Friday, September 18, 2015

REGISTRATION PROCEDURE FOR ATTENDING AT PRIVATE RESIDENCE


Karnataka registration rules 1965 has formulated procedure for attendance of the registering officer at private residence. The relevant rules are detailed in chapter 10 and under rule nos. 56 to 32.Any application for attendance at private residence shall be in writing and have to be signed by the person who requests the attendance at his residence shall be in writing and has to be signed by the person who requests the attendance at his residence.

Such letter may be presented by any person to the registering officer. The request has to be complied with as early as possible. If such attendance at private residence disturbs the regular routine of the office or requires closure of office and if the case does not fall under section31 of the Indian Registration Act, a commission may be issued, which means another person other than the registering officer may be requested to attend the private residence and complete the registration formalities.

The attendance of sub-registrar at private residence or issuing commission has to be reported to the registrar within 24 hours. The Sub-registrar shall not proceed out of his sub district for this purpose, but registrar may attend the private residence situated in his district though it may not be situated within the sub district under his immediate charge.

The commissioner appointed to attend the private residence will give evidence and the registering officer will examine the commissioner personally in his office connected with discharge of his commission and voluntary nature of admission of execution.

During the course of attendance if the registering authority has to record the admission or execution of persons not exempted from personal appearance in respect of the same document executed by a person exempted from personal appearance, the registering authority may comply with the request provided attendance fee is levied.

Section88 of the Act refers to documents, which are executed by Government officers or certain public functionaries who are exempted from personal appearance. Any officer of the government, any administrator general, official trustee or official assignee, the sheriff, receiver or registrar of High Court, any holder of such other Court, any holder of such other public office as is notified in the official Gazette of the State government are exempt from personal appearance or through their agents in connection with registration of any instrument executed by them or any document executed in their favor in their official capacity. They are also exempted from signing the document for admitting the execution as required under section58 of the Act.

When documents are forwarded by government officer with a covering letter stating that documents executed by him be registered, the covering letter will be sufficient to satisfy the genuineness of the signature of the executants. If such document is presented by a private party, who is also a party to the document, the registering authority will satisfy as to the genuineness of the signature by a brief enquiry. The fact of exemption from personal appearance and presentation of the document by covering letter will be endorsed.

Certain category of documents like copies or orders, certificates and instruments need not be presented for registration but may be sent to the registering office for filing as per section89 of the Act. In the following cases, copies have to be forwarded to the Jurisdictional registering officer under whose jurisdiction the immovable property in question is situated:

a)Every officer granting a loan under Land Improvement Loans Act 1883. Every court granting a certificate of sale of immovable property under Civil Procedure Code, 1908.
b) In case of loans under Land Improvement Loans Act 1883, details of the land to be granted as collateral security.
c) Every officer granting loan under Agriculturists Loan Act 1884 has to forward, a copy of the document whereby the immovable property is mortgaged to secure repayment of the loan and a copy of such order.
d) Every Revenue officer, who grants a certificate of sale to the purchase of immovable property sold in public auction.
The registering officer will file the copies of such orders, certificates, and instruments in book No.1. The concerned officers need not appear in person at registration office.
State Government has made rules as to the mode of making copies and manner of filing copies.

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