REGISTRATION ACT:
PURPOSE: Registration is about keeping a private document in public records for the purpose of information to general public by collecting fee w.r.t legal rights and obligations arising out of a particular property. Thus, its objective is conservation of evidence, assurance of title, publicity of documents and prevention of fraud. SRO maintains 5 books. They are:
B–I: Registrar of non- testamentary documents relating to immovable property
B–II: Record of reasons for refusing to register
B–III: Register of wills and authorities to adopt
B–IV: Miscellaneous register
B–V: Deposit of wills
Authorities under the Act:
The state government shall appoint an officer to be Inspector general of registration in the state (S.3). For the purpose of this Act, the state government shall form districts and sub-districts. The state government may appoint one registrar to the district and the sub-registrar to sub-districts. This is the hierarchy under the Act: IG—DR—-SRO. Generally, it is the sub-registrar who registers the document. S.31 says generally, it is the sub-registrar office is the place where documents are registered or documents are deposited. However, on special cause being shown registrar can attend at residence also. Documents relating to immovable property shall be presented for registration in the office of SRO within whose sub-district the whole or portion of the property to which such document relate is situate. Document must be presented within four months from the date of execution except will. The four months delay can be condoned.
S.32 says following Persons are competent to present documents for registration:
1) Person executing it or claiming under it.
2) Representative or assignee of such person.
3) by the agent of such person or duly authorized power of attorney holder.
The Sub-registrar can verify about title, possession or encumbrances in respect of property sought to be registered or consider regsitrablity of the document w.r.t the provisions under the registration act or any law at the time of registration and refuse the same. If he decides that registration has to be refused, he has to pass an order for refusal, record the same in Book No.2 and make an endorsement on the document in the words ’registration refused’. In such case, he shall, without unnecessary delay furnish the executants or any person claiming under him, on his application a copy of the reason so recorded.
Instruments required to be Registration S.17 of the Act lists document required by law to be registered
1) Sale or exchange of immovable property of the value of Rs.100/- or upwards.
2) Simple Mortgage
3) Instruments of gift of immovable property.
4) Other mortgages (except mortgage by deposit of title deeds) when the principal money secured is Rs.100/- or upwards. 5) Lease.
5)Instruments transferring or assigning any decree or order or award of a court of any award when such decree or award purports or operate to create, declare, assign, limit or extinguish.
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Consequences and Remedies for non-registration: According to S.49 of the Act, an unregistered document required to be registered under law can’t be received in evidence except in case of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument. S.5A of ROR Act.
Thus under the proviso to Sec. 49 of the Registration Act, an unregistered document, though inadmissible to prove the main or principal transaction, can be received as evidence of any collateral transaction or matter or purpose, not required to be effected by a registered document. Thus there is no remedy for non-registration of instrument required by law to be registered except registration itself.
Where is the place of registration of documents in case of immovable property?
Ans: S.28 says every documents relating to immovable property shall be presented for registration in the office of SRO within whose sub-district the whole or portion of the property to which such document relate is situate. In case of court decree or order also the above rules applies.
Where is the place of registration of documents in case of movable property?
Ans: Document not coming u/a.s28 can be registered, where the document was executed or in the office of any SRO at which all persons executed and claim under the documents desires the same to be registered.
Is there any requirement of time period to get document registered after its execution?
Ans: Yes, S.23 says a document must be presented within four months from the date of execution except will. The four months delay can be condoned u/S.25. S.24 says where are there several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution. U/s25 registrar has power to condone delay for four months provided by imposing fine not exceeding ten times can be levied before accepting for registration. If the document is presented after eight months of its execution, the registrar has no jurisdiction to condone the delay, under any circumstances. A will be presented or deposited at any time.
Is there any obligation on part of the registering authority to seek the opinion of the executants at the time of executing the document? What if executants refuse to execute the document?
Ans: According to S.35, it is the duty of SRO to get satisfied that person who is executing the document, is the one and same person or the person he is claiming to represent. For this purpose, he can examine any person. If any person appears and by whom document purports to be executed, denies its execution, it shall not be registered. Further, if the executant is lunatic, minor, idiot or it has said that documents purports to be executed is dead or denies execution, document shall not be registered. If he is a registrar followed procedure under part-12 of the Act.
What is the procedure available in case executants denies the execution of document?
Ans: Yes, According to S.74 when denial is made in respect of a document, registrar shall inquire:-Whether the document has been executed b) whether the requirements of the law for the time being in force have been complied. Order of refusal must be placed in BooK no.2. S.78 talks about remedy against refusal to register:- In case of registration is refused, the person aggrieved may file appeal before registrar, in the event of appellate authority refusing appeal, the person aggrieved may file suit u/S77 within thirty days.
Is there any appeal from the order of refusal to register by SRO on the ground of lack or deficiency of title.
Ans: yes, as per s.73 there is an appeal to District Registrar. Appeal must be preferred within thirty days. Such application must be in writing accompanied by SRO’s refusal order. For this purpose DR can conduct an inquiry. If District registrar allows appeal registration must be done within thirty days takes effect from the date, when it was presented. In the event District Registrar dismissing the appeal as per S.78 the person aggrieved may file civil suit u/S77 within thirty days.
Is there any appeal from the order of refusal to register by SRO on the ground that executant denies executing document?
Ans: S.73: If refusal is on the ground other than denial of execution, any person claiming under such document, may, within thirty days affect making of the order of refusal, apply to the registrar to whom such SRO is sub-ordinate in order to establish his right to have the document registered. 2) Such applications hall be in writing and shall be accompanied. S.74: When denial is made in respect of a document, registrar shall inquire:-Whether the document has been executed b) whether the requirements of the law for the time being in force have been complied. Order of refusal must be placed in BooK no.2.
Whether SRO has power to summon the persons?
A: As per S.36 If any person presenting any document for registration desires the appearance of any person, the registering officer in his discretion, call upon such officer by issuing summons to appear before him. S.37 on receipt of process, summons will be issued. S.39 says CPC would apply so far as law as to summons, commissions and witness.