 86(i) and Wills registered or
refused registration in the Registrar’s Office and lying unclaimed for over
two years.
(vi) An officer assuming charge of a Registrar’s office, either
permanently or temporarily, shall compare the sealed covers and Wills
with the entries in Book 5 and in the register prescribed in clause (v) and
shall report to the inspector General whether they are correct and whether
the covers are preserved properly.
90. Endorsements to be made when a sealed cover containing a
Will is opened. — (i) When a sealed cover containing a Wills is opened
under Section 45, the following endorsements shall be made on the Will. —
Having satisfied myself that the testator hereof is dead, the sealed
cover containing this Will is opened on the application of ………….
(Signature and addition) and in the presence of (signature and addition)
this day of………… 19…………
Signature of Registrar.
This Will has been copied in Book 3 as No. ………… of 19 …….
volume…………. pages ………
Date: Signature of Registrar.
Seal.
(ii) When a sealed cover containing a Will is opened under the
order of a Court and copied in Register Book 3 under Section 46 of the Act,
the fact shall be noted in Register Book 5, in the column headed “number
of document in Book 3” and the following endorsement shall be made on
the Will itself.—-
Opened and copied in Book 3 as No …………. Of 19 ……… Volume
………… Page ……….. and forwarded to the Court pursuant to the order
of the Court, dated ……….. 19 ………….
Date: Signature of Registrar.
Seal.
91. Forwardal of a Will to Court. — When a Will is forwarded to
Court, it shall be accompanied by a memorandum intimating the fee
payable for opening the cover and the charges for copying with a view to
these being collected by the Court and remitted to the Registrar. An
acknowledgment of the receipt by the Court of the cover or Will shall also
be obtained and filed in the office. 92. Manner of forwarding a Will to a Court. —– When a citation
is issued by a Court to produce or forward a Will deposited with the
Registrar under Section 43, it shall be sent either through a clerk in a sealed
cover, provided that no payment of traveling allowance to the clerk is
involved, or be forwarded by registered post insured for not less than
Rs. 1,000 addressed to the officer presiding over the Court concerned.
93. Procedure when a sealed cover containing a Will is opened. —
– When a sealed cover containing a Will is opened, the cover which
contains the depositors superscriptions and the Registrar’s endorsements
shall be preserved carefully or a record maintained as to its disposal.
CHAPTER XVI
Endorsements and Certificates
94. Manner of endorsing and certifying by Registering Officer. –
— (i) The endorsement prescribed by Sections 52 and 58 and the certificate
prescribed by Section 60 shall be written or impressed with rubber stamps
supplied by the Department by the Registering Officer himself in forms
prescribed in Schedule B or as near thereto as the circumstances permit.
(ii) Form of Presentation Endorsement. —- The Registering Officer
shall make endorsement as required by Section 52 either by writing or
impressing it on every document presented to him for registration in Form
No. 1 of Schedule B.
1[(iii) x x x x x.]
(iv) Procedure on admission of document to registration. —- If a
Registering Officer does not, on the face of it, see any objection to accepting
a document for registration, he shall proceed with the inquiry under
Section 34 and if the document is admitted to registration, the endorsement
under Section 58 and the certificate under Section 60 shall be made
2[x x x x x].
(v) The endorsement rubber stamps referred to in clause (i) shall be
retained in the personal custody of the Registering Officer and when not in
use shall be kept in a sealed bag. The impressions on documents shall be
made, the endorsements and certificates shall be signed, and the blank
spaces therein filled in by the Registering Officer in his own hand.
95. Language to be used by an executing party in signing. —–
An executing party shall be required to use the same language in signing
the endorsement of admission of execution as he had used in signing the
instrument. 96. Language to be used by Registering Officers for endorsing
on documents. —- All Registering Officers shall endorse English
documents in English and documents in the language of the sub-district in
the language of the sub-district as far as possible. When, however, a
document written in a language other than of the sub-district is presented
for language recognized in the sub-district.
97. Using a separate slip for endorsement, etc., by the
Registering Officer. —- If there is not sufficient blank space in the
instrument for the endorsements and certificate, they may be entered on a
separate slip or sheet of paper which shall be attached to the document,
and a note of the fact shall be made on the document itself and signed by
the Registering Officer.
98. Endorsement by the Registering Officer on each sheet when
the document is of more than one sheet. —- When a document occupies
more than one sheet of paper, the number of the document of which the
sheet forms a part, the total number of sheets of which the document
consists, the number of the sheets and the signature of the Registering
Officer shall be endorsed on each sheet.
99. Form of endorsement of the Registering Officer when the
executant is a gosha lady. —– When a executant is gosha lady and is
examined through a female attendant, a special form of endorsement as
follows shall be made by the Registering Officer and the signature of the
female attendant shall be obtained on the document as a witness after the
Registering Officer has recorded a brief deposition from her with reference
to the duty she has performed.
“Identified, by inspection behind the purdah, by A.B. (Signature
with addition) who is her (relationship to be stated) and by C.D. Signature
with addition…………..”.
The entry “identified by” shall be ;made by the Registering
Officer above the signature of witnesses examined for purposes of
identification, and the entry “witnesses examined” above the signature of
witnesses who are examined for any purposes.
100. Endorsement of the Registering Officer when the executant
is a guardian. —- When a document is executed by person as a guardian or
an agent he shall be described as such in the admission endorsement made
by the Registering Officer.
101. Procedure when a person executes both for himself and as an
agent, etc. —- (i) When a person executes a document both for himself and
as agent or guardian of a minor, an idiot, or a lunatic, the registration
endorsement shall contain two distinct signatures, one for admission of
execution by the person himself and the other for admission as agent or
guardian. (ii) When there are more persons than one under the guardianship
of a single person, the registration endorsement need contain only one
signature on behalf of all such persons, but all their names shall be
specified.
102. Presentation and admission of execution of a document by a
Power-of-Attorney. — (i) When the presentation and the admission of
execution of a document are made by an agent under a power-of-attorney,
reference to the authority under which the agent acts shall be given in the
endorsement of admission of execution, the fact that the presenting party is
an agent being entered after his signature bellow the endorsement of
presentation.
(ii) The endorsement of presentation made on a document
presented under Rule 40(ii) shall mention the number and date of the
covering letter with which it is presented and the designation of the
Government Officer or other person concerned.
103. Payment of consideration mentioned in the document. —-
(i) When the amount of consideration mentioned in a document presented
for registration is paid before the Registering Officer, the signatures of the
payer and of payee shall be obtained below the endorsement of payment.
(ii) When the consideration is paid before the Registering Officer
in currency notes and any party to the transaction desire that the numbers
of the notes shall be noted in the endorsement, the request shall be
complied with.
(iii) When money is paid on behalf of the claimant by his agent,
messenger or servant, the words “on behalf of the claimant” with the name
of the claimant shall be added after the name of the payer in the
endorsement.
(iv) The Registering Officer shall not endorse an admission of
receipt of consideration unless the admission is voluntarily made.
(v) If a person executing a document admits that he has executed
it but dentes receipt of consideration either in whole or in part, the
Registering Officer shall not refuse to register the document on that
account but he shall make a note of such denial in the endorsement.
(vi) In cases where the document recites that a payment is to be
made in the presence of the Registering Officer but no such payment is
made of the payment made does not agree with the recitals of the deed, the
Registering Officer should question the executant and note the result in the
endorsement. The record of such enquiry should be brief and
unambiguous but such as would remove the apparent discrepancy in the
recitals of the deed and the payment actually made before the Registering
Officer. 104. Certificate under Section 60. —- The Certificate under Section
60 shall be added by the Registering Officer only after the document has
bee copied and the entry compared.
105. Endorsement when a document is presented in duplicate. —-
(i) In the case of a document presented for registration in
duplicate or triplicate, the duplicate and triplicate shall be
examined with the original and shall bear the following
additional endorsement. —-
Duplicate (or triplicate).
Difference between the original and the duplicate
(or triplicate).
Interlineations, blanks, alterations and erasures in this.
Compared by:
Reader:
Examiner:
Date: Signature of Registering officer.
A note shall also be entered on the original as regards the number of
copies registered with the original.
(ii) In entering notes of interlineations, blanks, alterations and
erasures on the duplicate and triplicate, the particular letter or word or
figure interlined, altered or erased shall be specified, e.g., “in line 12, the
word “currency” interlined”; “letter ‘a’ or figure ‘2’ altered”; “in line 10,
the word ‘money’ erased” and so on.
When an erased letter or word cannot be deciphered, the note
shall run as follows. —-
“A word occurring after ‘the’ in line 5 erased.”
(iii) Each the duplicate or triplicate of a document presented for
registration shall bear the same endorsement as the original document and
the same registration number. The certificate of registration on the original
and on the duplicate or triplicate shall mention all the pages of the volume
occupied by the entries which relate to the original.
106. Endorsement on a document partially registered. — A
document which is partially registered as regards some of its executants
and refused as regards others shall have two distinct endorsements, the
one of admission signed by such of the executants as admit execution, and
the other of refusal being written below the seal and signature affixed to
the certificate of partial registration and signed and dated by the
Registering Officer. 107. Endorsement on a document execution of which is denied. —-
The signature of witnesses examined in the course of an enquiry before a
Registrar under Section 74, whether in reference to an appeal case or as
regards a document the execution of which has been denied before him,
need not be endorsed on the document in respect of which the inquiry is
made.
108. Endorsement on a document registered under Section 74. —-
When a document is registered by a Registrar after enquiry under Section
74, the following note shall be endorsed on it, in lieu of the endorsement of
admission of execution. —
“I am satisfied from the evidence adduced in the inquiry held under
Section 74 of the Registration Act, that the document was executed by A.B.
Date: Signature of Registrar “
109. Endorsement on a document presented by an order of
Registrar or Court. —- An endorsement made on a document re-presented
for registration under an order of Registrar or a Court shall quote the
number and date of the order under which it is re-presented.
CHAPTER XVII
Receipts for Documents and for the Fees and Return of Documents
110. Receipts for documents and fore fees and return of
documents. — (i) A receipt shall be granted for each document presented
for registration, for each power-of-attorney presented for authentication
and for each sealed cover deposited and for every fee or fine levied by a
Registering Officer in Form No. 15 of Schedule A.
(ii) A Registering Officer visiting a private residence or jail under the
proviso to Section 31, sub-section (3) or sub-Section (2) of Section 38, as the
case may be, on being paid his traveling expenses shall pass a similar
receipt.
1[(iii) When the fees consist of several items, each item shall be
entered in the duplicate receipts by using double side pencil carbon paper.
In the case of copying fee, the number of words shall be entered and in the
case of kilometerage, the number kilometers. The original receipt shall be
issued to the party and duplicate shall be retained.]
1. Clause (iii) substituted by Notification No. RD 41 ESR 83, dated 6-11-1986, w.e.f. 1-2-1987. 111. Persons to whom receipt shall be handed. — (i) The receipt for
a document shall be handed to the person presenting the document or to
his nominee, after obtaining in the counterfoil the signature of presentant
to the endorsement of nomination, 1[x x x x x.]
(ii) The probable date on which a document will be 2[sent by
registered post] shall be written on the receipt.
(iii) As far as possible the document shall be returned 3[by post]
on the date of its admission to registration.
4[112. Procedure for obtaining a registered documents. —
(i) All the documents registered or when registration
refused shall be sent invariably by registered post
acknowledgement due to the presentant or his
nominee. The postal charges along with stationery
expenses 0-50 ps. In this behalf shall be levied in
addition to the registration and other miscellaneous;
(ii) When the registration or refusal procedure is
completed, the Registering Officer shall dispatch the
document under registered post acknowledgement
due to the address of the presentant or his nominee as
specified in the document or furnished in the
counterfoil of the receipt as the case may be and he
shall note the above fact on the counterfoil. The postal
receipt shall be pasted on the back of the counterfoil.
The postal acknowledgement shall be filed serially in a
separate file known as ‘Postal Acknowledgement File’;
(iii) If the document is returned undelivered it shall be
entered in the Register of unclaimed documents after
following the procedure under Rule 221. An extra fee
at the rate prescribed under Article XXIX shall be
leviable before such document can be delivered to him;
(iv) The amount paid on postage be included in the receipt;
(v) The registered or refused document shall be sent
by a specially manufacture cover supplied
by the Government Press;
(vi) In case the presentant or his nominee desires to take
back the registered document in person, he shall
express his desire in writing at the time of
presentation and the presentant or his nominee shall
produce the receipt to the Registering Officer, who
shall thereupon obtain his signature on the counterfoil
and
1. The words “and also the signature of nominee if he can write, for the purpose
of comparison when the nominee appears to take back the documents”
omitted by GSR 33, dated 16-7-1985, w.e.f. 15-10-1986.
2. Substituted for the words “ready for delivery” by GSR 33, dated 16-07-1986,
w.e.f. 16-10-1986.
3. Added by GSR 33, dated 16-7-1985, w.e.f. 15-10-
4. Rule 112 substituted by GSR 33, dated 16-7-1985, w.e.f 15-10-1986.1986 return both the document and the receipt after endorsing
on the letter regarding the delivery of the documtent.]
113. Procedure on loss of receipt. —- In the event of a receipt being
lost, the person who should have produced it may receive the document
on making and signing on the counterfoil a declaration of the loss and, if
required by the Registering Officer, affixing his thumb impression thereof.
114. Revocation of nomination. —– 1[(1)] When a nominee fails to
take back a document within seven days from the date noted on the receipt
as that on which it will be ready for delivery, the nomination may be
revoked by the person by whom it was made, by an entry signed by him to
that effect in the counterfoil or by letter.
2[(2) The nomination to send the document by post may be revoked
by the person by whom it was made by a letter addressed to the
Registering Officer. This request may be complied by the Registering
Officer it the document is not already sent by post.]
115. Objection to the return of a document, when to prevail. —-
When a party to a document objects to its being retuned to a person in
whose favour the receipt has been drawn up, the objection shall not be
allowed to prevail, unless such party can satisfy the Registering Officer
that he has applied to a competent Court for an injunction to restrain the
Registering Officer from returning the document.
116. Registration of an impounded document after adjudication of
stamp duty.—- When an impounded document is received back from the
Deputy commissioner after adjudication of stamp duty, the Registering
Officer shall immediately give notice in writing to the presentant or to the
person authorised by the presentatn either to take steps to complete the
registration of the document or to take delivery of the document.
117. Granting of a receipt after attending at a private residence. —-
When proceeding to attend at a private residence the receipt
book shall not be taken by the Registering Officer, but the
requisite receipt may be detached from the counterfoil for issue
to the party concerned, the entries in the counterfoil being
made after return of the Registering Officer to his office. In
such case nay nomination to take delivery of a document shall
be obtained on slip which shall be initialed and dated by the
Registering Officer and pasted on to the counterfoil.
3[118. Return of documents after registration. —- x x x x x.]
CHAPTER XVIII
Register Books
119. Maintenance of registers. — The register shall be maintained in
accordance with such instructions as the Inspector General of Registration
may from time to time prescribe, provided that no erasure shall be
permitted and that every page shall contain a uniform number of lines.
1. Rule 114 renumbered as sub-rule (1) thereof by GSR 33, dated 16-07-1985, w.e.f. 15-10-
1986.
2. Sub-rule(2) inserted by GSR 33, dated 16-07-1986, w.e.f. 15-10-1986.
3. Rule 118 deleted by GSR 33, dated 16-07-1985, w.e.f. 15-10-1986.120. Procedure of making entry of a registered document. — (i)
Every entry of a registered document shall be an exact copy of the original.
Any interlineation, blank, erasure or alteration in a document presented for
registration and in the endorsements made on it shall be copied into the
Register book exactly as they appear in the document and in the
endorsements. Notes explaining such interlineations, blanks, erasures or
alterations shall be written at the end of the copy, before giving a true copy
certificate, in the following manner, namely. —-
(a) in the case of an interlineation or alteration a single mark
‘X’ in red ink shall be made over it.
(b) in the case of an erasure or blank two marks “XX” in red
ink, once at each end of such erasure or blank shall
be made .
All such notes shall be classified in the manner as in Rule 122, the
letters (a), (b), (c), (d), etc., being assigned in red ink, instead of numbering
as (1), (2), (3), (4), etc.,
(ii) The same procedure shall be adopted in the case of copies
granted under Section 57 or those forwarded under Sections 65, 66 and 67.
The interlineations, blanks and erasures made at the time of preparing
such copy shall be bracketed in red ink and attested by the Registering
Officer on each side consecutively numbered in Roman figures, i,e., I, II, III,
IV, etc., and classified in the same manner as in Rule. 122.
(iii) If the copy of a document occupies more than once page of a
Register Book, the endorsements on the document shall be copied once
only, with the exception of the serial number, which shall be repeated on
every page. The endorsements shall in no case be copied alongside of the
copy of any document other than that to which they relate. If in the case of
any document copies of the endorsements in Column 2 of a Register book
extend lower down than the space occupied by the copy of the document
in the column in which the document is copied, the blank space left in the
last named column shall be cancelled by cross lines in ink being drawn
over it.
121. Procedure of registration of a document presented in
duplicate. —- (i) When a document is presented for registration in
duplicate or triplicate, it shall not be necessary to enter the document more
than once in the Register book.
(ii) When a document admitted to registration is being copied in the
appropriate Register Book as required by Section 52, the value of the stamp
and the stamp vendors endorsement shall be transcribed at the beginning
of the copy in such book and also in the copies prepared under Sections 64
to 67. (iii) In Books I and IV a reference to any previous registration
relating to the same property shall be noted if it appears on the document,
or if the previous registration can be readily traced from the number or
date mentioned by the parties.
122. Comparing and attestation of entries in Register Books
endorsements of copying, reading and comparing, how to be made,
manner of nothing and attesting interlineations, etc., — (i) When the copy
in a Register book has been completed, it shall be carefully compared with
the original and the copyist, the reader and the comparer shall respectively
endorse below the copy the words “copied by me”, “read by me” and
“compared by me” and shall attach respective signature thereto.
(ii) The Registering Officer shall then certify under his signature that
it is a true copy.
(iii) All interlineations blanks and erasures made at the time of
copying shall be bracketed in red ink, attested by the Registering Officer on
each side, consecutively numbered in red ink, and classified under the
categories (a) Interlineations, (b) Blanks and (c) Erasures.
(iv) The form of certificate shall be as follows. —-
“True Copy”
No. of corrections: 8 (eight);
(1) and (7) Interlineations; (2), (3) and (6) Blanks;
(4) and (8) Erasures; (5) Alteration.
(Initials of the Registering Officer).
(Signed) A. B.
Registered Officer.
123. Cancellation, etc, of a registered document. —- (i) On the
registration of a document which revokes or cancels or rectifies an error,
in, or modifies the terms of a document previously registered in the same
class or Register book or of a return of lands acquired under the Land
Acquisition Act or of a document received and filed under Section 89 (vide
Rule 17), or on the receipt of a communication from a Revenue Officer of
from a Court which intimates a similar revocations, cancellation,
rectification or modification, a note shall be entered at the foot of the entry
of the latter document of communication as under.—
“This Document/Communication revokes (cancels, rectifies or
modifes) Document No. of ……. Copied/the document filed/ the return
filed at pages ….. Volume of book/supplement to Book No. 1. (Part)/file
book ……………… and at the foot of the previous entry or of the document
previously registered or filed a note shall be entered as shown below.—-
This document/return has been revoked (cancelled, rectified or
modified by Document No………. of ………… copied/the document
filed/ the return filed at pages……. Volume of book/ supplement to Book
No.1(part)/file book,” (ii) When the revocation, cancellation rectification or modification is
of a document relating to immovable property, a corresponding note shall
also be entered in Index No. II and when it relates to the rectification of any
particular item entered Index, I,II,III or IV, a note of rectification shall also
be entered in the respective index against the particular item rectified.
124. Attestation of a note in case of forged documents.—-If a
registered document is declared by a Court to be forgery or to have been
registered under an admission made by a person who falsely personated
the executant, a note calling attention to the fact shall be entered at the foot
of the entry in the register, and when practicable on the document.
CHPUTER XIX
Indexes
125. Manner of preparing indexes.— (i) Indexes Nos. I,II, III and IV
shall be prepared in English in the offices of all Registrars and in Kannada
in the offices of Sub-Registrars in Form Numbers 16to 19 of Schedule A
respectively. They must be written in alphabetical order, a certain number
of pages being set apart for each letter. The Registering officer should
examine and compare the indexes and see that they contain no errors.
1[xxxxx].—
“Certified that I have examined and compared the Indexes
I/II/III/IV of the year ……….. and found them to be correct and without
omissions.”
Date: Signature of Registering officer.
In Index I the entries will be in the order of the initial letters of the names
of the executants and claimants, and in the case of certified copies of the Court
decrees, the names of the plaintiffs and defendants. In Index III the entries will
be in order of the initial letters of the names of the executants and the names of
the claimants have to be indexed with reference to their initial letters only after
the death of the executants. A document executed under the authority of a
power-of-attorney shall be indexed in the names of the principal and attorney
both, and a document executed by a guardian on behalf of a minor in the names
on the minor and guardian both. In the case of certificates of Sale, Index No. I
shall be prepared in the name of the judgment-debtor. Special care must be taken
to fill in such particulars as are required by the Act as to the “addition” of the
executant and claimant.
(ii) If a Will contains no express declaration regarding appointment on
guardian or executor there under, in preparing Index No. III, ”none named” will
be written in Column 3 and Column 4 left blank. If a Will directs that claimant
there under shall also be executor or one of the executors Columns 3and 4 shall
be filled and on the Registering officer subsequently hearing executants death,
the name, and place of residence of such executor-claimant will again appear in
Columns 5 and 6 of the same index entry. The Registering officer is not required to take initiative in ascertaining whether any executant (Testator) is dead. The
onus of proving to the satisfaction of the Registering Officer, that any such
(Testator) is dead rests upon the person who on the strength of that statement
applies for a copy of the Will. In cases, in which the death on the executant will
remain unknown Columns 5,6 ND 8 of Index Mo. III must remain unfilled in
respect thereof.
126. Transliteration of Indian names in preparing indexes.— In
preparing indexes in English, the transliteration of Indian names of persons and
places, shall be regulated by the transliteration table in Schedule C and the
following rules in indexing it must be borne in mind that the initial letters are of
special importance.
1. The words “the token of this be should give the following certificate at the end of the last
volume of each Year” omitted by Karnataka Registration (Amendment) Rules, 1971.
(i) All proper names when given in the document shall be entered in the
index in full and not with the initials only. Thus John Brown must not be indexed
as J. Brown nor Tota Venkanna as T. Venkanna.
(ii) If a person is known under two different names each shall be indexed.
Thus Syed Husen alias Nannaya Mian shall be indexed first as Syed Husen, and
then as Nannaya Mian.
(iii) English names shall be indexed with reference to the firs letter of the
person’s family name, the Chrestian and any other names which the such as De
Sylva O’ Connel,Van Haeton, shall be considered as single words.
(iv) Telugu names shall be indexed with reference to the first letter of the
person’s house name. This house name is often the name of some village, but not
that of the village or town in which the person is residing. Affixes and prefixes
denoting the rank, occupation or caste of the person such as Maharaja, Raja,
Dhore, Naidu, Reddi, Shetti, Mahant, purohit, Shastri, pantulu, Shroff, Checkli,
Mala, Madiga shall be entered in the column headed, “addition,” as well as the
person’s ordinary places of residence.
(v) In Tamil, Kannada, Marathi and Oriya there are properly speaking mo
house names. Sometimes the person is distinguished by the name of the village
from which he has come, or in which his family resides. IN other cases he
prefixes the name of his father or grandfather. The indexing must therefore be
regulated by the initial letter of the person’s proper name, his village name, or
his father’s name being entered under the head of “addition”, together with the
person’s ordinary place of residence, and any affix or prefix denoting rank,
occupation or caste, etc., such as Iyenger Modali, Pille, in Tamil; Achari, Rao,Bhat,
Shanbhoga in Kannada; Bissoyi- Putro, Putanaik, in Marathi; Swahi, Guntayet, in
Oriya. (vi) In Malayalam, the names of Nairs, Nambudiris and Ters shall bi
indexed with reference to the initial letter of the person’s family name. The other
castes have usually no house names, and whenever this is the case,the indexing
must proceed on the principle laid down in the preceding paragraph. All castestetles such as Puttur Nair, Mennon, Nambudiri Mupen, shall be entered in the
column headed “addition.”
(vii) Mahonedans have no housi or family names. Syed of Mir indicates
that the person is by birth a Syed; Sheik or Ghulam, that he is a Sheik; Mirza Beg,
Aga, that he is a Mogul, Khan, that he is a Pattan; Shariff, that his father is a
Sheik, and his mother a Saidani. Female surnames for Saidanis or Begum, Bidi or
Bi Nissa and Shah; for Moghulanis, khanam; for Pattanis, khatoon or Bnu; the
indexing shall, therefore, be regulated by the initial letter of the person’s proper
name, such as Husen, Hyder, Kader and not any of the above affixes or prefixes.
These must be entered in column headed, “addition” with the person’s address
and any affixes of prefixes, the nature of titles of indicating the trade or
occupation of the person, such as Nawab, Haji,Mulla, Subedar, Soudaghar,
Nalband, Kasayi, Sheb Meyan and Jan are loving titles geven by parents, but as
they often supersede the true names, they must not be ignored. Mohamedans are
sometimes distinguished by the name of some Hindu village, or of the office
which they bear in the village as Reddi. Any particulars, of this nature shall be
entered in the column headed “addition”. Mohamedan names often appear in a
corrupt form, when transliterated into Hindu vernacular languages, Fatima Bi,
being changed to in Bathma Bi, or Pathima Bi, Numir Khan into Zumir Khan, etc.
The use of this corrupted form should be avoided as far as possible.
(viii) The indexing of names in languages which are in general use in the
State of Karnataka or for which no special rules are provided, such as Oreya
Gujarathi, Parsi, Tulu, Khond, etc., shall proceed on the same general principles
as have been laid down for the other languages.
(ix) The names of Indian Christians who have Christian names and family
names shall be indexed in the same manner as English names. Sometimes
however, an Indian Christian has no family name, and prefixes his father’s
Christian name to his own, as Anthony Lazur, i.e., Lazur son Anthony, or the
name of village as Mylapur Lazur, i.e, Lazur, of Mylapur,. In other cases,
a Hindu caste title is suffixed to one or more names, as David Solomon Pille, in
which the proper names is Solomon, David is the father’s name, and Pille is caste
title. In these and all similar caste, the names must be indexed in the same
manner as Hindu names.
(x) The names of Indian women shall be indexed with reference to the
initial letter of their proper name, and the column headed “addition” shall
contain the women’s address, the name of her husband, father or guardian and
such other particulars as may be necessary to identify her. (xi) When an instrument is executed on behalf of a corporation, company,
bank, firm or other body by a Secretary, Director Treasurer, Trustee, Agent or
other person authorised to appear and act as its representatives, the indexing
shall be regulated by the initial letter of the name of the body represented and
the name of the representing party shall be entered in the column head
”addition”.
(xii) All instruments executed by or on behalf of Government shall be
indexed under “Government” in English and “Sarkara” in Kannada and the
designation lf the officer representing Government shall be entered in the
column head “addition” One or more pages shall be specially set aside for these
entries.
(xiii) When two persons bearing the same name are commonly
distinguished by such additions as Senior, Junior, Pedda, Chinna, Bada, Chota,
Dodda, Chikka, these shall be entered in the column headed “addition”
(xiv) When English names commencing with the letter W, have to be
indexed in the vernacular language in which there is no W, such names shall be
entered under the letter V (ÀÐ ) if the W, is pronounced, and if it is silent
under the first letter which is pronounced. Thus Wilson will be entered under V
ÁÃú¹ý Wray under R, as ¤ÙÓ, Wright under R, as ¤ÙÚªý
127. Indexes relating to towns, etc.—- (i) In Index II the entries will be
made in the alphabetical order of the name of the town, kasaba or village in
which the property is situated. In the case of large towns, separate sheets shall be
used for each municipal division, ward, quarter or street. The Registrar shall in
his discretion fix the towns in his district which shall be considered large towns
for the purposes of this rule. The Survey, Municipal or Khaneshumari number of
the property should be shown against the same in a separate column to be
provided for in Index No, II.
(ii) Where City Survey is in force an additional index No. II shall be
prepared in the special card form, namely Part II of Form No. 17-A (Part II) of
Schedule A a separate card being used for each city surveyed property.
128. Description of property in indexes. —– The column headed “name
and description of property” should not contain all the particulars stated in the
register, but a brief description sufficient to admit of the property being at once
identified by searching the books. If the property has a special name, it should
always be given in the index.
129. Indexes of properties situated in different towns, etc. —- If the
property described in the instruments consists of lands or houses situated in
different towns of villages, it must be separately indexed under the name of each
town or village. 130. Indexes of properties situated in different districts, etc. —– If the
property described in the instruments consists of land or house situated in more
districts of, sub-districts than one, thereby necessitating the transmission of
copies or memoranda under Sections 64, 65, 66 and 67, each Registering Officer
shall index that portion only of the property which is situated in his own district
or sub-district.
131. Indexes of properties situated indifferent suburbs. —- If the
property is situated in a suburb on hamlet, which ‘for revenue purposes’ is
treated as forming a portion of some town or village indexing shall be regulated
by the initial letter of the town or village and not of the suburb or hamlet.
132. Index relating to the appearance of executants. —– When the
executants of a document appear at different times, the date of each appearance
must be specified in indexes II and IV, in the remarks column.
133. Indexes showing transactions affecting each survey number, etc. —
– In district and sub-districts to which a rule made by the Government under
Section 22(1) is applicable, Registering Officer shall maintain a subsidiary index
to index No. II in Form No. 21 of Schedule A, in order to show at a glance all
transactions affecting each survey number or sub-division.
134. Indexes of names of executants. —– An alphabetical index to the
names of persons purporting to be executants of documents entered in Book 5
shall be affixed to that Register book.
CHAPTER XX
Inspection, Searches and Grant of Certified Copies
135. All applications to be in writing 1[x x x x x] and to be numbered
and filed. —- (i) All applications for copies, searches, inspections or for any other
purposes required to be made under the Act or these rules shall be made in
writing to a Registering Officer and every such application shall be numbered
serially according to the financial year and filed by the Registering Officer.
2[(ii) x x x x x.]
136. Inspection of documents. —- There is no provision in the Act
empowering a Registering Officer to give copies or allow inspection of
documents tendered for registration before they are registered. The documents
themselves are private documents and there is no statutory right of inspection of
these.
137. Application for searches. —– (i) A search fee on an application for
search only whether containing the year of registration or not should invariably
be levied. (ii) When an application for a search is tendered or received by post to a
Registering Officer the applicant should invariably be required to deposit the
search fee in advance.
When an application for a copy is tendered or received by post the
applicant should be required to deposit in advance an amount sufficient to cover
the search fee for the whole period mentioned in the application. If after search
the Registering Officer finds that the deposit is not sufficient to cover the fee for
the copy to be granted, the party should be asked to send the same in advance
before ordering the grant of the copy.
If the search unsuccessful either in case of application for search or
copy, the search fee should be credited to Government and a receipt in Form No.
15 of Schedule A, should be issued. The postal and other incidental charges
should be recovered in advance wherever necessary in the same manner as
stated in 1[Rule 112.]
(iii) If an applicant declines to pay the fees as above, his application
should be endorsed accordingly and filed in the office.
(iv) In case of an application for copy, when an entry is traced but the
particulars given slightly differ from those found in the Register book (i.e., there
is some difference in names of executants or claimants or in consideration
amount, etc.) the Registering Officers should enquire (orally or by post) whether
the party wants a copy of the entry traced pointing the difference and keep the
application pending for a specified period. If the applicant then asks for the copy
of the deed traced, it should be supplied. If no reply or negative reply is received
within the time given, the Registering Officer should treat it as an application for
search and should recover search fee.
(v) Certified copies of registered documents should always be furnished
within three days from the date of ordering the grant of copy. The cause of
delay, when it exceeds the above limits, should be noted on the application.
[
138. Form of application for copies, searches, inspections. —– (i) As
far as possible, the parties should be advised to present their applications for
copies, searches or inspections on the printed Form No. 22 of Schedule A, which
may be supplied grantee. The application either typewritten or manuscript can
also be submitted in the prescribed form.
(ii) All applications shall be numbered serially for the financial year.
(iii) A register in Form No. 23 of Schedule A, should be kept in every
office. In this register the applications or receipt should be entered in serial
order.
(iv) When an application for copy is presented personally and the fees
are paid, the date on which the copy will be ready for delivery and the serial
number of application should be endorsed on the receipt and on the counterfoil.
In other cases only the serial number of application should be given. 139. Register of fees paid. etc. —– (i) A register of fees paid or of
deposit or payment in lumpsum made by applicants either personally or by
Money Order on account of searches and copies should be maintained in Form
No. 24 of Schedule A in every office.
(ii) Where amount advance is received by Money Order no Kachha
receipt for it need be sent to the applicant. Where, however, a lumpsum is
tendered personally in advance a kachha receipt in Form No. 15 of Schedule A,
should be given to the party unless the search for copy can be made at once and
exact fees levied, in which case a pucca receipt only for the exact fees including
postage, if any, should be given to the party and the balance returned without
keeping any account for the advance in the Register. In the former case however,
a pucca receipt with details of fees levied will be given when the case is
completed. The proper fee will then be credited to Government and the balance,
if any, returned to the party. Where such amount is sent by post, the pucca
receipt will be sent along with the copy.
140. Endorsement of the Registering Officer on copies of deeds. —-
The Registering Officer should record endorsement in Form No. 14 of Schedule
B, on copies of deeds granted under Section 57 below the “True copy” certificate.
141. Forwardal of copies by post. —– The copies can be sent by
registered post on payment, the postal charges must be prepaid and will be
credited to Government along with the copying fees, etc., and the copies will be
sent under service postage stamps.
142. Grant of a copy of registered documents. —– A copy of a
registered instrument can neither be given on unstamped paper to an insolvent
nor without payment of usual fee for copy.
143. Levy of fees for grant of certified copies. —– Where certified
copies of documents on printed forms are granted, fees should levied as under. —

(i) Copying fee at the rate prescribed in Article XIII of the Fee Table for
the manuscript matter, which will be written in office on printed form;
(ii) Comparing fee as prescribed in Article XIV of the Fee Table.
144. Grant of copies of deeds in Book No. 4. —- Copies of deeds in
Book No. 4 cannot be granted to person interested in the deeds in any way other
than as agents or representatives of the parties to the deed.
145. Protests against registration of documents. —- The Registering
Officer should not entertain any petition protesting against registration of a
document, Such petitions when insisted should be received and returned
immediately with an appropriate endorsement and no record should be kept in
the office. Since these petitions are not to be filed, their copies cannot be granted. 146. Application for making a search. —- (i) The fee for a search shall
entitle the applicant to read the entry for the finding of which the fee has been
paid, or to have it read to him; but it shall not entitle him to take either a copy of
the entry or any written note thereof except a note of its number and date on a
slate for subsequent transcription on paper. If a search proves fruitless, the fee
shall not be refunded, but the applicant may, if he so desires, be granted a
certificate stating that the entry sought for has not been found in the books.
(ii) When an application for a search is presented and the requisite fees
have been paid, the Registering Officer shall enquire whether the applicant will
himself make the search or desires that it should be made by the office
establishment. When a clerk is deputed to make the search, the name of the clerk
deputed shall be noted on the application. As soon as the search is completed
the result or a reference to the certificate of encumbrance showing the result shall
be noted on the application by the clerk and signed under sub-rule (i) above, a
note shall be made on the application to the effect that this has been done and,
when the applicant does not require a copy of such entry, this fact shall also be
noted on the application and the signature of the applicant obtained thereto. A
copy of an entry shall not be made from any book until the Registering Officer
has scrutinised the entry generally.
147. Affixation of Court fee stamps on application for inspection, etc.
—- Inspection, search applications and copy applications need not be stamped
with Court fee stamps.
Certificate of encumbrance
148. Certificate of encumbrance. —- When an application is made for a
search for encumbrances in respect of any immovable property or for a list of
documents executed by or in favour of a single individual, and the applicant
desires that a certificate of encumbrance or a list of documents found in the
course of such search should be furnished to him by the Registering Officer, the
request shall be complied with, the certificates of list being In Form Numbers 15
to 17 of Schedule B, as the case may be.
149. Particulars to be shown in the certificate of encumbrance. —- In
the case of searches, for a list of documents executed by, or in favour of a
particular individual, the list shall show the number, date, nature and value of
the several documents found, as well as the names of the parties and the villages
in which property affected, if any, is situated; but no description of the properties
affected, by the document should be given as in the case of encumbrance
certificate on properties. The list shall not include particulars of documents
registered in Register Books 3 and 4 unless the applicant is entitled to copies of
the entries. 150. Language of the certificates of encumbrance. —- A certificate of
encumbrance granted by a Registrar by a Sub-Registrar shall be in the language
in which the indexes of his office are prepared. If the indexes are not in English
but the party requires the certificate to be prepared in English, the request may
be complied with as far as possible.
151. Contents of the certificate of encumbrance. —- A certificate of
encumbrance shall contain a complete list of all acts and encumbrances affecting
the property in question.
152. Certificate on encumbrance in case of records of more then one
office. —- In the case of a search make in the records of more than one office, the
various certificates prepared in the different offices shall be granted to the party
and not a consolidated certificate by the officer to whom the application was
made in the first instance. An officer who makes a search at the request of
another officer shall therefore furnish a certificate in duplicate.
153. Preparation of the certificate of encumbrance.—- (i) Searches for
certificates of encumbrance shall, as a rule, be made by two persons
independently of each other, so that the results obtained by one may be
compared and verified with those obtained by the other.
(ii) When a party himself makes the search he should be required to
furnish a signed note of the results of the search and the results should be
verified by a member of the office establishment.
154. Filing of certificate of encumbrance.—- A copy shall be retained of
each encumbrance certificate issued from an office and shall be filed in a separate
file book in which the various certificates will be numbered consecutively in a
separate series for each financial year.
The notes furnished by parties containing the results of searches
conducted by themselves and the duplicate of the certificates received from other
offices under Rule 153 shall be filed with the office copy of the encumbrance
certificate concerned.
155. Production of Register books in Court.— The Karnataka High Court
Circular R.O.C. No.1402/63, dated 29th August, 1963, requires Courts not to call
for originals of records when certified copies of them can be put in at the hearing
of case and will serve the purpose for which the records are required. It is,
however, the function of the Court to decide whether a document is a public
document and whether the original should be called for, and, therefore,
whenever the original permanent records such as Register Books, are required to
be produced in original by a Court, they should be so produced. The District
Registrar, while forwarding the summons to the Registering Officer, should
permit him to do so; but the Registering Officer, should, when producing the
document, invite the attention of the Court to the provisions of Section 77 of the Indian Evidence Act, 1872, and the said High Court Circular and request the
Court to return the original at an early date. He should also, if permitted by the
Court, supply a certified copy of the document for their record. When it is for the
production of Register Book 3 or Register Book 4, or a register of thumb
impressions, the book shall be forwarded in a sealed packet, through a clerk,
with instructions to bring the packet back to the officer unless the Court
considers its detention to be necessary. In cases where they are detained, the
Courts shall be requested to return them similarly in sealed packets. When copy
is forwarded to Court, it shall be sent in a sealed cover addressed by name to the
officer presiding over the Court.
156. Collection of safe custody fees from a Court.—- If safe custody fee is
due to be collected on a document on account of its lying unclaimed in an office
and if such a document or its copy is requisitioned by the Court, on the request
of the party, the safe custody fees will be collected through the Court together
with charges necessary for the production of such document or such copy.
157. Persons through whom records may be sent to Court.— If per chance
there is no clerk available in a registry office, the requisitioned Register books,
etc., may be sent through a permanent menial employee.
CHAPTER XXI
Record of Substance of Statements
158. Recording of evidence.—- Evidence required by a Registering Officer
shall be recorded by himself or by someone appointed under a commission.
159. Administering Oath or Affirmation.—- The oath or affirmation to be
made before a Registering Officer by a deponent shall at his option be in any of
the following forms.—
A. “The evidence which I shall give shall be the truth the whole truth,
and nothing but the truth. So help me God.”
B. “I solemnly affirm in the presence of Almighty God and that what I
shall state, shall be the truth, the whole truth, and nothing but the
truth.”
C. “I affirm that what I shall state, shall be the truth, the whole truth,
and nothing but the truth,”
160. Cases where record of substance of statement may be made.-(i)
When execution is admitted and the endorsement is signed by the party
admitting execution and when witnesses are examined merely with reference to
the identification of the parties appearing, the prescribed endorsement is itself a
sufficient record. A record of the substance of the statements shall, however, be
made in the following cases.— (a) When execution is denied;
(b) When a person admitting execution refuses to sign the
endorsement;
(c) When a person admits execution on protest or with a
reservation;
(d) When an enquiry is held as to the alleged death of an executing
party;
(e) When an enquiry is held as to the right of a person to appear
as the executor, administrator, or heir of a deceased person, or as the
guardian of an infant, or as the curator of an idiot or a lunatic;
(f) When any person is examined as to the age of a party who appears
to be a minor or as to the sanity of a party who appears to be an
idiot or a lunatic;
(g) When an explanation is taken regarding the cause of delay in the
presentation of document or in the appearance of parties;
(h) When the addition of any person, or the description of a property
has to be ascertained owing to the addition or the description not
appearing either in the document or in the endorsement;
(i) When an enquiry is held under Section 41(2) of the Act in respect of
a Will or an authority to adopt presented for registration after the
death of the testator or the donor, as the case may be;
(j) When an enquiry is held under Section 74 as to the fact of the
execution of a document;
(k) When the document recites that a payment is to be made in the
presence of the Registering Officer but no such payment is made or
the payment made does not agree with the recitals of the deed; and
(l) Generally in all cases in which a record may appear necessary.
(ii) All such statements with the exception of those under (i) and (j), which
shall be kept with the record of the enquiry, shall be recorded in a book known
as the “Deposition Book” maintained in each Registration Office.
(iii) Depositions taken by a Registrar or by a Sub- Registrar empowered to
exercise any of the powers of a Registrar, shall be recorded in English and by the
other Sub-Registrars in the language of the Sub- District. (iv) Each witness or party shall be examined separately. The deposition
shall usually be recorded in the first person and when so recorded, the signature
of the person who makes shall be obtained. A certificate shall be appended to
each deposition to the effect that it has been read over or interpreted to the
deponent and acknowledged by him to be correct. The certificate shall be in
English whether the deposition is taken in English or not. The form of the
certificate shall be as follows.—
“The deposition is recorded, read over and interpreted and admitted to be
correct by the deponent.
Sub-Registrar”
(v) At the head of each deposition the serial number of the document
And year to which it pertains be noted.
(vi) The deposition book shall not be carried when a Registering Officer
attends at a private residence. Any statements or deposition which a Registering
Officer may find necessary to take when attending at a private residence shall be
recorded by him in 1[a separate book and on his returning to the office shall
cause it to be copied in deposition book and the copies so made shall be got
examined and also attested by him with the date of attestation.]
1. Substituted for the words “a separate sheet and on his return to the office pasted in the
deposition book” by Karnataka Registration (Amendment) Rules,1971
CHAPTER XXII
Transmission of Memoranda and Copies
161. Forms for taking Memoranda.—(i) Memoranda of registered
document required for transmission under the provisions of Sections 64 to 67
shall be prepared in Form No.25 of Schedule A.
(ii) In hand copying office, copies forwarded under Sections 65 to 67 and
Rule 166 shall be made on loose sheets of Book 1.
162. Memoranda in which office to be made.— The total number of
copies either script or typewritten on thick paper (with plans, if any) with
comparing fee shall be obtained from the party presenting the document and
memoranda required shall be made in the office of the original registration at the
expense of the party presenting the document for registration. They shall be
forwarded after recording the endorsement and certificate thereon with an
intimation in Form No. 26 which shall be returned receipted by the officer to
whom it is addressed.
163. Memoranda, etc, should be pasted. —- The copies and memoranda
and translations received in a Registration Office shall not be given a document
number in that office but shall be pasted into Supplement Book to Register Book
No. 1, Part I, or in the file of translations as the case may be with a filing number
of the year and indexed with reference to the filing number and page of the
volume in which they are filed. 164. Memoranda when a document is registered in duplicate, etc.—-
When a document is registered in duplicate or triplicate, no memorandum or
copy required to be forwarded under Sections 64 to 67 in respect of the duplicate
or triplicate, but the number of copies registered with the original shall be noted
in the remarks column of the memorandum or in the copy below the True Copy
Certificate as the case may be.
165. Corrections in Memoranda. —– When a Registering Officer finds
that a correction is necessary in a copy or memorandum of a document
forwarded by him to another Registering Officer, he shall send an erratum to the
latter, who shall file it in supplement to Book No. 1 Part I, carry out the
correction and add a note on the original explaining the circumstances under
which the correction is made. A reference to the page and volume of
supplements to Book No. 1, Part I in which the erratum has been filed shall be
entered on the original memorandum or copy and the indexes shall also be
corrected accordingly, by re-indexing and giving cross-references in the remarks
column of both the indexes.
166. Copy of Memo or a Decree of a Court. — There is no provision in the
Act under which a copy of a decree or order presented for registration under
Section 29 can be sent to the district in which the property is situate. But since
the very object of registration is to give notice of transaction relating to
properties, a copy or memo has to be sent with the necessary number of copies
together with the comparing and memo fees being recovered from parties
concerned.
CHAPTER XXIII
Errors in Registration
167. Procedure when a document is registered in a wrong Book, etc. —-
(i) If a document has been copied in the wrong Register Book, the Sub-Registrar
must obtain the previous sanction of the District Registrar to make a fresh copy
in the appropriate book. The copy in the wrong Register should be completed
even if the mistake is detected before the copying of the document is completed.
The copy in a appropriate Book will be made from the entry in the wrong
Register for which the document should not be detained pending receipt of the
District Registrar’s sanction but should be returned to the party concerned. The
serial number given to entry in wrong Book will not be cancelled.
(ii) In the Book in which the deed was first erroneously entered, a red ink
footnote should be added to entry showing where, under orders of District
Registrar, it has been recopied and in the Book in which re-copying has taken
place, a red ink footnote also should be added to the entry showing where the
first copy of the deed appears in wrong Book. These footnotes should be signed
by the Registering Officer. The serial number appearing on the copy the wrong
Book should be recopied in the appropriate Book; but a fresh serial number in
sequence of entry in proper Book will be given to the fresh copy. (iii) The copy of deed in the wrong Register will in no way be cancelled by
the Registering Officer. Property in such cases wrongly classified in annual
returns before the mistake is discovered need not be transferred to proper class
in returns of the following year.
(iv) Similarly, index entries in the wrong indexes shall not be cancelled but
entries in the proper indexes shall be made in the sequence of the entry made in
the proper book and cross references given in both the indexes against the
entries.
168. Correction when Memorandum, etc., are in a wrong Book. — In
cases in which copies and memorandum under Sections 64 to 67 had been
forwarded at the time of registration in the wrong Book and in cases in which the
forwarding of such copies and memoranda become necessary for rectifying the
error, the requisite notice of the error in the former and the requisite copies and
memoranda in the later shall be forwarded free of cost.
169. Correction when a document is registered in a wrong office. — (i)
Where by inadvertence a document is registered in a wrong office the
Registering Officer shall inform the executing and claiming parties of the fact
and advise them to apply to the Registrar for a direction under Section 68 for its
registration afresh in the proper office.
(ii) Where the proper office of registration is in a district other than that in
which the office of wrong registration is situated, the application shall be made
to the Registrar of that other district.
(iii) When a directions is so issued to a Sub-Registrar he shall register the
document without the levy of any fee and in the endorsement of presentation
shall refer to the orders of the Registrar.
(iv) The Registering Officer in whose office the document was originally
registered shall in any case forward to the proper office, free of charge, a copy or
a memorandum of the document in accordance with the procedure prescribed by
Sections 64 to 67 and the receiving officer shall file the copy or memorandum in
his supplement to Book 1.
170. Collection when insufficient stamp duty has been paid. —- (i)
When owing to sheer carelessness or ignorance of Stamp Act, A Sub-Registrar
accepts and registers a deed on which insufficient duty has been paid, the loss to
Government may be ordered to be made good by the Sub-Registrar, on the final
orders of the Inspector General of Registration, after which, the deficit items shall
be taken to the prescribed Demand Register.
Proviso. —- If there is a controversy between the Inspecting Officer and
Registering Officer regarding the classification of the document and the stamp
duty leviable, the matter shall be submitted to the Inspector General of
Registration with the relevant authority, rule or case law on the subject and the
inspector General’s orders thereon shall be final. (ii) In cases of neglect in the levy of registration fees, the Inspector General
of Registration, will, while passing final orders on the inspection notes, order, on
the merits of the case, that the deficit in fees should be made good by the SubRegistrar concerned if it cannot be recovered from the parties. The inspectors of
Registration will indicate such cases in their inspection notes for the inspector
General’s orders.
(iii) The under charged fee ordered by the Inspector General to be made
good by the Sub-Registrar at fault should be made good within three months
from the date of receipt of the order before handing over charge of the office on
transfer, whichever is earlier.
(iv) There is no provision under the Stamp Act under which a Registering
Officer can compel or demand the production of an insufficiently stamped
document, for the purpose of impounding it.
An intimation that the document is sufficiently stamped should be given
to the party concerned who should be left to take whatever action he thinks fit.
CHAPTER XXIV
Refusal to Register
171. Reasons for refusal to register. —- When registration is refused, the
reasons for refusal shall be at once recorded in Book 2. They will usually come
under one or more of the heads mentioned below._
(i) Section 19. — that the document is written in a language which the
Registering Officer does not understand and which is not commonly
used in the district, and that if is unaccompanied by a true translation or
a true copy;
(ii) Section 20. — that it contains unattested interlineations, blanks,
erasures, or alterations which in the opinion of the Registering Officer
require to be attested;
(iii) Section 21(1) to (3) and Section 22. —– that the description of the
property is insufficient to identify it or does not contain the
information required by Rule 15;
(iv) Section 21(4). —- that the document is unaccompanied by a copy
or copies of any map or plan which it contains;
(v) Rule 50. —- that the date of execution is not stated in the
document or that the correct date is not ascertainable or altered so
as to make it unascertainable;
(vi) Section 23, 24, 25, 26, 72 ,75 and 77 —- that it is presented after
the prescribed time; (vii) Section 32, 33, 40 and 43. —- that it is presented by a person who
has no right to present it;
(viii) Section 34. —- that the executing parties or their representatives,
assigns, or agents have failed to appear within the prescribed
time;
(ix) Section 34 and 43. —- that the Registering Officer is not satisfied
as to the identity of a person appearing before him who alleges
that he has executed the document or when an executant is not,
identified to the satisfaction of the Registering Officer.
(x) Section 34 and 40. —- that the Registering Officer is not satisfied
as to the right of a person appearing as representative, assignee or
agent, so to appear;
(xi) Section 35. —- that execution is denied by any person purporting
to be an executing party or by his agent;
Note, —- When a Registering Officer is satisfied that an executant is
purposely keeping out of the way with a view to evade registration of document
or has gone to a distant place and is not likely to return to admit execution
within the prescribed time, registration may be refused, the non appearance
being treated as tantamount to denial of execution.
(xii) Section 35. that the person purporting to have executed the
document is a minor, an idiot or a lunatic;
Note. —- When the executant of a document who is examined under a
Commission under Section 38 of the Act is reported by the Commissioner to be
a minor, an idiot or a lunatic, registration may be refused and it is not necessary
that the Registering Officer should personally examine the executant to satisfy
himself as to the existence of the disqualification.
(xiii) Section 35 —- that execution is denied by the representative or
assign of a deceased person by whom the document purports to
have been executed.
Note. —- When some of the representatives of a deceased executant admit
and the others deny execution, the registration of the document shall be refused
in toto, the persons interested being left to apply to the Registrar for an enquiry
info the fact of execution.
(xiv) Sections 35 and 41. —- that the alleged death of a person by
whom the document purports to have been executed has not
been proved; (xv) Section 41. — that the Registering Officer is not satisfied as to
the fact of execution in the case of a Will or of an authority to
adopt presented after the death of the testator of donor;
(xvi) Section 25, 34 and 80. —- that the prescribed fee or fine or fee
under nay other Act to be levied before admitting a document to
registration has not been paid.
172. Refusal of registration when executants appear at different times.
—- When the executants of a document appear at different times, the order of
registration or refusal shall be passed after all the executants have appeared and
admitted or denied execution, as the case may be, unless the maximum time
allowed for the appearance by the Act has expired or unless the presentant
applies for the return of the document unregistered as regards the executant who
failed to appear.
173. Partial refusal. —- When a document is partially registered and
partially refused registration, the refusal shall be endorsed after the document is
registered.
174. Registration of documents executed by Registering Officers. —- A
Sub-Registrar is not authorised by law to refuse to register a document which
has been executed by himself or in his own favour or because he is a party
interested, remotely or indirectly in the transaction to which such document
relates; nor is he authorised to refuse to authenticate or attest a power-ofattorney granted for the registration of such document but he shall always advise
the parties to present such a document or power-of-attorney at some other office.
If the document falls within the category of documents mentioned in Section 28
of the Act, such other office will be the office of the Registrar of the district who
will, as provided in the Table of fees, register such document without charging
the usual extra fee under Section 30(1) of the Act. If the parties, after being
advised as above, insist on the Sub-Registrar’s registering a document or
authenticating or attesting a power in which he is interested, he shall do so, but
shall immediately report the fact for the information of the Registrar to whom he
is subordinate.
This rule should not be understood as authorizing a Registering Officer to
authenticate or attest powers-of-attorney, 1[executed by himself.]
1. Substituted for the word “ ana logically” by Karnataka Registration (Amendment) Rules. 1971. CHAPTER XXV
Appeals and Enquiries
175. Appeal against refusal. —- (i) An appeal under Section 72 or an
application under Section 73 shall be presented in writing to the Registrar of the
district, or to the officer in charge of the Registrar’s office, accompanied by a
copy of the refusal order appealed against and the original document in respect
of which the order was passed.
(ii) When the document is stated to be in the possession of some person
other than the appellant and the latter desires time to obtain and produce it, or
the issue of a summons for its production, the request may be complied with and
the appeal or application admitted pending receipt of the document.
176. Appeal by whom to be preferred. —- (i) An appeal under Section 72
shall be preferred either by the executant or claimant or by the duly authorised
agent of either or them and shall be presented either by the appellant or by a
certificated pleader duly authorised on his behalf by a vakalat attested in the
manner prescribed in the Civil Rules of Practice applicable to Civil Courts or by
an agent holding a power-of-attorney authenticated as laid down in Section 33 of
the Act.
(ii) An application under Section 73 shall be made by any person
claiming under the document or by his agent duly authorised under Section 33
be presented in person by the party or by an agent holding a power-of-attorney
authenticated as aforesaid.
(iii) An appeal or an application shall not be accepted or acted upon if
sent by post.
177. Persons who can appear in an enquiry connected with a Will or
an Authority to adopt. —- In an enquiry connected with a Will or an Authority
to adopt under Section 41(2) or an appeal under Section 72 or an application
under Section 73 or in an original enquiry under Section 74, private vakils or
persons not qualified under the Advocate Act. 1961 (Central Act No. 25 of 1961),
shall not be allowed to appear. Such persons are not, however, debarred from
acting as agents if authorised by a duly authenticated Power-of-attorney.
178. Applications presented without Verification. —- An application
under Section 73 presented by any of the persons mentioned therein within the
prescribed time but without the requisite verification may be returned in view to
its being verified and presented again within a stated time.
179. Procedure of disposing Appeal. —- (i) An applicant in this Rule
shall mean an appellant under Section 72 or a party at whose instance an enquiry
under Section 74 is commenced and shall include subject to provisions of Rule
176, also an agent or a vakil. (ii) On the presentation of an appeal under Section 72 or an application
under Section 73 and in the case of original enquiry under Section 74, a date shall
be fixed for the hearing of the appeal or application or for the enquiry.
(iii) Such date shall be notified to the applicant and also published on the
notice board of the Registrar’s Office.
(iv) Within one week of the date of such publication, the applicant shall
pay the process fee necessary for the issue of notice to opposite party (hereinafter
called the ‘respondent’) and for summons for securing the attendance of
witnesses; provided that the Registrar may extend the time for such payment
from time to time on sufficient cause being shown.
(v) If on the date of hearing. —-
(a) neither party appears, or
(b) the applicant does not appear and the respondent appears and
contests the registration of the document, or
(c) the respondent does not appear and it is found that notice has
not been served upon him in consequence of the failure of the applicant to pay
the requisite fee for such service, the Registrar shall make an order refusing to
direct registration of the document;
Provided that it shall be open to the Registrar to adjourn the enquiry
from time to time for sufficient cause.
(vii) An order refusing to direct registration under this rule shall
be recorded in Book 2.
CASE LAW
Rule 179 —- Scope. —– Nrayanamma v District Registrar and Special
Deputy Commissioner, ILR 1987 Kar. 1064.
180. Endorsement on passing an order. — An order on an appeal
under Section 72 or on an application under Section 73, directing or refusing
registration shall not be endorsed on the document itself but shall, when
registrations is ordered, be recorded separately and filed in a separate file book,
and when registrations is refused, be recorded in Book 2. In either case, a brief
abstract of the order shall be endorsed on the petition of appeal or application
which will be kept with the records of the case. 181. Appeal against refusal to register a Will. — An appeal of
application against an order of refusal to register a Will presented for registration
after the death of the testator may be presented by any executor appointed under
the Will. The Registrar may, after the perusal of the records connected with the
refusal, call for fresh evidence or issue summons to witnesses or remand the case
to the Sub-Registrar for further enquiry.
182. Procedure when refusal based on non-appearance of executants.
—- Where a refusal order is based on the ground that the executant is purposely
keeping out of the way in order to evade registration or has gone of a distant
place and s not likely to return to admit execution and the non-appearance is
treated as tantamount to denial of execution, the application may be accepted by
a Registrar under Section 73, and the fact of execution enquired into as if
execution has been specifically denied.
183. Communication of orders passed. —- (i) All orders passed by a
Registrar under Sections 72, 75 and 76 shall be communicated without delay to
the Sub-Registrar concerned.
(ii) When the office in which a document is ordered to be registered is
different from the office in which it registration was refused, a copy of the order
directing registration shall be sent to both the offices.
184. Registration ordered by the Registrar or a Court. —- When a
document refused registration is ordered to be registered either by a Registrar or
by a Court, a note to the following effect shall be entered in Book No. 2 under the
order originally passed by the Sub-Registrar’s refusing Registration and at the
foot of the copy of Registrar’s order or decree of the Court filed under Rule
18(iii).
“Registered under the orders of the Registrar/Court as No. ……. Of
19 ……… Book ……… Vol. ……….. Pages. ……….”.
185. Maintenance of file of appeal, orders and judgments. —- In
every Registration office, a file designated, “File of appeal orders and
judgments” shall be maintained and in it shall be preserved the following. —-
(i) the final order of the Registrar in appeals, applications and
enquiries when registration is ordered;
(ii) the drafts of the orders of refusal referred to in Rule 187;
(iii) copies of Registrar’s final orders communicated to Sub-Registrars
under Rule 184;
(iv) copies of orders of decrees of Courts filed by parties directing the
registration of documents and copies of orders and decrees received from Courts
canceling the registration of documents; (v) copies of judgments of Criminal Courts, whether they are copies
received from Courts or are copies thereof prepared departmentally;
(iv) the orders of the District Registrars passed on an application under
Sections 25 and 34 regarding delay in presentation and appearance.
186. Order refusing to direct registration. —- When a Registrar refuses
to direct the registration of a document under Section 72 or Section 75, the order
passed by him may be copied in Book No. 2 by a Clerk, the copy so made being
treated as the original and signed by the Registrar himself without the addition
of the words, “true copy”. The Registrar’s draft from which the copy is made
shall be filed in the file of appeal orders and judgments maintained under Rule
186.
187. Order refusing to register for non-appearance of executant. —- In
cases where the refusal order of a Sub-Registrar is based on the ground that the
executant did not appear even after the expiry of the full time allowed. —
(i) If the presentant had taken no steps to enforce the appearance of the
executant, the latter cannot constructively be held to deny execution and the
refusal order falls under sub-section (1) of Section 34 and the appeal under
Section 72;
(ii) If, however, such steps have been taken and processes issued,
although abortively, the non-appearance is tantamount to denial of execution,
the refusal order falls under sub-section (3) OF Section 35 and no appeal lies
under Section 72 although an application may be made under Section 73.
188. Order directing registration after enquiry. — In an appeal under
Section 72 preferred against an order of refusal to register, based on the ground
that the executant of the document is a minor, an idiot or a lunatic, the Registrar
shall, when ordering its registration on finding the executant to be a major or of
sound mind as the case may be, direct that the document be registered if the
executant appears before the Sub-Registrar again and admits execution of the
document.
189. Registrar has no powers to call for the description of properties.
—- In an appeal filed under Section 72 against an order of refusal to register for
want of sufficient description of property a Registrar has no power to call for
further description of the property.
190. No appeal lies when a document is returned at presentant’s
request. —- No appeal lies to a Registrar on a document which is not refused
registration by a Sub-Registrar but is withdrawn from registration by the
presentant, when returned to him at his request. 191. Limitation on appeals to the Registrar against the orders of the
Sub-Registrar. —- (i) Where the registration of a document is refused by a SubRegistrar on the ground other than denial of execution, an appeal lies to the
District Registrar to whom the Sub-Registrar is subordinate. This appeal must be
presented within 30 days from the date of order of the Sub-Registrar’s refusal to
register. It si not necessary that it should be accompanied by a copy of SubRegistrar’s reasons for refusal. The District Registrar may on the merits of the
case, reverse or alter the order of the Sub-Registrar.
(ii) When Sub-Registrar has refused to register a document on the
ground of denial of execution, any person claiming under the document can
make an application in writing to the Registrar of the district to whom the SubRegistrar refusing to register is subordinate. This application shall be made
within 30 days after the making of the order of refusal of the Sub-Registrar and
must be accompanied by a copy of the Sub-Registrar’s Reasons for refusal. The
District Registrar can, however, if he is satisfied that the Sub-Registrar does not
give the copy without unnecessary delay or does not give it at all, allow the
applicant to make his application either unaccompanied by the copy of reasons
for refusal or beyond the prescribed period of 30 days. The statements in the
application must be verified in the manner required by law for verification or
plaints. The verification can be signed before the application is presented to the
District Registrar. In such case the party applying usually gives the name of
witnesses to be examined to prove the execution of the document. The District
Registrar, however, can, at the expense of the party, summon and examine any
other witnesses. It is not necessary that all witnesses cited by the applicant must
executed and the requirements of law for the time being in force, such as those
contained in Sections 19, 20, 21, 25, etc., have been complied with, he can order
the registration of the documents. The District Registrar is competent to order by
whom the whole or part of the cost of any such enquiry shall be a paid. The cost
should be recovered as if they had been awarded in a suit under the Code of
Civil Procedure. The Tahsildar or Deputy Tahsildar of the jurisdiction, may be
asked to recover these costs.
(iii) The proceeding sheets prescribed in Form No. 27 of Schedule A
should be used. The statements of parties may be recorded on sheets attached to
the proceeding sheet itself.
(iv) Process fee, etc, shall be levied as laid down in Article XXVI of the
fee table. CHAPTER XXVI
Fees and Fines
192. Determination of Fees. —- It is for the Registering Officer who is
responsible for levying the fee, to determine in the first instance what fee should
be paid. After it has been paid, the presenting party may, if he is dissatisfied,
refer the question to the Registrar who shall, if he thinks there has been an
overcharge, order the Sub-Registrar to refund any excess. If the decision is
adverse to the party, he may make a further reference to the inspector General of
Registration. Such application shall be made within 90 days after payment of ees.
193. Withdrawal when allowed. — (i) A Registering Officer may, before
the order of registration is passed, at the request in writing of the party
presenting the document for registration, allows him to withdraw the same.
(ii) One-half of the registration fee and all the copying fees in respect of a
document presented for registration which is subsequently withdrawn before the
order of registration has been passed and in respect of a document of which
registration is finally refused shall be refunded.
Note. — Any fine levied by the Registrar under Section 25 is not to be
refunded, except under Section 70 of the Indian Registration Act. Similarly, any
fees levied for issuing commissions, summons, and for meeting attendance and
traveling allowance charges shall not be refunded, if they have been earned or
disbursed.
194. Refund of amounts. —– Refund of amounts as per Rule 193 may be
allowed by the Registrars if the cases do not exceed 3 years and by the inspectorGeneral if they do not exceed 5 years from the date of collection.
195. Application for remission or refund of fess, etc. — (i) Every
application for the remission or refund of a fine or a fee shall be lodged in the
first instance with the Registering Officer, who levied it, for submission to the
sanctioning authority through the proper channel.
(ii) Every Registering Officer shall maintain a register in Form No. 28 of
Schedule A relating to refunds of fees surcharged.
196. Fees and fines to be brought to account. —- Whether a document is
admitted to registration or not, all fees and fines shall be at once brought to
account.
197. Remittance of collection to treasuries. —- (i) At stations where there
is a treasury and the treasury is open, the collection shall be remitted daily to the
treasury. A remittance to the treasury shall be accompanied by a Challan and
the “Registration Department Remittance Book” mentioned in sub-rule (iii)
below. (ii) Every Registering Officer shall keep in his custody the fees received
by him each day and invariably credit the same on the next working day into the
Treasury.
(iii) Every Registering Officer will keep a separate Treasury Remittance
Book, headed “Registration Department Remittance Book”, in which he will
enter the sums as they are paid into the local treasury, obtaining in the proper
column the signature of the officer in charge of the Treasury, who, after the close
of the month, will give a consolidated receipt for the whole month’s receipts in
the usual course. This receipt will be attached to the Registering Officer’s
Monthly Returns.
(iv) At stations where there is no treasury the fees shall be remitted to the
nearest treasury at such intervals as may from time to time be prescribed by the
inspector-General.
(v) A remittance to the treasury in cases contemplated in sub-rule (iv)
above shall be accompanied by a challan duly filled up in duplicate in view to
retain one copy of each challan signed by the Treasury Officer. Such duplicate
challans should be preserved in the Registering Offices by pasting them to a file
book with numbered butts.
(vi) A separte remittance book shall be maintained in respect of records of
rights fees collected under the Karnataka Land Revenue Act, 1964 and Rules
thereunder.
CHAPTER XXVII
Prosecutions
198. Procedure for instituting prosecutions. — A Sub-Registrar shall,
before instituting a prosecution, forward a full report of the case to the District
Registrar and Inspector-General of Registration and obtain the approval of the
Inspector-General of Registration to the prosecution. If, however, the
circumstances demand immediate prosecution a report shall be made by the
Sub-Registrar to the District Registrar and Inspector-General of Registration,
immediately.
199. Lodging of criminal complaints. —- A Sub-Registrar may, with the
previous sanction of the Registrar, lodge a criminal complaint against a person
who makes in the process of registering a document an intentionally false
statement. When however, execution is denied, he shall not proceed to take
evidence regarding execution and prosecute the executants for making a false
statement but merely refuse registration and leave the party aggrieved to apply
to the Registrar under Section 73 for an enquiry into the fact of execution. 200. Registering Officer not competent to compel a party to sign. — A
refusal to sign an endorsement or a statement made to a Registering Officer does
not constitute an offence under the Indian Penal Code or under the Registration
Act. A Registering Officer is not competent to compel a party to sign the
endorsement or to have a statement recorded by him. His duty is merely to
carry out the voluntary wishes of parties who appear before him.
201. Procedure when complaint is made regarding false personation. —-
(i) When a formal complaint is made to a Registering Officer that false
personation has been committed in respect of a document registered by him or in
his office, he is bound to satisfy himself as to the truth of the complaint and the
simplest method of doing so is by a comparison of the thumb impression. If he
finds the complaint is well founded, he shall take action to prosecute the
offenders. Where, however, the offence has been committed by illiterate persons
without any fraudulent intention, a prosecution need not be instituted, but the
case shall be reported to the Registrar for his orders. While if is desirable that
ignorant persons should not be unnecessarily harassed, care shall be taken, that
by neglecting to enforce the provisions of the Act, registration, which is intended
to secure the genuineness of documents, does not become discredited.
(ii) Depositions recorded, in false personation cases shall be taken on
loose sheets and preserved with the connected records of the case.
CHAPTER XXVIII
Documents Executed by Government Officer and other Public Functionaries.
202. Persons exempted from personal appearance. —- The exemption
from personal appearance contemplated by Section 88 shall be held to apply also
to a Government Officer who is an ex officio President or Chairman of a local
body or an agent to the Court of Wards.
203. Documents sent with a covering letter. —- (i) When a document is
forwarded by a Government Officer with a covering letter stating that it was
executed by himself and asking for its registration, the letter should ordinarily
suffice to satisfy the genuineness of the signature of the exempted person.
(ii) When it is presented by a private individual who is a party to the
document, a brief enquiry from him or from his identifying witness may be
sufficient.
1[
2(iii) The provisions of Rules 40 and 71 insofar as they relate to
affixation of photographs to the document shall not apply to the documents
executed by a person exempted from personal appearance under Section 88 of
the Act and also under the provisions of any other law for the time being in force
under which such exemption is allowed.]
1. Sub Rules (iii) and (iv) inserted by Notification No. RGN 2/2002-03. dated 1-4-2002, w.e.f. 4-4-2002.
2. Sub-Rules (iii) and (iv) substituted as sub-rule (iii) by Notification No. RGN 2/02-03. dated 19-6-2002. w.e.f. 19-6-2002. 204. Endorsement where a document is sent with a covering letter. —- (i)
where a document executed by a Government Officer, exempted from
appearance under Sub-section (i) of Section 88, is forwarded with a covering
letter, the presentation endorsement shall be in the following form. ___
“Presented in the office of the (Sub) Registrar…………. Of…………
between the hours of ………. And …….. on the …………… 19 ……. With Letter
No. …… dated ……. of …….. 19 …….”
(ii) And instead of the endorsement, “Execution admitted by” the next
endorsement shall be in the following form. —-
“I have satisfied myself as to the execution of the document by
…………… who is exempted from personal appearance under sub-section (i) of
Section 88 of the Indian Registration Act.”
CHAPTER XXIX
Preservation of Records
205. Preservation of Permanent Records. —- The following books and files
shall be preserved permanently. ___
Book 1. Register of non-testamentary documents relating to
Immovable property.
Book 2. Record of reasons for refusal to register.
Book 3. Register of Wills and authorities to adopt.
Book 4. Miscellaneous Register.
Book 5. Register of deposits of Wills, with its index.
Index Numbers I, II, III and IV including City, Town, Survey Index No. II
and Subsidiary index.
Registers of thumb impressions.
Files of translation
Files of appeal orders and judgments and orders of Courts.
Deposition book.
Additional Books 1, 3 and 4.
Supplement to Book No. 1, Parts I to IV. 1[205-A. Collective responsibility of the staff of Sub-Registrar.—-
Although the Sub-Registrar is generally responsible for the Records as head of
the office, it is the collective responsibility of all staff including Group ‘D’
officials of the office to preserve the public records and to take care for their safe
custody, longevity and prevent their deterioration due to pests attack, weather
etc.].
1, Inserted by Notification No. RGN 2/2002-03, dated 1-4-2002, w.e.f. 4-4-2002.
206. Preservation or destruction of records as per rules. — All other
books and records shall be preserved or destroyed under such orders as may be
issued from time to time by the inspector General provided that the disposal of
such books and records as are maintained under the Registration Act or the rules
framed thereunder shall be regulated by the Rules made by the InspectorGeneral of Registration under the Destruction of Records Act, 1917, from time to
time.
207. Registers of permanent and temporary records. —– In all
registration offices two registers of records shall be maintained in Form No. 13 of
Schedule A relating to the permanent records and the other relating to the
temporary records and in these registers.
208. Account of records in registers. —- (i) All records in an office shall
be brought to account in one or other of these registers according to the
instruction issued from time to time as to the classification of records. A record
shall not be omitted from its appropriate register on the ground that it has not
been completed or has not been bound; for instance, when a volume or Register
book or a new register of thumb impressions and a volume of index is brought
into use, it shall be entered in the register of permanent records on the day the
first document is copied in the volume or the first impression or the first
document is indexed.
(ii) The date of destruction and the number and date of the order, if any,
sanctioning the same shall be noted in the record register against the entry of the
record destroyed each such note being attested and dated by the Registering
Officer. CHAPTER XXX
Custody of Books and Documents
209. Custody of Books and Documents. —- Except under the order of a
Court or of the Inspector-General of Registration no person shall be permitted to
remove any of the books from the office in which they are deposited, and except
during office hours, they shall be kept locked up in a box or almirah the key of
which shall remain in the possession of the Registering Officer. Every precaution
must be taken to protect all books, papers and documents from the ravages of
white-ants, accidents from fire, etc. and the sanction of the Inspector-General of
Registration must be obtained for the destruction of any books, etc., which may
be deemed no longer necessary to keep (also please see Rule 86.).
CHAPTER XXXI
Returns and Accounts
210. Dates of closing accounts. —- The Sub-Registrars at the District
Headquarters shall close their accounts on the last day of each month and the
Sub-Registrars elsewhere shall close their accounts on the day on which the
treasury in which the fees are remitted by them, closes its accounts each month.
211. Submission of monthly and annual returns. — (i) Every SubRegistrar shall on the last day of each month, submit to the Registrar, to whom
he is subordinate, a monthly return in Part I of Form No. 29 of Schedule A, and
every Registrar shall on or before the 5th day of each month, submit a monthly
return in Part II of Form No. 29 of Schedule A, on the basis of the monthly
return submitted to him by the Sub-Registrars to the inspector-General of
Registration.
(ii) Every District Registrar shall submit Annual Returns on or before the
date appointed by the inspector-General of Registration from time to time in this
behalf in Parts I – – V of Form Nos. 30 to 30-D of Schedule A, and shall fill up the
entries therein from similar forms prepared in his office and those received by,
him from the Sub-Registrars. He should state clearly but in brief his opinion as
to the significance of the statistics. Every Sub-Registrar shall keep the returns
Parts I—V duly filled in at the close of every month and submit the same in the
beginning of each quarter to his District Registrar for his perusal and return.
(iii) Every Inspector shall submit to the Inspector-General on or before
the date prescribed by the inspector-General from time to time, an annual report
containing such information as may be prescribed by him.
212. The Sub-Registers will also forward to the proper authorities such
other returns as may be required either under the orders of the State
Government or the Central Government. CHAPTER XXXII
Withdrawal of Seated Covers
213. Withdrawal of sealed covers. —- When an application is made for
the withdrawal of a sealed cover under Section 44, the Registrar, shall, before
delivering the cover under the said section, take back the receipt given under
Rule 110 when the cover was deposited and file it. The signature of the recipient
shall also be taken in the last column of Register Book No. 5.
CHAPTER XXXIII
Inspection of Registration Offices
214. Inspection by Registrar. — Every Registrar shall inspect 50 per cent
of the office of the Sub-Registrars in his district at least once a year.
215. Memorandum of inspection. —- The Registrar shall send a
memorandum of each inspection to the Inspector-General in the form prescribed
by the Inspector-General of Registration from time to time.
216. Inspection by the inspector-General of Registration. —- The
Inspector-General shall at least inspect one Sub- Registry Office in each district
every year. Fifty per cent of the offices of the District Registrars shall of least be
inspected by him once a year.
217. Inspection by Inspectors. — Inspectors shall inspect all the subRegistry Offices under their charge not less than once a year.
218. Inspection of Register books in Sub-Registrars’ Offices and reports
regarding damaged books by the Inspectors. — (i) Every Inspector shall
examine the books, indexes, accounts an other records in the office of a SubRegistrar subordinate to him, once in every year. He should inspect the indexes
and compare at least 50 entries in each index with Register books. He shall as
required by sub-section (2) of Section 52 authenticate such Register books as he
may examine by making a record in each of them to the following effect. ___
“Entries from page to page in this book have been examined by me.
Signed
Inspector”.
(ii) Every Inspector shall also inspect the books of the Sub-Registrars in his
jurisdiction and report to the Registrar the Register books mentioned in subsection (1) of section 51 or portions thereof which are in danger of being
destroyed or becoming illegible wholly or partially. (iii) The Inspector shall, in the “Inspection Form” prescribed by the
Inspector-General from time to time, make a memorandum of all errors. Acts of
negligence or doubtful practices detected and after giving the Sub-Registrar an
opportunity to explain or set right at once any defect found and after proposing
such orders on the memorandum as he ;may deem proper, send one copy of the
same for information to the Registrar to whom the Sub-Registrar is subordinate,
one to the Inspector-General for approval and one to the Sub-Registrar
concerned.
(iv) The Inspector-General shall forward a copy of his order in respect of
such memorandum with his remarks or suggestions, if any, to the Registrar and
the Registrar shall then send it to the Sub-Registrar concerned for compliance.
219. Submission of diary of work by Inspectors. —- On or before the 7th
day of every month, each Inspector shall submit to the inspector- General a diary
of his work and movements during the preceding month.
CHAPTER XXXIV
Destruction of Documents
220. Destruction of unclaimed documents. — Documents (other than
wills) remaining unclaimed in any registration office for a period exceeding two
years may be destroyed.
221. Documents which are kept separte. — List of unclaimed
documents to be exhibited ___ Notice to presenter or his nominee, if any, for
unclaimed documents and manner of sending it. — (i) Documents of which
registration is not complete and registered documents pending delivery shall be
kept separate.
(ii) A list of documents which have been registered and have remained
unclaimed for more than 15 days from the date of completion of registration,
shall be exhibited to public view in Form No. 31 of Schedule A, in the office of
every Registering Officer.
(iii) If a document remains unclaimed for fifteen days after its registration,
or after registration of the same has been refused, the Registering Officer shall on
the day following the last day of such period of 15 days issue a notice in Form
No. 31 of Schedule A, to the person who presented the document or his nominee,
if any, informing him that if it be not claimed within a further period of 15 days
from the date of the notice, an extra fee at the rates prescribed in the Table of
Fees prescribed under Section 78 shall be leviable before such document can be
delivered to him. Such notices shall be sent by post. 222. The form of notice in case of unclaimed documents to be destroyed
and the procedure thereafter—- Note of destruction to be recorded. — (i) A
Registering Officer shall issue a notice in Form 32 of Schedule A, when a
document the destruction of which is authorised by Section 85, remains
unclaimed for a period exceeding two years from the date of registration or
refusal to register it or the date on which the proceeding in respect of its
registration were adjourned for the last time. After the expiration of the period
of notice, the Sub-Registrar shall send the document to the Registrar to whom he
is subordinate for destruction and the Registrar shall communicate to the SubRegistrar the date on which it was actually destruction and the Registrar shall
communicate to the Sub-Registrar the date on which it was actually destroyed.
(ii) In case of destruction of registered document, a note recording the
destruction shall be entered in the appropriate Register book at the foot of the
copy of the document. In cases of documents, registration of which is refused,
the note shall be recorded in Column 4 of Register.
(iii) In cases in which the receipts granted by Sub-Registrar for documents
under Section 52 are lost, the holders of them are dead, etc., and the parties or the
representatives of the deceased, as the case may be, apply in writing for return of
the documents, the Sub-Registrar should hand over the document after
satisfying himself of the right of such person to receive the same according to
rules and safeguards in force at the time, no special permission of the Registrar
being necessary. In such cases he should make a short note on the application of
the circumstances and may in his discretion take the thumb impression of the
person to whom the deed is delivered below his signature and on the counterfoil
of the receipt.
The following evidence may suffice to prove the rights. —-
(a) Examination of two witnesses on oath, or
(b) Production of Letters of Administration, or
(c) Succession certificate, or
(d) Probate, or
(e) Affidavit by a responsible officer or person.
In cases in which the Registering Officer entertains any doubt, he should
report the case to the District Registrar, who should dispose of it himself, or, if
necessary refer to the Inspector-General of Registration.
(iv) This procedure also applies to receipts granted for deposit of sealed
covers; naturally great care and circumspection must be used. (v) In the case of a person who has lost the receipt, the document may he
returned to him on his being properly identified and the signature of the
identifier obtained below the Registering Officer’s endorsement on the
application.
223. Safe custody of belated wills. —- Wills and cancellation of Wills
remaining unclaimed for over two years in a Sub-Registry Office should be
transferred to the District Registry Office for custody in his safe. A note to that
effect should be made below the original entry.
224. Protection from suit, claim or demand. —- No Registering Officer
shall be liable to any suit, claim or demand by reason of anything in good faith
done or refused in his official capacity.
——

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