Property legal opinion|Property Registration|Business lawyers
Can a
registration of a document be claimed as a matter of right? Indian Registration
Act, 1908, has below section17 prescribed bound documents that are obligatorily
registered able and below section 18, the documents, the registration of that
is optional. in and of itself will anybody claim as a matter of right,
registration of a document that is obligatory below section17 of Indian
Registration Act 1908.Vareious States have amended the most Registration Act
and have framed rules there below.
Karnataka Government
has inserted a brand new section 22-A, with result from 23.10.1976 that
empowers the government to ban the registration of bound documents as against
public policy, by notifying in official gazette, and therefore the registering
officers shall refuse to register any such document.
Government
of state through Revenue Secretariat Notification No. RD/141
MUNOMV/2005,
date.23/04/2005, has in exercise of powers given below section 22-A of
Registration Act as amended by Karnataka Act 55 of 1976 has declared
registration of following documents as against the general public policy. This
can be effective from 06/05/2005.
1. Site with
or without building in agricultural land that isn't converted for
non-agricultural purpose below section95 of state Land Revenue Act
1964.
2. Site
described as Gramathana site (form no. 9, 10) or alternative website declared
below type no.19 below rules framed below state Municipality Act 1964, however
not really regenerate as site.
3.site on a
revenue land described as Gramathana site or alternative site or a site with
a building on that no layout set up is approved and a release certificate is
issued from native coming up with authority like BDA, BMRDA, BIAAPA, BMIC.
4. site on a
revenue land represented as Gramathana site or alternative site, fiats,
industrial site, industrial site, while not requisite permission below
section 79A and 7B scan with section 109 of state Land Reforms Act.
Thus the
transfer of only the following properties is allowable.
a)Properties
falling below Bruhat Bangalore Mahanagara Palike.
b)
Properties assigned by BDA
d)
Properties in layouts approved by alternative native coming up with authorities
like BMRDA, BlAAPA, BMIC etc.
In the preamble
the notification, it's explicit that a lot of properties are registered
supported bogus and fabricated documents that don't depart this world legally
perfect title to the buyer. In several cases, the agricultural land is
transferred by registration as non-agricultural land while not really changing
it to a non-agricultural purpose in accordance with Section 95 of
state Land Revenue Act 1964 and state land grant Rules 1989. This has led to
haphazard growth of city and alternative cities.
More,
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