Indian Registration Act 1908 has mandated that United Nations agency ought to gift the document for registration in person. The performer of a document or a person claiming beneath such document or representative or receiver of such performer or punctually authorised power of professional person holder has got to gift the document for registration. These square measure elaborated in sections thirty two and thirty three of the Act. province Registration Rulesstipulates the document shall be conferred for registration to the registering officer and to not a clerk or navvy. In normal course, the registration or deposit of documents has got to be created solely at the selected workplace.
The Act conjointly provides for exemption of sure folks from personal look and gift the document for registration.
Section thirty one of the Act offers power to the registering officer beneath special cases to attend the residence of a person aiming to gift a document for registration or to deposit a can and settle for for registration of such document or deposit of can.
Section thirty eight of the Act lists the class of persons United Nations agency square measure exempted from look at registration workplace to gift the document for registration.
1) a person United Nations agency is bodily infirm attributable to malady or age and can't attend the workplace while not risk or is inconvenience, 2) a person in jail beneath civil or criminal method or 3) persons United Nations agency square measure exempt by law from personal look in court square measure exempted from personal look or through their agents. Persons United Nations agency square measure exempted from personal look in court as per Civil Procedure Code square measure (1) ladies United Nations agency in keeping with the customs and manners of the country ought to not be compelled to seem publically, persons of rank particularly exempted by the govt.. In such cases the registering officer shall in person go the house of such person or the jail wherever the person is confined and examine him or could appoint someone or visit and examine such person.
Procedure for attending at personal Residence
Karnataka Registration Rules 1965 has developed procedure for group action if the registering officer at personal residence. The relevant rules square measure elaborated in chapter ten and beneath Rule Nos. 56 to 32. Any application for group action at personal residence shall be in writing and has got to be signed by the one who requests the group action at his residence. Such letter could also be conferred by a person to the registering officer. The request has got to be complied with as early as potential. If such group action at personal residence disturbs the regular routine of the workplace or needs closure of workplace and if the case doesn't constitute section thirty one of the Indian Registration Act, a commission could also be issued, which implies another person aside from the registering officer could also be requested to attend the personal residence and complete the registration formalities. The group action of sub-registrar at personal residence or issuance commission has got to be rumored to the registrar among twenty four hours. The Sub-registrar shall not proceed out of his sub district for this purpose, however registrar could attend the personal residence placed in his district although it's going to not be placed among the sub district beneath his immediate charge.
The commissioner appointed to attend the personal residence can examine the witness and persons to provide proof and also the registering workplacer can examine the commissioner in person in his office connected with discharge of his commission and voluntary nature of admission of execution.
During the course of group action if the registering authority has got to record the admission or execution of persons not exempted from personal look within the respect of an equivalent document dead by someone exempted from personal look, the registering authority could go with the request provided group action fee is levied.
Government Officers
Section eighty eight of the Act refers to documents, that square measure dead by government officers or sure public functionaries United Nations agency square measure exempted from personal look.
Any officer of the govt., any administrator general, official trustee or official receiver, the law officer, receiver or registrar of state supreme court, any holder of such alternative {public workplace|position|post|berth |office|spot| billet|place| situation} as notified is official Gazette of the government square measure exampled from personal look or through their agents at registration office in reference to registration of any instrument dead by them or any document dead in their favour in their official capability. they're conjointly exempted from language the document for admitting the execution pro re nata beneath section fifty eight of the Act.
When documents square measure forwarded by government officer with a missive stating that documents dead by him and be registered, the missive are enough to satisfy the genuineness of the signature of the performer. If such document is conferred by a non-public party, United Nations agency is additionally a celebration to the document, the registering authority can satisfy on the genuineness of the signature by a quick enquiry. the actual fact of exemption from personal look and presentation of the document by missive are supported.
Only Copies to be sent
Certain class of documents like copies of orders, certificates and instruments needn't be conferred for registration however could also be sent to the registering workplace for filing as per section eighty nine of the Act. In following cases, the copies need to be forwarded to the territorial registering officer beneath whose jurisdiction the immovable property in question is placed.
Every officer granting a loan beneath Land Improvement Loans Act 1883. each court granting a certificate of sale of immovable property beneath Civil Procedure Code, 1908.
In case of loans beneath Land Improvement Loans Act 1883, the small print of any land to be granted as collateral security.
Every officer granting a loan beneath Agriculturists Loan Act 1884, a duplicate of the document whereby the immovable property is encumbered to secure the compensation of the loan or if such property is encumbered for an equivalent purpose so as granting the loan, a duplicate of such order.
Every Revenue officer, United Nations agency grants a certificate of sale to the acquisition of unmovable property sold publically auction.
The registering officer can file the copies of such orders, certificates, instruments in book No.1. The involved workplacers needn't seem nose to nose at registration office.
State government has created rules on the mode of constructing copies and manner of filing copies.
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