Workshop on Best Practices in Land Records 16th February, 2015 Dr. Srikant Pandey, Deputy Inspector General of Registration, Bhopal.
Proposed important amendments to the Registration Act, 1908 Post Registration Spot Verification. Digitization of registered documents of 13 years. Insertion of definition of electronic form under Section 2(4-A) of the Registration Act, 1908. Insertion of new sub-sections 17(1)(f) and 17(1)(g) in the Registration Act, 1908. Insertion of Section 22-A in the Registration Act, 1908. Insertion of a new Section 80-B to the Registration Act, 1908. Insertion of a new Section 82-B to the Registration Act, 1908.
Insertion of Sections 89-A, 89-B and 89-C in the Registration Act, 1908. Transparency in preparing the market value guidelines. Transparent and simple Schedule 1-A of the Indian Stamp Act, 1899. Consolidation and updation of exemptions notification.
Bill has been passed in the State Assembly and is awaiting approval of GOI. Amendment of section 2 (4-B) - electronic signature shall have the same meaning as assigned to it in clause (ta) of subsection (1) of section 2 of the Information Technology Act, 2000 (No. 21 of 2000). Amendment of section 17(1)(h) - any other instrument required by any law for the time being in force, to be registered.
Amendment of section 20 - Documents containing interlineations, blanks, erasures or alterations - (1) The registering officer may in his discretion refuse to accept for registration any document in which any interlineations, blanks, erasures or alterations appear, unless the persons executing and claiming under the document attest with their signatures or initials such interlineations, blanks, erasures or alterations. Amendment of section 21 - Description of property and maps or plans - (1) No non-testamentary document relating to immovable property shall be accepted for registration, unless it contains a description of such property along with a map and photographs showing its location and nature, sufficient to identify the same.
Substitution of section 32-A - Compulsory affixing of photograph, etc. - Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph, thumb impression and signature to the document: Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph, thumb impression and signature of each executant and claimant of such property mentioned in the document shall also be affixed to the document.
Amendment of section 34 - Enquiry before registration by registering officer (1) Subject to the provisions contained in this part and in Sections 41, 43, 45, 69, 75, 77, 88, 89, 89-A and 89-B, no document shall be registered under this Act, unless the persons executing such document or their representatives, assignee or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under Sections 23, 24, 25 and 26. Provided that when any document as notified by the State Government is presented in electronic form, personal appearance shall not be required,
(2) Appearances under sub-section (1) shall be simultaneous, (3) The registering officer shall thereupon- (ab) enquire whether or not the document is duly stamped as per provisions of the Indian Stamp Act, 1899,
Amendment of section 57 (5) - All copies given under this Section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents, Provided that when a registered document is electronically signed and stored in a database authorized by Government under the Rules then subject to the provision of section 67A of the Indian Evidence Act, 1872 (No. 1 of 1872), copies thereof may be downloaded / issued from the said authorized database and the same shall also be admissible for the purpose of proving the contents of the original document
Insertion of section 63-A - Presentations etc may be done in electronic form (1) All presentations, endorsements, filing, certifications, signatures and maintenance of books and indexes required under the Act, may be done in electronic form, as per procedure, if any, laid down under the rules. (2) All books and indexes that are open to public inspection, may be made available for inspection through a Government website or the Electronic Registration System as notified by the Government for the purpose.
Substitution of section 82 - Penalty for making false statements, false recitals, delivering false documents, or copies or translations, false personation and abatement
The Registration Act, 1908 deals with the documents only. The Apex Court in the case of DD Seal v RL Phumra AIR 1970 SC 659 has held that what is registrable under this Act is a document, not a transaction. There is no provision for spot verification in the Registration Act, 1908. If the parties to the document give false recitals with an intention to evade the stamp duty, it is punishable under Section 27, readwith Section 64 of the Indian Stamp Act, 1899.
It is observed that Sub-registrars keep pending documents even after registration for spot inspection. Now Sub-registrar delivers the document after registration on the day of its presentation. Post registration, property inherent in the document is inspected and if recitals are found untrue, case is registered u/s 47-A(3) of the Indian Stamp Act, 1899.
For loan cases lawyers require search report from old registered documents. For this purpose update indexing is very essential, which can not be done manually looking to a large number of registered documents. We have started digitization of registered documents of past 13 years zone-wise by service providers selected through Tender.
In the year 2010 by a State amendment to the Registration Act, 1908 we have inserted definition of electronic form as Electronic form shall have the same meaning as assigned to it in clause (r) of sub-section(1) of Section 2 of the Information Technology Act, 2000.
In the year 2010 by a State amendment to the Registration Act, 1908 we have inserted new sub-sections 17(1)(f) and 17(1)(g), which make the following documents compulsorily registrable - (f) any document which purports or operates to effect any contract for sale of any immovable property, and (g) power of attorney relating to sale of immovable property in any way.
The object of the Act is to guard against the fabrication of false documents. In other words the real purpose of registration is to check forgery, to provide good evidence of the genuineness of written instruments, and not merely to give information to third parties. In various decisions of the Courts it is held that the object of registration is to protect against prior transaction. In this context in the year 2010 by a State amendment to the Registration Act, 1908 we have inserted a new Section 22-A, which provides non-acceptance of registration of document regarding the property already conveyed by a registered document by the same person.
This Section says Notwithstanding anything contained in this Act or any other law for the time being in force, no registering officer shall accept for registration any document relating to the sale of any immovable property, if the property comprised therein has already been conveyed or permanently alienated by the same person or his representative, assignee or agent in favour of any other person by a registered document, unless the previous registered document is cancelled by order of a Court.
It was observed that there was no provision in the Registration Act, 1908 which empowers the Government to reduce or remit registration fees. In this context in the year 2010 by State amendment we have inserted a new Section 80-B, which provides that the State Government may, if it is necessary in public interest so to do, by order published in the official Gazette, reduce or remit, in the whole or part of the Madhya Pradesh, the fees payable in respect of any matter or matters enunciated in clause (a) to (i) of Section 78, 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.
In the year 2010 we have inserted a new Section 89-B which provides that notice to be sent to registering officer by mortgagor after creation of mortgage by depositing title deeds. To make this provision mandatory for the mortgagor, in the year 2010 we have inserted a new Section 82-B providing punishment for failure to file notice under Section 89-B. This Section says that any person who fails to file a notice under Section 89-B before the registering officer within the period specified in that Section shall be punished with imprisonment for a term which shall not be less than one year but which may extent up to three years and shall also be liable to fine.
By a State amendment to the Registration Act, 1908 we have inserted new Sections 89-A, 89-B and 89-C. Section 89-A provides that copies of Court decrees, sale certificates by Competent Authority, attachment orders, written demands under Revenue Recovery Act to be sent to registering officers and filed in registers.
Section 89-B provides that notice to be sent to registering officer by mortgagor after creation of mortgage by depositing title deeds and provision for compensation in favour of subsequent transferee. Section 89-C is related to the power to make rules for filling of true copies of documents and notices referred to in Section 89- A and 89-B.
In the State market value guidelines are issued by District Collectors and revised by them every year. The procedure for fixing minimum rates is very transparent. Before finalizing the rates, the provisional market values are published for suggestions from public.
The Apex Court in the case of Veena Hasmukh Jain v State of Maharashtra AIR 1999 SC 807 has held that it is open to the legislature to levy duty on different kinds of agreements on difference rates. In this context we have recently introduced a new Schedule 1-A of the Indian Stamp Act, 1899 by making various changes in the rate of stamp duty as well as by charging some new documents as Bank guarantee, Declaration etc. The Supreme Court in the case of Hindustan Steel Limited v Dilip Construction Company AIR 1969 SC 1238 has also held that the Stamp Act is a fiscal measure enacted to secure revenue for the State on certain classes of instruments.
The State Government has recently notified consolidated list of exemptions in stamp duty (Article wise) as well as registration fees, by superseding all previous notifications. This has made the exemptions easy to understand by the general public.
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