REGISTRATION ACT, 1908 (KERALA AMENDMENT)

Section 17 - Documents of which registration is compulsory

(1)    The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:--

(a)    instruments of gift of immovable property;

(b)    other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;

(c)    non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d)    leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

[1] [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]

Provided that the [2] [State Government] may, by order published in the ^{[3] [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.}

[4] [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]

(2)    Nothing in clauses (b) and (c) of sub-section (1) applies to?

(i)    any composition deed; or

(ii)    any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or

(iii)   any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv)   any endorsement upon or transfer of any debenture issued by any such Company; or

(v)    [5] [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi)  any decree or order of a Court ^{[6] [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or}

(vii)   any grant of immovable property by ^{[7] [Government]; or}

(viii)  any instrument of partition made by a Revenue-Officer; or

(ix)    any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x)    any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or

[8] [(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]

(xi)   any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or

(xii)   any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.

^{[9] [Explanation.--A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]}

(3)    Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.

[STATE AMENDMENTS

KERALA:

^{[10] [In sub-section (2) omit clauses (ix) and (x).]}

^{[11] [In Section 17}

Omitted.]

^{[12] [In Section 17}

(i)     in sub-section (1), after clause (e), the following clauses shall be inserted, namely:--

(f) Instruments purporting or operating to effect a contract for the sale of immovable property of the value of one hundred rupees and upwards;

(g) Power of attorney creating any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant.";

(ii)    in sub-section (2),' the Explanation shall be omitted.]]]

Section 19 - Documents in language not understood by registering officer

If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

[STATE AMENDMENTS

KERALA:

^{[13] [In section 19, the words "and also by a true copy" shall be omitted.]}

^{[14] [After section 19, insert the following new section:--}

"19A. Documents presented for registration to be accompanied by true copies thereof.--

(1)   No document shall be accepted for registration unless it is accompanied by a true copy thereof.

(2)   The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules may be made in this behalf."]

^{[15] [In Section 19}

Omitted.]

^{[16] [After Section 19}

The following section shall be inserted, namely:-

"19A. Documents presented for registration to be accompanied by true copies thereof.-

(1)   No document shall be accepted for registration unless it is accompanied by a true copy thereof.

(2)   The true copy referred to in sub-section (1) shall be neatly hand written, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf.".]

^{[17] [Same as that in Kerala.}

Section 23A - Re-registration of certain documents

^{[18] [23A. Re-registration of certain documents}

Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

STATE AMENDMENTS

^{[19] [Kerala:}

Malabar--Omit section 23B inserted by Madras Act 17 of 1952 as in force in the Malabar District.

Section 45 - Proceedings on death of depositor

(1)    If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover, and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.

(2)    When such copy has been made, the Registrar shall re-deposit the original will.

[STATE AMENDMENTS

^{[20] [Amendments to section 45 are the same as in Kerala.}

KERALA:

^{[21] [In section 45,--}

(i)??? in sub-section (1), for the words "cause the contents thereof to be copied into his Book No. 3", substitute the words "cause a true copy of the contents thereof to be made and filed in his Book No. 3";

(ii)??? in sub-section (2), for the words "copy has been made", substitute the words "true copy has been filed".]

^{[22] [In Section 45}

(a)    in sub-section (1), for the words, letters and figure "cause the contents thereof to be copied into his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to be made and filed in his Book No. 3" shall be substituted;

(b)    in sub-section (2), for the words "copy has been made", the word "true copy has been filed" shall be substituted.]

^{[23] [Amendments to section 45 are the same as in Kerala.}

^{[24] [Amendments to section 45 are the same as in Kerala.}

Section 46 - Saving of certain enactments and powers of Courts

(1)    Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will.

(2)    When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid.

STATE AMENDMENTS

^{[25] [Amendments to section 46 are the same as in Kerala.}

KERALA

^{[26] [In section 46, in sub-section (2),--}

(a)    for the words "unless the will has been already copied", substitute the words "unless a true copy of the will has already been filed"; and

(b)    for the words "cause the will to be copied into Book No. 3", substitute the words "cause a true copy of the will to be made and filed in his Book No. 3".]

^{[27] [In Section 46}

(a)    for the words "unless the will has been already copied", the words "unless a true copy of the will has already been filed" shall be substituted;

(b)    for the words, letters and figure "cause the will to be copied into his Book No. 3 ",the words, letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall be substituted.]

^{[28] [Amendments to section 46 are the same as in Kerala.}

^{[29] [Amendments are the same as in Kerala, except that for the word "filed", the word "pasted" has been used.}

Section 51 - Register-books to be kept in the several offices

(1)   The following books shall be kept in the several offices hereinafter named, namely:--

A--In all registration offices--

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", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

(2)   In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.

(3)    In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.

(4)    Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

[STATE AMENDMENTS

KERALA:

^{[30] [In section 51,--}

(i) ?? for sub-section (2), substitute the following:--

"(2) In Book 1 shall be filed--

(i)?? true copies of all documents; and

(ii)?? all memoranda, registered under sections 17, 18 and 89, which relate to immovable property and are not wills.";

(iii)?? in sub-section (3), for the words "entered all documents", substitute the words "filed true copies of all documents".]

^{[31] [In Section 51}

(a)   for sub-section (2) the following sub-section shall be substituted namely:-

"(2) In Book I shall be filled-

(i)?? true copies of all documents; and

(ii)?? all memoranda, registered under sections 17, 18 and 89 which relate to immovable property and are not wills";

(b)    in sub-section (3), for the words "entered all documents", the words "filed true copies of all documents" shall be substituted.]

Section 52 - Duties of registering officers when document presented

(1)   (a) The day, hour and place of presentation, ^{[32] [the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;}

(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and

(c) subject to the, provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefore according to the order of its admission.

(2)   All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.

[STATE AMENDMENTS

^{[33] [Amendments to section 52 are the same as in Kerala.}

KERALA:

^{[34] [For clause (c) of sub-section (1), substitute the following namely:--}

"(c) subject to provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission."]

^{[35] [In Section 52}

The following clause shall be substituted, namely:-

"(c) subject to the provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission.'']

^{[36] [Amendments are same as in Kerala.}

Section 54 - Current indexes and entries therein

In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.

[STATE AMENDMENTS

KERALA:

^{[37] [In section 54, for the words "copied or filed a memorandum of", substitute the words "filed a true copy or memorandum of".]}

^{[38] [In Section 54}

The the words "copied, or filed a memorandum of, the words "filed a true copy or memorandum or shall be substituted.]

Section 55 - Indexes to be made by registering officers, and their contents

(1)   Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill and Index No. IV.

(2)    Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1.

(3)    Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

(4)    Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.

(5)    Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4.

 

(6)    Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs.

[STATE AMENDMENTS

^{[39] [Amendments to section 55 are the same as in Kerala.}

KERALA:

^{[40] [In section 55,--}

(i)??? in sub-section (2), for the words "documents entered or memorandum filed", substitute the words "document of which a true copy or a memorandum is filed";

(ii)?? in sub-section (4), for the words "authority entered", substitute the words "authority of which a true copy is filed";

(iii)?? in sub-section (5), for the words "document entered", substitute the words "document of which a true copy is filed".]

^{[41] [In Section 55}

(a)   in sub-section (2), for the words "document entered or memorandum, is filed", the words "document of which a true copy, or a memorandum, is filed: shall be substituted;

(b)   in sub-section (4), for the words "authority entered", the words "authority of which a true copy is filed" shall be substituted;

(c)    in sub-section (5), for the words "document entered", the words "document of which a true copy is filed" shall be substituted.]

Section 60 - Certificate of registration

(1)    After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word "registered", together with the number and page of the book in which the document has been copied.

(2)    Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned.

[STATE AMENDMENTS

^{[42] [Amendments to section 60 are the same as in Kerala.}

KERALA:

^{[43] [In sub-section (1) of section 60, for the words "the document has been copied", the words "the true copy of the document has been filed" shall be substituted.]}

^{[44] [In Section 60}

The words "the true copy of the document has been filed" shall be substituted.]

^{[45] [Amendments to section 60 are the same as in Kerala.}

Section 61 - Endorsements and certificate to be copied and document returned

(1)    The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1.

 

(2)    The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.

STATE AMENDMENTS

^{[46] [[47] [Amendments to section 61 are the same as in Kerala.}

KERALA:

^{[48] [For sub-section (1) of section 61 substitute the following:--}

"(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed alongwith the true copy of the document."

^{[49] [Same as in Kerala.}

Section 62 - Procedure on presenting document in language unknown to registering officer

(1)    When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office.

 

(2)   The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.

[STATE AMENDMENTS

^{[50] [Amendment to section 62(1) is the same as in Kerala.}

KERALA:

^{[51] [For sub-section (1) of section 62, substitute the following:--}

"(1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book."]

^{[52] [In Section 62}

The following sub-section shall be substituted, namely:-

"(1) When a document is presented for registration under section 19 the translation together with the true copy of the document shall be filed in the appropriate book."]

Section 69 - Power of Inspector-General to superintend registration offices and make rules

(1)   The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the ^{[53] [State Government], and shall have power from time to time to make rules consistent with this Act?}

(a)    providing for the safe custody of books, papers and documents; [54] [***]

[55] [(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]

(b)    declaring what language shall be deemed to be commonly used in each district;

(c)    declaring what territorial divisions shall be recognized under section 21;

(d)    regulating the amount of fines imposed under sections 25 and 34, respectively;

(e)    regulating the exercise of the discretion reposed in the registering officer by section 63;

(f)     regulating the form in which registering officers are to make memoranda of documents;

(g)    regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;

[56] [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]

(h)    declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;

(i)     declaring the holidays that shall be observed in the registration offices; and

(j)    generally, regulating the proceedings of the Registrars and Sub-Registrars. 

(2)    The rules so made shall be submitted to the ^{[57] [State Government] for approval, and, after they have been approved, they shall be published in the [58] [Official Gazette], and on publication shall have effect as if enacted in this Act.}

[STATE AMENDMENTS

KERALA:

^{[59] [In section 69 after clause (b) of sub-section (1) insert the following clause:--}

"(bb) providing for grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licence shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."

Note.--Clause (bb) inserted in sub-section (1) of section 69 by the Indian Registration (Travancore-Cochin Amendment) Act, 1952 (T.C. Act 25 of 1952) is omitted.]

^{[60] [In Section 69}

The following clause shall be inserted, namely:-

"(bb) providing for the grant of licences to document writers, the revocation of such licences the terms and conditions subject to which and the authority by whom such licences shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."]

^{[61] [Same as that of Kerala above.}

Section 71 - Reasons for refusal to register to be recorded

(1)    Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2)    No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

STATE AMENDMENTS

KERALA

^{[62] [In Section 71}

The following sub-section shall be inserted, namely:--

"(3) No registering officer shall accept for registration any document involving transfer of property including contract for sale of immovable property belonging to or vested in the Government of Kerala or public sector undertakings operating in the State or local self government institutions unless it is accompanied by a no objection certificate issued by an officer authorised by the State Government in this behalf.".]]]

Section 78 - Fees to be fixed by State Government

^{[63] [***] The [64] [State Government] shall prepare a table of fees payable--}

(a)    for the registration of documents;

(b)    for searching the registers;

(c)    for making or granting copies of reasons, entries or documents, before on or after registration;

and of extra or additional fees payable--

(d)    for every registration under section 30;

(e)    for the issue of commissions;

(f)     for filing translations;

(g)    for attending at private residences;

(h)    for the safe custody and return of document; and

(i)     for such other matters as appear to the Government necessary to effect the purposes of this Act.

[STATE AMENDMENTS

^{[65] [Kerala:}

Renumber section 78 as sub-section (1) thereof and after it insert the following as sub-section (2), namely:--

"(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1) either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons."]

^{[66] [In Section 78}

The following sub-section shall be inserted, namely:-

"(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons."]

 

Section 81 - Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure

Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

STATE AMENDMENTS

KERALA:

^{[67] [In section 81,--}

(a)    for the words "or registering of any document", substitute the words "registering, or filing a true copy of, such document";

(b)    for the words "or registers such document", substitute the words "registers, or files a true copy of, such document".

^{[68] [Same as in Kerala.}

Section 82 - Penalty for making false statements, delivering false copies or translations, false personation, and abetment

Whoever--

(a)   intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or

(b)   intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c)    falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or

(d)    abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

[STATE AMENDMENTS

^{[69] [Amendment to section 82(b) is the same as in Kerala.}

KERALA:

^{[70] [In clause (b) of section 82, for the words "section 19 or section 21", substitute the words "this Act or the rules made thereunder".}

[71] [Same as in Kerala.

^{[72] [Same as in Kerala.}

^{[73] [Same as in Kerala.}

^{[74] [Same as in Kerala.}

 

Section 83 - Registering officers may commence prosecutions

(1)    A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, ^{[75] [***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.}

(2)    Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.

[STATE AMENDMENTS

Kerala

^{[76] [After Section 83}

The following sections shall be inserted, namely:--

"83A. Cancellation of registered documents in certain cases.--

(1)    If on enquiry by an officer in the Registration Department not below the rank of the deputy Inspector General of Registration, it is found that some one has falsely personated another, and in such assumed character presented, admitted the execution and got registered any document by a registering officer and the existence of such a document is detrimental to the interest of another person, the same shall be cancelled by the Inspector General of Registration on application made to him in such form as may be prescribed.

(2)   If on an enquiry conducted by the District Collector suo motu or on the basis of a complaint received by him, it is found that any Government land or land owned by a public sector undertaking, has been transferred on the strength of a document which is got registered without following the procedure prescribed in sub-section (3) of section 71, the District Collector may make recommendation to the Inspector General of Registration to cancel the registration of such document.

(3)   On receipt of such recommendation from the District Collector, the Inspector General of Registration shall have the authority to cancel the registration of such document after following such procedure as may be prescribed.

83B. Appeal to Government from orders of the Inspector General of Registration.--

Any person aggrieved by an order of the Inspector General of Registration under section 83A, may prefer an appeal before the Government within thirty days from the date of receipt of such order, and the Government shall pass an order confirming, modifying or cancelling the order of the Inspector General of Registration as they deem fit.".]]]

Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1)    Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

(2)     Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3)     Every officer granting a loan under the Agriculturists' Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4)    Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

[STATE AMENDMENTS

KERALA:

^{[77] [In section 89,--}

(a)    omit sub-sections (1) and (3);

(b)    after sub-section (4) add the following sub-sections:--

"(5) Every court passing--

(a)    any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of or of any person, or

 

(b)   an order for attachment of immovable property or for the release of any immovable property from attachment, shall send a copy of such decree or other together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of memorandum in his Book No. 1.

(6) Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act for the time being in force shall--

(a)   send a copy of such written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21; and

(b)    where such written demand is withdrawn or attachment of property is lifted or the property is sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand relates is situate and such registering officer shall file copy of the written demand and the memorandum in his Book No. 1."]

^{[78] [After section 89, insert the following section:--}

"89A. Power to make rules for filing of true copies of documents.--

(1)   The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

 

(2)   In particular, and without prejudice to the generality of the foregoing power, such rules may provide for?

(a)   the manner in which true copies of documents shall be prepared; and

(b)    the manner of filing such copies.

(3)   All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)    Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."

Note.--For Indian Registration (Filing of True Copies) Rules, 1967, see Kerala Gazette, dated 30th December, 1967 Extra, (w.e.f. 8-1-1968).