OCCUPANCY CERTIFICATE

OCCUPANCY CERTIFICATE

Occupancy Certificate is a critical record. It confirms the building's fulfillment according to the endorsed arrangement and consistence of nearby laws.Nearby bodies like;City Corporations/City Municipalities issue Occupancy Certificates.Without Occupancy Certificate, it is hard to get the water and sterile associations.Money related Institutions additionally demand Occupancy Certificate.

Issues as for issuance of Occupancy Certificate emerge because of infringement of building Law, which are expanding step by step. In spite of the fact that the general population have spent their well deserved cash on the task with a fantasy of owning a house, they couldn't involve the house for need of Occupancy Certificate. They need to languish over none of their shortcomings.

Having put their valuable cash in such structures and subsequent to sitting tight for a long time to get Occupancy Certificate, the Purchasers are compelled to involve the pads even without force, water and sewage associations rather than losing the property.

In one of the cases, a Builder was not able to acquire the Occupancy Certificate. After a drawn out hold up, he asked for his Purchasers and gave over the lofts without force, water and sewage associations. He put the whole fault on the Revenue Authorities and vanished. The Occupants needed to locate their own particular manners.

Getting the plans' approbation has turned out to be only a convention and an easygoing undertaking. No one will submit to that. It is only an archive to be created amid assessment. Amid the blast time, a Builder developed a few houses and pads abusing building tenets and regulations. He veered off from the sanction building arranges and went ahead to develop lofts where he ought not have built. The Civic Authorities declined to give Occupancy Certificate notwithstanding the best endeavors of the Builder.

Meanwhile, the condo Purchasers on the supposition that things were occurring agreeable to them, performed house warming services and took ownership of the pads. When they spoke the truth to move in, the Builder uncovered the stunning news that despite the fact that he had developed the flats and houses to their preferring, the Authorities were not issuing Occupancy Certificate on one appearance or the other.

Another Builder developed little pads focusing on the Middle Income Group (MIG). The Authorities, be that as it may, declined to issue Occupancy Certificate in light of deviation from the endorsed arrangement. For this situation, the Builder got the arrangement endorsed for development of 4 abiding units, 2 on the ground floor and 2 on the first floor. Be that as it may, he did something else in gross infringement of the affirmed arrangement. Rather than developing 4 abiding units, he built 6 staying units. The persons, who put resources into Flats, are presently urgent, as they would lose their cash and the pads, if the Authorities choose to devastate the structure.

It is not just the level Owners are enduring. A couple of Builders, who show at least a bit of kindness for the contributing Public, too confront issues. One such Builder built 8 pads as per the building regulations and Bylaws and sanction building arrangement. He has finished 5 level and 3 stays to be finished. The Builder got full installment from five Purchasers while the other three retreated. This has put the Builder in a troublesome circumstance. For need of stores, three pads stayed fragmented and Occupancy Certificate couldn't be acquired as the Authorities will issue Occupancy Certificate when fruition of the whole development. The Financial Institutions declined to loan without Occupancy Certificate or No Objection Certificate from the Authorities. The net result was that the Builder was losing cash as well as the pads' Purchasers, who need to pay enthusiasm to the Financial Institutions. The Financiers too confront troubles in getting reimbursement of advance portions.

The Authorities in the plan of things must be rebuked for this situation. The examining Authorities don't do occasional and amazement visits at the development site. If there should be an occurrence of deviation, they ought to berate the Builder first and foremost itself and not at the banner end of the development. Dominant part of the Builders take after tenets and regulations however a couple don't. They resist principles and regulations and disregard them.This is an endless loop, which just the Government can break. Government must start prompt medicinal activity to stem the decay. The Authorities ought not be exceptionally unbending in allowing fulfillment of Certificates. In the event that the Builder has strayed somewhat more than the permitted rate, the Authorities may force a punishment and regularize the building.

The Investors too are in charge of this disaster. They don't check the Builder's precursors and his reputation. Before taking ownership, they don't check whether the building is as indicated by the understanding. Numerous don't request the Occupancy Certificate, Parent Documents, Title Deeds, Deposit receipts from the Builder.The Purchaser, who has not gathered the obliged archives, will need to confront different sorts of issues at a later stage.

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REQUIREMENT FOR A REAL ESTATE ACT FOR REGULATION AND DEVELOPMENT

REQUIREMENT FOR A REAL ESTATE ACT FOR REGULATION AND DEVELOPMENT

The promoter regulation demonstrations of different States endeavored to manage what could be considered as overabundances by the land division i.e., (i) gathering colossal sums even preceding the support of development recommendations, (ii) making a home loan on the property before or in the wake of going into an understanding of offer with outsiders, without telling them of the home loan, (iii) not conveying lofts in time, (iv) changing sanction arranges halfway, (v) not exchanging condo to individual level buyers or to lodging social orders, with the affectionate trust that the FAR/FSI in the zone would increment and they could advantage, (vi) gathering immense upkeep expenses and siphoning it off through swelled charges, (vii) issuing misdirecting commercials, and so forth. All these and different issues should be dealt with by the Law,and can't be left to market strengths, since the well deserved lifetime investment funds of natives are included. In spite of a few States bringing laws, there is no denying that the Real Estate area is still a standout amongst the mostunregulated,so far as relations between the designer/promoter/developer and the buyer are concerned. As being what is indicated, there is a basic requirement for a model Real Estate (Regulation and Development ) Act.

The Central Government had reported a Model Real Estate (Regulation and Development) Act, which was set up for exchange before it was brought before Parliament. It imagines administrative and re-appraising powers to direct, control and advance improvement by development, deal, exchange and administration of private flats. Despite the fact that the model enactment is an appreciated move to convey control to the division, the proposed enactment is not tying on States, which need to order separate enactments.

The administrative power proposed is notwithstanding existing powers under distinctive nearby, arranging, income and duty foundations. There are many licenses and regards to be acquired before beginning improvement and, looking into the way our frameworks work, the new proposed powers would just postpone supports, add to the expense and make extra structures that would just set the clock back.

This is the time of liberalization. The proposed enactment will just take the land business back to the permit raj period. Formation of extra powers has dependably prompted more debasement. Over the top requests by powers perpetually prompt postpones and cost heightening, at last borne by the buyer. Energy to such powers has customarily prompted its abuse, and no framework to manage this danger has yet been found. Particularly in the Real Estate division, promoters should be made dependable and at risk so that the abundances griped of by the nationals and financial specialists are dealt with by Law directed through Courts.

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NEXT STEP AFTER PURCHASE OF PROPERTY

NEXT STEP AFTER PURCHASE OF PROPERTY

The activities to be undertaken by the buyer of immovable property may be loosely classified into: Pre-registration and Post-registration activities.

Pre-registration requirements:Pre-registration activities involve characteristic the situation of the property, ascertaining the valid and marketable title of the seller, Legal scrutiny report, Mode of payment, Sale Agreement, etc. Before registration of the sale deed, it's important to verify all the relevant documents in original, in order to rule out subsistence of any kind of bank mortgages or encumbrances.

As the purchase of a property involves investment running into lakhs of rupees, availing the services of AN Advocate having enough expertise in property transactions would vastly facilitate the intending buyer in protective his right, title and interest in the property.

Post-registration requirements:Post registration activities are the steps to be undertaken by the buyer once registration of the sale deed. There are certain requirements to be fulfilled so as to urge valid title and to exercise ownership over the immovable property by the Purchaser.

The following are the essential activities needed to be administered by the purchaser:

1.To obtain Original Documents: the primary and foremost activity to be performed by the buyer is to get original documents of title from the vendor and compare them with the Xerox copies, that the purchaser’s advocate would have scrutinized. If the advocate necessitate alternative original documents or certified copies, guarantee production of a similar. it's forever recommended to use for certified copies of the sale deed.

2.Encumbrance Certificates: it's conjointly necessary to register the applying for updated encumbrance certificate within the Sub-Registrar workplace on the day of registration itself, that shall be from the date of stepping into AN agreement to the date of execution of sale deed.

3.Possession of property: Physical Possession of the property is of significant importance. it's recommended to examine the property each day prior to registration to create certain that the property is as per the sale agreement. one in every of the clauses to be incorporated within the sale agreement is that the seller shall deliver vacant possession of the property and also the buyer shall receive all the keys of the property at the time of registration. If need be, one could amendment the most door lock itself.

In case of vacant sites, it's necessary to place up a board with the wordings “This property is in hand by………….. Trespassers are going to be prosecuted”. Fencing of sites or putt up compound walls, tho' costly, is preferred. Periodical visits to the positioning are a requirement to notice any reasonably encroachment.

4.Transfer of Khatha and Khatha Extract of the property: once registration of the sale deed, the buyer should make sure that the Khatha within the records of the native bodies like Gram Panchayath, CMC or town Corporation is transferred in his name. For such transfer, it's necessary that each the customer and also the seller have to be compelled to sign the applying for transfer of Khatha, that is finished at the same time whereas language the sale deed. this is often necessary to avoid superfluous disputes and complications in future.

Duly crammed Khatha transfer applications have to be compelled to be bestowed before the involved workplace, together with a duplicate of the sale deed and receive necessary acknowledgement.

At the time of execution of sale deed, the seller should sign the subsequent documents:

- Khatha transfer application,

-Letter for transfer in favor of the buyer of Statutory deposits for electricity meter,

-Letter for transfer in favor of the buyer of Statutory deposits for water, sanitary affiliation,

-just in case of used sale of living accommodations, letter for transfer of living accommodations Membership and Corpus fund should be obtained by the buyer from the vendor.

The following is that the procedure concerned for transfer of Khatha:

- To gift an application within the prescribed type within the workplace of the City/Town Municipality or Corporation having jurisdiction together with the supporting affidavit giving all particulars needed within the application. within the affidavit, it's necessary to declare that you just are this owner.

- to surround certified copy of the sale deed with the most recent tax paid receipt of the property.

-To furnish Khatha Certificate within the name of your marketer.

-The sketch showing the neighbourhood giving particulars of the ward or zone, name of the road, etc and deposit the fee fastened.

Local bodies transfer Khatha within the name of the buyer once grouping a transfer fee that is mostly two of tax paid on the sale deed and issue written confirmation of transfer within the name of the buyer. Whereas transferring the Khatha, native bodies, re-assess the property and issue assessment notice within the name of the buyer. Further, tax paid receipt ought to be within the name of the new owner.

For the properties returning among the jurisdiction of BMP, computerised Khatha Certificate and Khatha Extract are going to be issued. Khatha Certificate is an attested document to prove the possession and possession of a selected person over the immovable property. whereas Khatha Extract reflects the particular sital space and engineered up space, if the building is existing. Further, land tax needed to be paid will be mirrored within the Khatha Extract, which is able to be found out once review.

5.Building License and Plan: If you're desiring to create material alterations or proposing to construct a brand new building on the property noninheritable  by you, it's necessary for you to urge the license and set up approved the native bodies among whose jurisdiction your property falls. this may be obtained solely once depositing the prescribed fees. so as to urge the License with approved set up from the authorities, the Khatha of the property should change your name within the revenue records of the involved native body and up-to-date taxes need to are paid. The conventional procedure for securing License with approved building set up is to get ten sets of blue prints of plans from commissioned architect/building engineer.

Construction should be commenced once the license is obtained and may be completed among two years from the date of getting the license and approved set up, which is able to be stipulated within the set up itself. However, you'll get an extension if the development couldn't be completed among the stipulated amount. Once the development of the new building is finished, you need to get such a house/building assessed anew and pay taxes as determined by the involved revenue authorities.

6. Power connection: once Khatha is transferred within the name of this owner, this owner should guarantee on whether or not the statutory payments/deposits in respect of the property together with the electricity charges are paid among the stipulated time. If recent or new electricity affiliation is to be obtained, it's essential to enlist the services of the commissioned Contractor. Variety of deposit to be created depends upon the requisitioned load or number of kilowatts needed. just in case the property is already maintained with electricity, an application should be bestowed by the buyer within the prescribed type before BESCOM or alternative competent authorities having jurisdiction, inclosure an official document declaring that you just square measure this owner and by filling up the particulars needed within the application together with the consent letter of the previous owner for such transfer. later on, the electricity meter are going to be transferred within the name of this Owner.

7.Water and sewerage connection: The buyer ought to conjointly verify the statutory payments/deposits created by the previous owner and collect such deposit receipts from the vendor. For recent connections, it's fascinating to enlist the services of a professional pipe fitter. Just in case your property already has water connections, then same procedure PRN for amendment of power affiliation should be followed. However, the documents are to be bestowed before the involved authority.

8. Corpus Fund and Club Membership: If the buyer desires to purchase an living accommodations, it's conjointly necessary that the seller should issue a letter for transfer of corpus fund and club membership within the name of the buyer.

9.Bank Loan:In case the buyer needs to avail loan then the buyer is needed to deposit all the relevant title documents in original with the Bank and acquire endorsement thereto impact from the involved Bank. However, it's recommended to stay xerox copies of such documents supposed to the deposited within the Bank for private records.

Thus, mere execution of the sale deed doesn't mechanically confer the title in favor of the buyer. an individual will fancy legal and peaceful possession and delight of the property solely once the post-registration activities are completed.

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SELECTING A VENDOR

SELECTING A VENDOR

While selecting a vendor/promoter, you need to look into his track record. This can be done by visiting earlier projects done by the Vendor or in case he is an individual, enquires could be made with people who have had transactions with that individual or with people living close to the property. Similarly you have to select a reliable real estate dealer to locate a suitable property.

Before investing your money in flats or any property, choose a well-known builder/developer/promoter. Do not get carried away by attractive colorful brochures.

Many builders have abandoned their projects in a semi-finished state exposing the purchaser to financial loss and mental agony. Investing in a flat which is under construction by unknown new builders is risky. Check the credentials of the builder before investing your hard earned money. Verify the track record of the builder for prompt delivery, construction standards, adhering to the agreed cost without escalation, providing amenities, before booking a flat. Ensure that there are no deviations from the development rules and also check the post sales service. It is preferable to opt for a ready-to-occupy flat. In doing so, the attendant risk of investing in a property to be developed can be avoided.

Do not be tempted by colorful advertisements and attractive offers, which mention that the said property is Bank approved or B.D.A. approved. Legal opinions from Bank or from the promoter should not be relied upon.  It is always advisable to obtain a proper legal opinion from eminent Lawyer before purchasing a property.  Further, claims of having obtained B.D.A. N.O.C’s or approval from B.D.A. or C.M.C., should not be taken as true in the absence of personal verification by self or through a lawyer, from the concerned department. The property scene is similar to the speculation industry; prices can either appreciate or depreciate, though the latter is rare. In fact it is the difference in the amount of gain in value and the time period taken to achieve such appreciation in value, which is important. Slow and poor appreciation in value is almost equal to depreciation while fast and large appreciation can give benefits like no other investment can and that too without any effort on the part of the investor. A thorough study of title, location, developments already in the area, the expected development in the area, other facilities already in place and surrounding places and a careful analysis of these factors before a purchase can ensure great benefits to the investor and greater peace and prosperity to the purchaser.

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SELECTING A LOCATION BEFORE SHOPPING FOR A PROPERTY

SELECTING A LOCATION BEFORE SHOPPING FOR A PROPERTY

Location is that the most significant facet before the choice of a property. There shouldn't be a city district close, an area of worship connected to the property or a drain line handy. The aim of shopping for a property determines the situation. It should be for self-occupation as a house or for investment purpose.

In case of house / flat for own occupation, a residential neighborhood shortly aloof from the guts of town is desirable. Continually choose approved layouts by applicable authorities that modify a personal to urge all the facilities at intervals the layout.

While choosing a vendor/promoter, you would like to seem into his journal. Equally you've got to pick out a reliable land dealer to find an acceptable space for the property. If anyone offers property at a less expensive rate as against the prevailing market rate, then its best, since it should associate with sure hidden issues, that are tough to trace.

The area ought to have well developed roads, smart drain and therefore the civic employees ought to do the rubbish clearance frequently. The Low-lying areas ought to be avoided as they get inundated throughout monsoons.

The proximity and accessibility to figure place, schools, market place, hospitals, railway,coach station and recreational centers is very important.The neighborhood ought to have adequate banking facility.Frequency of public conveyance, different modes of transport, handiness of public telephone booths etc., got to be looked into. A location that's way|shortly aloof from the trendy facilities and infrastructure and nevertheless far enough to avoid the pollution of town, is desirable. Like a district settled by tight, educated and civilised folks of cosmopolitan outlook. Make sure that the realm isn't home to anti-social parts.

There shouldn't be any manufacturing plant or workshop particularly those that add night shifts, within the immediate neighborhood. This ends up in sound pollution and sleepless nights aside from touching the standard of the ability provide. The realm ought to have regular provide of potable water, power provide and smart well water table for bore well.

Facilities like public park/garden for walks are value considering. The situation of a temple, place of worship or church and spiritual establishments that organize regular discourses during this age of stress and strain, may be a welcome issue. Aside from the on top of, the scale of the plot to fit your budget and therefore the permissible so much (Floor area Ratio) is very important. Vaastu is of individual preference.

If the acquisition is for investment purpose, the possibility of selling is that the necessary issue. A developing space is desirable to a developed saturated space. The investment in developing space is relatively low and worth appreciation is additional.

Non-availability of parking lot and traffic restrictions has an adverse impact on the worth of the property. Accessibility to the railway / bus stations, airport, star hotels and handiness of infrastructure facilities play a necessary role.

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HOLDING OF PROPERTY - BY PARTNERSHIP FIRM

Holding of property - BY PARTNERSHIP FIRM

A “Partnership” is typically defined as a relationship between individuals i.e. two or more persons, who have agreed to share the profits/ losses of the business, which is carried on by all or any one of them acting for all. Such persons are called “partners” and the business concern is known as “partnership firm”.  The document containing the terms of the partnership agreement, powers of the partners and objectives of the partnership is known as a “partnership deed”.

The Indian Partnership Act, 1932 (hereinafter called the “Act”), governs the conduct of the partnership business and the minimum number of partners prescribed is two, whereas the maximum number is 10 in case of firms doing Banking business and 20 in other cases. A minor can be admitted only to the benefits of the partnership business. The partnership concern is to be registered with the Registrar of Firms and on registration a registration certificate is issued.

Section 14 of the Act defines what constitutes Partnership property. The property of the firm is nothing but the joint property of the partners held in their joint names as opposed to the properties owned by the individual partners in their personal names. Partnership property consists of property originally brought in by the individual partners as their capital contribution or may consist of property purchased by the partners jointly out of the funds belonging to the partnership concern.

Issues may arise to determine the ownership/ title of the immovable property, in cases where either the property belonging to a partner is put to firm’s use or in cases where the immovable property is jointly owned by the partners i.e. by the partnership firm and the same is converted and title to a jointly held property is conferred to an individual partner. In such cases the courts have drawn a judicious line to distinguish and differentiate between the two.

Section 22 of the Act states that in order to bind the firm and all its partners thereof, every act must be done in the name of the firm or expressly on behalf of the firm. It is desirable to make the firm duly represented by one or more of its partners as a party to any such transaction. It is also clarified that a mere description of the signatory that he/ she is a partner of a firm may not be sufficient to bind the firm. In cases where an immovable property is to be acquired or sold off by way of purchase/ sale or by way of lease or otherwise, it is essential to make all or some of the partners as parties and not just the firm in its name.

A Partnership is not a legal entity and the name of the partnership firm is only a collective expression representing all the partners constituting the firm. Thus a transfer of property can only be made by or in favour of a legal or juridical person as provided in Section 5 of the Transfer of Property Act.

A Partnership firm unlike a Company registered under the Indian Companies Act, does not have a separate legal identity, different from partner and a partnership firm cannot sell or purchase property in its name.  A partner has no implied authority to sell or buy any immovable property on behalf of the partnership.  The legal entity is the partner himself.  All partners in their individual capacity should also join as parties to the agreement to sell or to the conveyance deed and execute it in their individual capacity. When an immovable property is transferred to a firm it vests in all the partners of the firm and not in the firm, since the firm has no separate legal existence.

At certain times, a single partner represents the partnership firm, which is not a correct practice.  In such cases, the said partner should have power of attorney or authority of other partners to execute the documents. Even if a partnership is formed between an individual and a partnership firm the deed of the partnership should be signed by all the partners of the firm. Transfer of property by or in favour of a firm without the names of partners is ineffective.

However, the distribution of the assets of the firm on dissolution, where a partnership property is divided or distributed among partners or taken over by one or more partners from others, does not amount to transfer of property and needs no registration.  Such a deed attracts stamp duty under a separate category Dissolution deed and not as a conveyance deed.

If the property purchased was in the name of a partner of the firm and on his death, his share, right, interest in the property would vest in his heirs or legal representatives. In case of transfer of such property, the heirs/legal representatives of the deceased partner should also join the execution of the document.  

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REFUSAL TO REGISTER THE DOCUMENTS

REFUSAL TO REGISTER THE DOCUMENTS

Registration of documents of immovable properties is compulsory according to Section 17 of the Indian Registration Act, 1908 and Section 54 of the Transfer of Property Act, 1882. However, there are certain circumstances under which the registering authority can refuse registration of documents. Both the Indian Registration Act, 1908 and the Karnataka Registration Rules, 1965, provide for refusal to register the documents under certain circumstances. The refusal could be on the ground of jurisdiction of the sub-registrar or for non-compliance of rules and procedure. Some of the grounds on which there could be a refusal by the sub-registrar to register a document are listed below:

1.The document is in a language not understood by the registering officer, or a language not commonly used in the district: and translated version of the same is not produced along with the document.

2.The document has corrections, alterations, erasures, interlineations blanks, which are not attested by the executants.

3.The description of the property is insufficient to identify and the document is not accompanied by a copy of the map, plan as required by the relevant provisions.

4.The document is presented after prescribed time limit.

5.The document is presented by a person who has no right to present it.

6.The executants or their authorized representative, assigns, agents did not attend  to registration within the prescribed time.

7.The sub-registrar is not satisfied as to the identity of the person appearing before him as executants or he is not identified to the satisfaction of the sub-registrar.

8.The date of execution is not mentioned in the document or correct date is not possible to be ascertained or the date of execution is altered making it impossible to ascertain.

9.The Sub-registrar is not satisfied as to the right of person appearing as agent or representative or assignee.

10.The execution is not admitted by person said to have executed or his agent.

11.The person supposed to have executed the document is a minor, idiot, lunatic, not competent to contract.

12.In case where the executants is dead and the execution by such deceased person is denied by his representative or assignee.

13.In case of more than one representative of the deceased and when some of them admit the execution and others deny the execution, it will be treated as refusal and registration may be refused.

14.The death of the person who is supposed to have executed is not conclusively proved when the document is presented by his representatives or assignees.

15.The sub-registrar is not satisfied as to the fact of execution of Will presented after the death of the testator or donor.

16.The prescribed fee, penalty under any other law in force for time being has not been paid.

If the refusal is on grounds other than denial of execution, the Sub-registrar is required to endorse the document “Registration refused” and also record his reasons in prescribed books. The person executing the document or any person claiming under such document may request the sub-registrar to provide him a copy of the reasons for refusal, which shall be furnished without unnecessary delay and no fee shall be charged. In this connection, Section 71(1) of the Indian Registration Act is relevant and is reproduced below:

                  

71 (1). Every Sub-registrar refusing to register a document, except on the ground that the property to which it relates is not situated 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. When a document is refused to be registered and endorsed accordingly, the recourse open to the aggrieved person is to file an appeal to higher authorities and orders thereon obtained.

Appeal to The Registrar [Sec.72]:

When the registration of a document is refused on grounds other than want of jurisdiction or on denial of execution, the aggrieved party may appeal in writing to Registrar of the District or Officer in charge, District Registrars office, along with a copy of refusal order and the document.  The appeal may be presented by the appellant himself or agent or through his advocate. The appeal shall be preferred within 30 days from the date of refusal order. If the document is in possession of some other person, other than appellant and requires time to present such documents the registrar will grant time.

Further, in cases where the sub-registrar is satisfied that the executants is deliberately keeping away to avoid registration or has gone to a distant place and not likely to return within prescribed time to admit registration, the sub-registrar may refuse to register the document treating the absence of the executants  as denial of  execution the persons claiming under such document or their agents may appeal in writing to the registrar within 30 days of the order of refusal supported by a copy of the reasons for refusal and the document along with verification of the statements made in the appeal. as is done in the case of plaints. In the case of denial of execution, only the claimant under such document or his agents shall appeal and the application shall be duly verified. In other cases the appeal may be filed by the executants or claimant or his agent. In the case of refusal to register the Will after the death of the testator by the sub-registrar, the appeal can be filed by the executor of the will before the Registrar.

Enquiry  of  the  Registrar:

The Registrar will cause enquiry as to the execution of the document, compliance of the requirement under the various laws, payment of appropriate stamp duty etc. The Registrar may waive the requirement of enclosing a copy of the reasons for refusal to register a document by sub-registrar along with the appeal or application and decide the matter on merits either agreeing with the decision of the Sub-registrar or by reversing the decision of the sub-registrar. However, in respect of appeals filed on the grounds of insufficient details to identify the properties, Registrar has no authority to call for further description of the property.

On being ordered by the Registrar for registration of the document in reversal of the order of the sub registrar, such document are required to be presented for registration within 30 days of such order. Upon such presentation of document for registration, the concerned sub registrar shall proceed to register such document. The registration of such document shall be operative from the date on which it was first presented for registration and refused and not from the date of actual registration.

Appeal  against  the  order  of  the Registrar:

The Registrar shall record his reasons for refusal and furnish a copy of such reasons to the appellant. There lies an appeal against the decision of the Registrar to the Civil Court within whose limits the Registering Authority's office is located. Such an appeal is to be filed within 30 days of the Order of refusal by the Registrar.

Opposed  to  public  policy:

In addition to the above, registration of a document could be refused on the ground of opposed to the public policy. The Government of Karnataka Act No.55 of 1976 has inserted section 22-A in the Registration Act, 1908 where under the State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public  policy  which is effective from 23.10.1976. Similarly, the Government of Karnataka has promulgated Karnataka Ordinance No.3 of 2006 which has come into force w.e.f. 11th December, 2006, imposing a ban on the transfer of agricultural lands for non-agricultural purposes without getting such lands converted or without obtaining prior approval of the competent authority.

The ordinance notifies eight types of offences and the punishment thereon in this regard. According to the ordinance, any sale transaction in contravention of the ordinance would attract imprisonment for three years and fine of Rs.10, 000/- upon such contravener. Similar punishment would attract the public servant entrusted with the responsibility of maintenance of records on his failure to report to the competent authority or to initiate action against unlawful conversion of revenue land for non- agricultural purpose. As the ordinance is not explicit on many counts, there is a lot of confusion in the minds of the public as well as the Sub Registrars particularly with regard to the identification of a fake land conversion order from the original, obtaining land conversion certificates in respect of property of several decades old but situate within the jurisdiction of BMO and CMC., etc. This has given leverage for the sub-registrars to further harass the already gullible public.

It is high time that the Government clarifies its ordinance No.3 of 2006 thread-bear with illustrations wherever necessary so as to put the system functional in an orderly way and also save the public from the unnecessary harassment.

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