(1) This Act may be called the 2*** Registration Act,. 3[(2) It extends to the whole of India except the State of Jammu and Kashmir: Provided that the State. mission decided to take up the revision of the Registration Act and entrusted the task to a Committee consisting of Dr. N. C. Sen Gupta and Shri V. K. T. Chari, -. PDF | This research paper deals with the following constellation of Legislation in India, Penguin-Partridge, Bloomington, ; and Concept of Rights in document under Section 17(1) of the Registration Act, is that.
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Procedure, , and of the Indian Limitation Bill, now before Council. Indian Registration Act, , the Registrar of a district in which any of the three. Full text containing the act, Registration Act, , with all the sections, schedules, short title, 16 of Year , dated 18th. Documents executed out of India. (1) This Act may be called the Registration Act, (2) It extends to the whole of [Repealed by the Government of India (Adaptation of. Indian Laws) Order.
Registration Act, 1908
The numbering of the sections of the Act of has been preserved. It has been found that the mere process of consolidation might result in the law being changed in some respects.
To avoid this some few amendments appear to be necessary. Purpose of the Act The purpose of the Registration Act, amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and also to prevent fraud.
Registration lends inviolability and importance to certain classes of documents. Registration procedure in the Act The scheme of the Act is to consolidate the law relating to registration and to provide for the establishment of its registration. It lays down what documents require compulsory registration. It provides limitation for getting a document registered.
Thus, a document creating an assignment of a debt will not require registration, but a document assigning rents will require registration. If the power of attorney in question is to be treated as creating an equitable assignment of rents, it will require registration and if not registered, will be void and unenforceable. The power of attorney does not create or recognize any right in or relating to any immovable property or benefit arising there from in favor of the bank.
It merely authorizes the bank to act as the company's agent to perform the acts stated therein. The question whether a machinery which is embedded in the earth is movable property or an immovable property, depends upon the facts and circumstances of each case; primarily, the Court will have to take into consideration the intention of the parties when it decided to embed the machinery whether such embedment was intended to be temporary or permanent case under Stamp Act, Provisions regarding lease documentation The rent note is an agreement to lease which falls under wider definition of lease under the Registration Act.
The rent note or agreement to lease may be in counter-part signed by both the parties or it may be in correspondence or in acts or conduct.
If there is no present demise, the agreement may be effected by an unregistered instrument or even orally. If there is present demise, the rent note operates as a transfer by way of lease and if the term does not exceed one year, registration is not necessary, but if the term exceeds one year, registration is necessary not under S. Act but under the Registration Act. An instrument signed by either the lessor or lessee alone would operate as an agreement to lease or a rent note.
A rent note signed by the lessee alone is not a lease but would be a lease under the Registration Act and the question of its registration has to be decided under that Act. Conclusion The registrations act illustrates about the procedure of registering, what documentations should be registered and how it should be done.
The registration of Will documents, powers and duties of the registrations department. State government may, by order published in the official gazette, specify the document for registration by the office of the joint sub-registrar as established.
The documents containing contracts to transfer for consideration, any immovable property for the purpose of section A of the Transfer of the Property Act, 4 of shall be registered, if they have been executed on or after the commencement of the registration and other related laws Amendment Act, and if such document are not registered on or after such commencement, then they shall have no effect for the purpose of the said section A] Trust in relation to immovable properties, every mutual fund in form of Trust.
To execute the agreement, sub-registrar require to put photographs, signature and left hand thumb impressions of all concern parties to execution.
For certain types of documents like development agreement, adjudication is compulsory. For agreements like resale, adjudication is optional provided it is registered within stipulated time of 4 months. In Mumbai, now registration fees are required to be paid through online.
It is better to pre check at concern registrar office the stamp duty and exact registration fees payable. Registraon fees are to be paid on value of such property rounded off nearest to rupees in thousands. Collector of area who has to collect proper stamp duty, However when Document presented by electronic means personal attendance is not required, However the satisfactory inquiry shall be made as per government rules.
Party has to give certain details like area, types of property, CTS No. On the day of registration the token number is announced calling the party for registration. Now certain token nos. Token on phone is given for next day.
Token booking time for previous day at registrar office starts at 10 a. Now registers office remains open in shifts from 7am to 9pm to visit www.
However, now a days property are generally registered even without a token no. PAN of all the parties to the documents is mandatory.
Two witnesses with their photos and identification proof should remain present for identification of parties to the agreement for which two witnesses have to put their photo, signatures and thumb impression before registering authority. Such witnesses should not be the necessarily same who has signed as witnesses in the agreement.
These witnesses should put their photos, thumb impression and sign before registrar as token of identification of the parties to the document. Some registration office takes computerized digital photos, left hand thumb impression of witness and also obtains signature of witness on such document.
Property card is required to be produced at the time of registration. CTS no. For payment of registration fees need to pay it online.
THE REGISTRATION ACT IN PAKISTAN 1908 PAKISTAN
Complete filling up of input Registration form as prescribed by the stamp duty department or Registrar or Sub-Registrar. The input registration form and document are required to be submitted at token window in advance i.
Generally, Registrar Office does check such submissions, and makes valuation, in advance before Registration. Adjudicated document will help in faster registration. In other words, Registrar presumes that proper stamp duty on such adjudicated document is determined properly by collector of stamps and accordingly paid by the party. Adjudication is the procedure by which collector determines the proper value and amount of Stamp Duty payable on application made by party.
In respect of old building to avail the benefit of depreciation on market value then the attachment of following proofs will help to avail depreciation on age of building. For proof of authorize structures, the following documents are required: If the building is completed before March 25, the property assessment municipality bill is required to be attached. Any proof of determination of market value will help to facilitate the calculation of true market value.
The detailed letter from society showing the description of property, age of building, year of construction , built up area of flat, flat no.
With effect from 1. Prior to such penalty was upto 10 times. The left thumb impression of all the parties to the document is also taken digitally. From 1. Registrations of documents are computerized with effect from In view of above, it is advisable to check such data sheet by party as regard to correctness of typed contents thereon. Sometime, the documents are executed by power of attorney holder for and on behalf of downloader or seller. Generally in case of builders, his power of attorney holder executes the documents and also signs as attorney of such builder.
In such case copy of duly executed power of attorney is to be attached with the agreement which is also to be registered. Generally all the parties are supposed to go together for registration; however they can go at different point of time but maximum within four months of execution of such document. Thereafter Registrar puts his official seal and affixes unique numbering block on each page including the additional sheets of the documents and signs on the above mentioned sheets which generally carries photographs, signatures, details of parties and witnesses.
The party has to submit the copy of Challan for registration fees.These are possibility for which one has to pre-check the matter with respective joint sub-registrar.
In such circumstances parties are advised to take index II as well as certified true copies of document from registration office for his future record. Previous Post: Bare Act. Submit Your Article.
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