An Article Regarding "Franking of Stamp Papers"

Franking of Stamp Papers

Common man needs small denomination of the stamp papers for various purposes like affidavit, Rental agreements, agreements, undertaking, power of attorney, bonds, memorandum of understanding etc. Public needs stamp duty of the denomination of  Rs20, 50,100 & 200 for  executing  affidavits, rental agreement,  Indemnity Bonds and Sale  Agreement  respectively . These are all the common requirement of stamp duties for giving legal sanction to any kind of documents. Now-a-days  the government departments are insisting for obtaining affidavits and indemnity bond  for various purposes.

Non-availability

Previously, department of stamp duty was appointing the authorized stamp vendors to sell the stamp papers for the above said documentation purpose. It was like a public fare price shops, wherein such stamp papers were easily available not only in all the important places but also in a very remote and interior villages. Infact, Stamp papers were available even in the late night also. Any understanding between the parties will be reduced in writing on the stamp paper and would be signed on that, as the same will be binding on both the parties. After the Telgi scam, from 01/04/2003, using stamp papers for the purpose of any documentation has been totally prohibited in Karnataka. 

S.B.M.paper

After the amendment of Section 10A of the Karnataka Stamp Act, 1957, provision has been made for payment of stamp duty by DD/Pay Order or Bankers Cheque, drawn in favour of the concerned Sub-Registrar office for sale deeds and other documents. Obtaining stamp papers of  small denomination, only two option are available. One is, franking the stamp paper  in the concerned sub-registrar office and another one is purchasing the document sheet from the state bank of Mysore. Unfortunately, both the modes of obtaining stamp papers are very tedious since it involves lot of  procedure and formalities. Further, the said facility is avaible to the public only for  5 to 6 hours every day.  Infact only in few  branches of State bank of Mysore the facility of  issuing stamp papers are available. In such case, public has  to fill up the challan and  mention the denomination for which stamp paper is required and accordingly  has to pay the requisite commission charges on such amount and later has to stand on a very long queue. So getting a stamp paper in SBM is a time consuming process. Again, such authorized branches of State bank of Mysore are not much interested in issuing this stamp paper rather they are concentrating more on their banking business. Infact, among those authorised branches also, only one or two banks only will issue the stamp paper on that particular date and priority will be given   for their regular customers of the said Bank.

Franking procedure 

The matter has to be typed in the white paper or document sheet and has to be submitted for franking along with the application, but without date and signature of the parties to the said document. This facility is available in certain particular sub registrar offices only such as Jayanagar, Gandhinagar, Basavanagudi, Shivajinagar, Rajajinagar, Kengari, Anekal Sub registrar offices, this facility is available and the franking time is only  between 10:30 A.M. to 3:30 P.M, excluding the lunch hour. Rules and regulations varies from one sub-registrar office to the other. If the party produces the documents for franking, the concerned sub-registrar may refuse by various reasons. For example, if a person made a lease agreement more than 11 months, or that the agreement involves advance amount or if GPA is executed in favour of person other than his/her family member then it may be refused due to insufficient stamp duty. However, it is not a duty of the sub-registrar where the franking of the stamp duty is done to ascertain the stamp duty, but it is by the District Registrar or the Court which should decide the requisite stamp duty on any document at the time of presenting the documents.

Fake Papers

For the past two years, small denomination stamp papers were available easily everywhere. After abolition of the stamp papers, government has not taken any initiative to get the small denomination of the small papers by easy method, which has forced the public to buy the paper in the easiest way in the Taluk office and sub registrar offices entrance, which has resulted in the creation of lot of (small Telgis). Infact, two months ago, City Crime Branch (CCB) raided few of the Sub-registrar offices and Taluk Office and have booked 38 illegal franking, out of which 21 cases in City Civil Court premises and the rest at Mayo Hall, Yelahanka, Peenya, Yeshwanthpur, Koramangala and Jayanagar and arrested nearly 47 agents for having involved in the circulation of fake stamp papers and franking ink and pads, seals and franked blank sheets were also seized . These fake papers are either franked from their own franking machineries or from the original stamp papers, they are using color zerox. People should approach the  authorised Sub Registrar offices to get the stamp paper  embossed on the typed text before signature.

Franking machine

The Franking Machines shall be used for franking impression of Stamps on all kinds of instruments on which Stamp duty is payable under the provisions of Indian Stamps Act 1899 and the Karnataka Stamp Act, 1957 and the rules made there under.

Usage of Franking Machine by the Proper Officer  

•    Franking Machines shall be installed before the Proper Officer, at the office of the Superintendent of Stamps, Bangalore, Offices of the District Registrar and Offices of the Sub-Registrars at Gandhi Nagar, Jayanagar, Shivajinagar, Basavanagude, Rajajinagar and Kengeri or  in any other offices as may be authorized by the Chief Controlling Revenue Authority in Karnataka for impressing Stamps indicating the payment of stamps duty on the instrument chargeable with duty and the operation of the same shall be under strict vigilance and supervision of the Proper Officer.

•    Before the machine is put to use, the same shall be authorized loaded and sealed by Superintendent of Stamps or District Registrar, Assistant Commissioner of Stamps or such other officer authorized by Chief Controlling Revenue Authority and shall maintain Register in Form No.1 regarding loading and reloading and Form No.2 regarding return of the same and shall be scrutinized every month. In case of  periodical loading of the machine, sanction from District Registrar is necessary if the same is being carried out by the officer other that those authorized to do such act, which shall be entered in Form No.3.

•    The access code to the numeric of the Franking Machines shall be exclusively with the Superintendent of Stamps or District Registrar who shall be responsible for non disclosure, thereof to any person and who shall maintain a separate register in respect of each loading / reloading / incrementing of the amount. 

•    The Proper Officer shall ensure that the seals are not tampered with, in any way by any person or that machine is not handled by any un-authorized persons. 

•    The Proper Officer shall be responsible for the custody of the machine.  A register in Form No.4, shall be maintained in which the meter reading are recorded separately, both at the commencement of the day and at the close of the day.  The difference between the said readings shall be the total amount collected in respect of impressions franked.

•    The parties desirous of having stamps impressed on all kinds of instruments  shall make an application in Form No.5 along with the instrument and value of Stamps to be impressed, by Challan or Cash or Pay Order or Bankers Cheque or Demand Draft to the Proper Officer and on the receipt of the same, requisite amount of stamp duty will be embossed on the instrument and thereafter the Proper Officer shall affix his signature in the space provided on the impressed stamps, which shall be serially numbered and the particulars are to be entered in Form No.6.

•    The authorized user shall at all reasonable times allow authorized office or the authorizing authority or the District Registrar to inspect the machine and collect records without notice.

•    Franking or impressing of Stamp may be allowed up to any amount and such amount, as far as possible, has to be made on the right top corner of the first page of the instrument itself and has to be clear and in bright red colour only. Incase of any mistake or wrong in the amount impressed then that impression shall be torn from the instrument and pasted in the register of daily posting and shall be authenticated by the authorized user or proper officer.  At the time of resetting, set off equal to the amount of wrong impression shall be given. 

Thus, non-availability of small denomination stamp papers has forced the public either to approach the agents near court complex or sub-registrar office entrance or to enter into agreements in white paper, without paying requisite stamp duty, which, in turn, leads to lot of litigations. In order to solve this problem, the Department of Stamps and Registration has to provide sufficient modes for availing stamp papers of small denominations, which also generates more income for the Government.

An Article Regarding "ADJUDICATION WITH REGARD TO STAMP DUTY ON PROPERTY"

ADJUDICATION WITH REGARD TO STAMP DUTY ON PROPERTY

 

ADJUDICATION suggests that a call is rendered by a competent authority or a decide on controversial or disagreed problems.

it's usually controversial or disagreed within the matters of tax due  by persons seeking registration of sure instruments.

In spite of clear description of chargeability of tax underneath the assorted Articles of the Mysore statute, disagreements between executants additionally the} registering authority and also sure doubts do enter into the minds of person desirous to register.

so as to get rid of such disagreements or doubts, any individual is sceptred underneath the provisions of the Mysore statute 1957 to adjudicate the problem or ask for the opinion of the District Registrar / Deputy Commissioner on correct tax to avoid complications like, under-valuation and penalty at later stage.

The Registering authority himself is additionally sceptred underneath the Act to form a respect to the Deputy Commissioner / District Registrar for determination of the tax on the property just in case of disagreements or disputes arise wherever the person is declined to pay the tax set forth by him.  As provided underneath the Act, any instrument that is either dead or not and antecedently sealed or not are often delivered to the District Registrar / Deputy Commissioner to own his opinion on the tax with that it's guilty.

For doing therefore, the person ought to build associate degree application with a fee of Rs.100 associate degreed conjointly furnish associate degree abstract of the instrument and an instrument or different proof as would support his claim on set forth price or such duty to be determined by the District Registrar.

Admission

On receipt of such application beside fee, abstract of the instrument or different evidences, the Deputy Commissioner / District Registrar having glad all told respects, shall build his best judgment to see the tax to be due  or decide that the duty claimed by the person suffices the right description of chargeability instead decide that the tax already paid is adequate to the duty therefore determined by him or in his opinion, such instrument isn't guilty. when satisfying the case, the Deputy Commissioner / District Registrar shall certify the endorsement on such instrument consequently and suitably.

it's conjointly providing the District Registrar / Deputy Commissioner might also refuse to proceed during this judgment, if the person doesn't fulfill the conditions stipulated in this.

the supply of the Act provides that no proof stocked in pursuance of this judgment shall be utilized in any civil proceedings against any individual except in any enquiry relating chargeability of tax.  Further, every body by whom any such proof is stocked shall, on payment of the complete tax that is commensurate  with the chargeability of the instrument, be alleviated of penalty for his omission.

Endorsement not sceptred

However, the Deputy Commissioner/District Registrar isn't sceptred underneath the supply of the Act to grant endorsement on the instruments of the kinds hereafter delivered to him.    

a) after expiration of 1 month from the date of its execution or 1st execution in Bharat.

b) Executed or 1st dead out of Bharat and delivered to him when expiration of 3 months when it's been 1st received within the State of Mysore.

c) Or any instruments guilty with duty not exceptional fifteen paise or a mortgage crop with a requirement of twenty 5 paise once delivered to him when the execution there of, on paper not punctually sealed.

Reference for call

it's conjointly provided underneath the Act that even the Deputy Commissioner / District Registrar is enabled to refer his own call in pursuance of this judgment, just in case of his doubt concerning the chargeability of tax, to the Chief dominant Revenue Authority United Nations agency also will offer his call in this.  More so, the Chief dominant Revenue Authority, is additionally sceptred suo moto inside 5 years from the date of order gone along the Deputy Commissioner/ District register, to concern and examine the records with reference to such order gone along Deputy Commissioner / Registrar when examining records and hearing the parties, pass associate degree order in writing confirming, modifying or setting aside such order and direct the Deputy Commissioner / District Registrar. Again, the Chief dominant Revenue Authority will refer its opinion to the judicature of Mysore for a call.

Generally, the Sub-Registrar is underneath duty and obligations to just accept the instruments for registration when perceptive all formalities.  In cases wherever the registering authority is deemed to own set forth the stamp price that, per the person desirous to register, is more.  The person aggrieved will undoubtedly approach the Deputy Commissioner/District Registrar, with application, fee and different documents, for acceptable relief.

For More:

Property Registration

An Article about "Need for Khatha Transfer of Property"

Need for Khatha Transfer of Property

Immovable property may be transferred by manner of Sale, Will, Gift, Release, Settlement, Partition Deed, and Exchange or otherwise. once such a transfer, it's necessary to form entries within the revenue records on production of the relevant documents to the involved Revenue Authority.

straightaway upon registration of the conveyance document with the involved Sub-Registrar, you may not get absolute possession details in their records in respect of the property. Upon verification of the documents created out there to them for transfer of Khatha in your name in conjunction with the prescribed fees, the involved Revenue Authorities can build necessary entries in their records indicating the ownership of the properties in your name. Copies of those documents area unit provided to you upon payments of prescribed charges. you may even have to pay capital levy to the involved Authority frequently.

Types of Khatha

These documents area unit known as completely different|in several|in numerous} names at different places such as; Khatha Certificate, Khatha Extract, Khatha Endorsement, Phani, Chitti or Adangal. it should be noted that the deed of conveyance is that the document through that someone derives a title or possession of the property and Khatha Certificate and Khatha Extract solely attest such ownership. They area unit supporting documents to the Title deed.

The records maintained by the Revenue Authority shall contain details of property like size of the plot, location, built up area then on with a view to attain the precise quantum of capital levy payable by you as per norms prescribed. These documents are also used for identification of the person, World Health Organization is primarily liable for payment of capital levy. capital levy may be a charge found out upon consideration of the scale and usage of the property and every one the property Owners are duty certain to pay capital levy regularly.

The Khatha Certificate is one among the essential documents needed to be made for getting building license, trade license or for getting loans from Banks and alternative money establishments. though you wish to sell your property, you may got to turn out obligatorily copies of the revenue records viz., Khatha Certificate, Khatha Extract and also the latest tax paid receipt at the time of Registration of Sale Deed within the territorial Sub-Registrar’s workplace, Khatha Extract would offer AN account of assessment of a property for payment of capital levy.

Applying for Khatha

Only property owners will apply for Khatha Certificate upon payment of up-to-date property tax and the prescribed fee. However, the Khatha Extract may be applied by anybody, upon payment of requisite fees per property for one extract. The Khatha Certificate and extract may be applied at the workplace of the territorial Asst. Revenue Offices or at any processed counter established by the metropolis Mahanagara Palike.

Holder Khatha

Whenever, the title documents don't seem to be fitted out to the involved Revenue Authority and also the property with super structure is in possession of AN dweller, the property are assessed to capital levy registering khatedhar as ‘Holder’ to guard the interests of the Corporation Revenue. This Holder Khatha are regularised on the assembly of Title Deeds and on payment of improvement charges. General Power of lawyer (GPA) Holders of a property with super structure on it can even apply for Khatha in their name, wherever the Khatha are registered as ‘Holder’ and taxes are collected from such touchstone Holders.

New Khatha Registration

Applications for Khatha Registration is also filed in Asst. Revenue workplace on with documents mentioned in the Sarala Khatha theme Book. Documents repose alia embody Sale Deed, Mother Deed, Encumbrance Certificate, National Savings Certificate and sketch showing the positioning details, in conjunction with the necessary fees of 2 % of tax paid on the Conveyance Deed and betterment charges, where applicable.

Bifurcation and symptom of Khatha

When a property is split into 2 or additional elements, there's bifurcation and once there's merger of 1 or additional properties along there's symptom. A changed Khatha must be obtained in each the cases.

Transfer of Khatha

Khatha may be got transferred from the Vendor’s name to the Purchaser’s name upon the Registration of Conveyance Deed by following the prescribed procedure. Applications for Khatha Transfer is also filed in Asst. Revenue workplacer’s Office in conjunction with the documents mentioned within the Sarala Khatha theme Book. The Sarala Khatha theme Book offers all the small print regarding the services of the Revenue Department, documents to be filed, fees to be paid, schedule of your time for the services and additionally the rates for assessment of capital levy beneath the self-assessment theme. Documents to be b to the applying area unit an equivalent as for brand spanking new Khatha Registration in conjunction with up-to-date tax paid receipts. buyer of such property is susceptible to pay two % of tax as Khatha Transfer Fees.

Payment of Property Tax

Property tax may be paid in 2 annual installments. The property for the primary [*fr1] year can got to be paid inside sixty days from the date of commencement of the assessment year. The second installment must be paid inside sixty days from the date of commencement of the half of the assessment year. Payment of capital levy beyond 60 days as mentioned above will attract penal interest.
R.T.C.

RTC suggests that “Records of Right, residency & Crops for inspection”. RTC relates to Khatha of agricultural properties and it's otherwise known as as “Pahani”. It is a very important document for agricultural land. RTC is issued by the Village controller beneath Rules forty, 42, fifty eight & seventy of state Land Revenue Rules, 1966. RTC is a terribly vital document to trace title of agricultural property. It contains the subsequent details:

1.    Survey variety,
2.    Hissa Number/Sub Number,
3.    Total extent of Land & Kharab Land,
4.    Revenue Details,
5.    quite Soil,
6.    Patta,
7.    No: of Trees,
8.    Total extension cultivated through irrigation, 
9.    Owner of possession within the land (column),
10.    quite possession,
11.    alternative Rights & Miscellaneous,
12.    Cultivation & tenancy details &
13.    Use of land & types of crops.

RTC column serial Nos. twelve & thirteen contain total sixteen sub columns. It shows cultivator of the land, year and residency details, quite crops, details of water of growth of crops, details of water resources, average production of crops/acre and alternative details.
Mutation Extract

Mutation is known within the Revenue Department as a Transfer of Right. 

Mutation is formed by the Village controller within the Register of Mutation. 

Mutation is issued in kind No: eleven beneath Rule forty six of state Land Revenue Rules, 1966. It contains seven columns as elaborated below:

i.    Sl. No. shows mutation no: and year,
ii.    No: of relation to preliminary record or Taluk workplace or Sub-Registrar or alternative workplace,
iii.    Nature of Rights,
iv.    Survey no: and sub-division of details,
v.    Order details to the enquiry Officers,
vi.    Date of entry within the Preliminary Record or Record of Right &
vii.    Date of issue of notice to the involved parties.

Village Panchayath Khatha Form No: 9

The Gram Panchayath can issue Khatha in kind No: nine beneath Rule thirty five of state Panchayath rule Rule, 1995. It contains the following details:

a.    Property no: and details,

b.    Owner of the land and

c.    Total extent of the property with boundaries and annual tax.
Form No: ten

It is a requirement register of assessment of the annual year. The Gram Panchayath can issue kind No. ten beneath Rule thirty five of state Panchayath rule Rule, 1995. It contains the following details:

•    Property no:

•    Owner’s name and tax fixation for the assessment year &

•    The details of the tax (i.e., sanitary, education, health, library, property tax, electricity tax and water tax).

•    Instead of kind nine & kind ten, kind one & kind No: twelve area unit currently issued that contain similar details in respect of properties set within the Village Panchayath space.

•    It is advisable that for peaceful possession and delight of your property with an absolute, clear and marketable title, you have got to induce the Khatha transferred in your name straightaway upon purchase.

An Article Regarding "REQUIREMENT OF AGREEMENTS"

REQUIREMENT OF AGREEMENTS

 

The various modes of transfer of property ar Sale, Mortgage, Lease, Exchange, Gift etc., of these transfers ar subject to general principles of Transfer of Property and contract below the Indian Contract Act, 1872.  This has been expressly declared in Sec. four of the transfer of property Act, that states that, “The Chapters and sections of this Act that relate to contracts shall be taken as a part of the Indian contract Act, 1872.”

Now to this point as agreement & contract thinks about, it's considerably essential to grasp

a)    What is valid agreement?
b)    When agreement becomes contract?
c)    What is that the impact of agreements created not in step with the law?

The term “agreement” has been outlined in Sec 2(C) of the Indian contract Act, 1872 as, “Every promise and each set of guarantees, forming the thought for every different, is AN agreement”.

Consideration:

One person is alleged to create a promise to the opposite, if his /her provide is accepted by the opposite person. once this promise is supported by thought, it becomes a contract. thus initial and foremost demand of agreement is, it should are supported by the thought.   However, the thought isn't AN determinant think about sure cases as careful in Section twenty five of Indian Contract Act
 

-> Gift to close & pricey ones,

-> Something given for past service
-> Acknowledgement of your time barred debt.

Requirement:

The second vital demand of agreement, for AN agreement to be enforceable by law, it should fulfill the conditions began in Sec – ten of the Indian contract Act.  They are :
 

-> Agreement should be created

-> By competent parties,

-> With free consent,

-> For lawful thought and

-> For lawful object.

Sec – eleven of the Indian Contract Act defines competent parties as, those persons World Health Organization have

-> Attained the age of majority

-> Are of sound mind, and
-> Are not disqualified by any provisions of law.
 

The age of majority for any individual is eighteen years below the Indian Majority Act. just in case of an individual is stricken by any psychopathy throughout sure intervals of your time, he or she will be able to enter into AN agreement throughout the time such person is of sound mind. currently the question that arises for thought is that if person is drunk or intoxicated because of medication will he enter into AN agreement. during this quite scenario, if the intoxicated person is in position to know and appreciate the professionals and cons of terms and conditions of the agreement, there's no bar for the inebriated person to enter into AN agreement. However, just in case of any disputes, it's to be established to the satisfaction of the court that the person stricken by psychopathy, below intoxication was in a very position to know the terms, professionals and cons of agreement.

Another demand for an individual to enter into AN agreement is that, such person mustn't are disqualified by any law in effect like economic condition Act.

Free Consent:
 

The parties to the agreement ought to have united to the terms with free consent. Any consent is alleged to be free, once it's not given below.

-> Coercion,

-> Undue influence,

-> Fraud
-> Misrepresentation.

In case consent is given below by any of on top of parts then the agreement or contract becomes rescindable. The impact of rescindable contract is that the contract becomes enforceable solely at the choice of the party whose consent has been taken by coercion or undue influence or fraud or deceit. below rescindable contract if any property is sold-out, the customer gets a sound title see you later the contract isn't off on the bottom that contract is rescindable.

Lawful Object:
 

U/S 10, the third & fourth essential demand of agreement ar :-

-> Lawful thought &

-> Lawful object.

If the thought and object of contract isn't lawful, then such agreement becomes void, Contracts or misappropriated contracts u/s twenty three & twenty four of the Indian Contract Act.  If any property is sold-out below void or misappropriated contract, then customer wouldn't get valid title to the property. Void contracts aren't enforceable.

Consequences of void, rescindable or misappropriated contracts .

If a contract is asserted as void, the transferee of property wouldn't get valid title to the property, the position of parties is like as if they're not entered into the contract in any respect. thus u/s sixty four of the contract Act, the parties ar susceptible to come the benefits they need taken below void contract.

As declared earlier, in rescindable contract the transferee can get a sound title, see you later the contract isn't off by the party whose consent was obtained below coercion, undue influence, fraud, deceit. Such party has got to exercise his choice of treating the contract as void inside the limitation amount, that is 3 years. just in case of misappropriated contracts, if one party has given or delivered one thing to the opposite party constant can't be recovered in any respect.

For Know More

Property Registration

An Article Regarding "Person’s exempted from look at registration workplace"

Person’s exempted  from look at registration workplace

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.

For More:

Property Registration

An Article about "Need for a Real Estate Act for Regulation and Development"

Need for a Real Estate Act for Regulation and Development

The promoter regulation acts of various States attempted to deal with what could be considered as excesses by the real estate sector i.e., (i) collecting huge amounts even prior to the approval of construction proposals, (ii) creating a mortgage on the property before or after entering into an agreement of sale with third parties, without letting them know of the mortgage, (iii) not delivering apartments in time, (iv) changing approved plans midway, (v) not transferring apartments to individual flat purchasers or to housing societies, with the fond hope that the FAR / FSI in the area would increase and they could benefit, (vi) collecting huge maintenance fees and siphoning it off through inflated charges, (vii) issuing misleading advertisements, etc. All these and other issues ought to be taken care of by the Law,and cannot be left to market forces, since the hard- earned lifetime savings of citizens are involved. Despite some States bringing laws, there is no denying that the Real Estate sector is still one of the most unregulated, in so far as relations between the developer / promoter / builder and the purchaser are concerned. As such, there is an imperative need for a model Real Estate ( Regulation and Development ) Act.

The Central Government had announced a Model Real Estate (Regulation and Development) Act, which was put up for discussion before it was brought before Parliament. It envisages regulatory and appellate authorities to regulate, control and promote development by construction, sale, transfer and management of residential apartments. Though the model legislation is a welcome move to bring discipline to the sector, the proposed legislation is not binding on States, which have to enact separate legislations. 

The regulatory authority proposed is in addition to existing authorities under different local, planning, revenue and tax establishments. There are dozens of licenses and approvals to be obtained prior to starting development and, taking into consideration the way our systems work, the new proposed authorities would only delay approvals, add to the cost and create additional structures that would only set the clock back.

This is the era of liberalization. The proposed legislation will only take the real estate industry back to the license raj era. Creation of additional authorities has always led to more corruption. Exorbitant demands by authorities invariably lead to delays and cost escalation, ultimately borne by the purchaser. Power to such authorities has traditionally led to its misuse, and no system to deal with this menace has yet been discovered. Especially in the Real Estate sector, promoters ought to be made responsible and liable, so that the excesses complained of by the citizens and investors are taken care of by Law administered through Courts.

Requirements for Drafting a Deed

Before drafting any kind of deed of transfer, it is very important to incorporate all the necessary requirements for an effective enforcement of such deeds apart from giving legal sanctity, which requires due diligence and a thorough scrutiny. The following are the essential requirements:

Nature of the Deed

The deed has to specify the description of the deed, such as "This Deed of Sale", "This Deed of Mortgage", "This Deed of Agreement to sell", etc, which may not necessarily be in Bold letters, but is preferable in order to highlight the nature of the deed.

Date of Execution

It is very important to mention the date of execution of the deed since the same is required for determining the limitation and also for registration of such conveyance in the revenue records of the concerned revenue departments. The date of execution of the document may vary from the date of registration, since the documents can be presented anytime within four months from the date of execution for registration.

Parties to the Deed

All the necessary persons having interest in the property intended to be conveyed have to be mandatory made as parties to the deed in order to avoid any future legal disputes likely to be raised by the parties having interest over the property. It is also important to properly depict the status of each party to the deed.

Recitals

The deed shall contain the previous history pertaining to the property in a precise way, explaining the nature of the interest and motive behind the execution of such deed, which authenticates the title, which is called Recitals in legal parlance.

Habendum

This part of deed speaks about the interest in the property that the purchaser is being conveyed such phrases as "To Have and To Hold". This phrase can be seen in almost all the sale deeds.

Covenant

A covenant is an agreement wherein either or both the parties to the deed bind themselves to certain terms and conditions which create an interest over the property, which may be express or implied. In recent times, with the advent of Apartment culture, it is very necessary to incorporate covenants of various types besides those for maintenance of common areas and facilities in the deed.

Testimonium

This is the part of the deed which states that the parties have signed the deed. This is very important in order to prove authentication of the execution of the deed and the involvement of the proper parties having interest in the property in legally conveying the property to the parties of the other part.

Testatum

This IS the witnessing clause wherein the witnesses signing the deed are introduced, along with their names, addresses and signature. This clause is also very important for the reason that the witnesses also play an important role to prove execution of the document. However, it is advisable that both the witnesses are from purchaser/ transference's side 

Operative Words

This part of the deed depends upon the nature of conveyance. However, operative words clearly depict the intention of the parties conveying the property in favour of the other party/ies, which IS necessary for passing of the title.