Use our app for the best experience
Available for Android & iOS
Orissa Registration Rules, 1988
(i) These rules may be called the Orissa Registration Rules, 1988.
(ii) They shall come into force on the first day of January, 1990.
(iii) These rules shall extend to the whole of the State of Orissa.
The Orissa Registration Rules, 1988, govern the procedures related to the registration of documents, fees, penalties, and associated duties in the state of Odisha. Section R.1 specifically pertains to the commencement and scope of the Rules, establishing the authority and framework for the registration process.
Section R.1 of the Orissa Registration Rules, 1988, typically states that the Rules shall come into force on a date specified by the government and shall apply to all registrations made under the Registration Act, 1908, within Odisha. It clarifies the scope, authority, and applicability of the Rules, ensuring uniformity and legal backing for registration procedures.
While Section R.1 itself primarily deals with commencement, violations related to non-compliance with registration procedures, fees, or falsification of documents can attract penalties under the Registration Act, 1908, and Rules. These may include:- Fine- Imprisonment (up to 7 years for abetment or forgery)- Cancellation of registration- Legal proceedings for fraud or misconduct
In conclusion, Section R.1 of the Orissa Registration Rules, 1988, establishes the foundation for the effective implementation of registration procedures in Odisha, ensuring legal sanctity, procedural uniformity, and accountability, with penalties prescribed for violations to uphold integrity and transparency in document registration.
**- [Section 51, Odisha Registration Rules, 1988]- [Rule 159, Odisha Registration Rules, 1988]- [Section 83(1)(b), Odisha Registration Rules, 1988]- [Section 39, Registration Act, 1908]- [Section 61(2), Registration Act, 1908]- [Rule 160, Odisha Registration Rules, 1988]- [Manual of Stamp Duty & Registration Fees]- [Judgments: Satya Narayan Das v. Govt. of India, 39; Sarat Kumar Malu v. State of Orissa, AIR 1984; Kuril Tirla v. State of Orissa, AIR 1988]- [Amendment Rules, 2017, Odisha Registration (Amendment) Rules]
Note: The specific language of Section R.1 may vary; the above is a synthesis based on standard provisions and typical framing of such rules.
In these rules, unless the context otherwise requires-
(a)"Act" means the Registration Act, 1908 (No. XVI of 1908);
(b)"Appendix" means an Appendix to these rules;
(c)"Authorised holiday" means a holiday notified by the State Government or by any other authority authorised by the State Government;
(d)"Index" means the indexes mentioned in Section 55;
(e)"Inspector" means Inspectors of Registration Offices appointed under Section 8 of the Act;
(f)"Registration Office" includes a Registrar's, Sub-Registrar's and a Joint Sub-Registrar's Office;
(g)"Registering Officer" includes a Registrar, a Sub-Registrar and a Joint
(1) The office hours of all Registration offices, shall be the hours fixed by the Government for Revenue Offices, as hours of working and such of the changes if any, shall be made known to the public by a notice, exhibited on the office Notice Board.
(2) Hours for presentation of documents - Documents shall ordinarily be accepted during the first three and half hours of the office hours and this shall be made known to the public by a notice in the above manner.
The holidays to be observed in registration offices shall be those as notified by the State Government or by any other competent authority authorised by the State Government from time to time.
A notice stating where the registering officer resides shall be affixed outside each registration office.
(1) When two or more offices are established in a sub-district as Office of Sub-Registrar or Office of Joint Sub-Registrar each of the officers appointed to be in charge thereof shall be designated as Sub-Registrar or Joint Sub-Registrar, as the case may be, and shall have concurrent jurisdiction over the whole subdistrict, subject to the limitation of allotment of duties by the Registrar of the district.
(2) The senior most of the Officers so appointed under Sub-rule (1) shall sign and be designated as Sub-Registrar and the other as Joint Sub-Registrar.
(1) When a Joint Sub-Registrar is appointed, as a temporary measure, to assist a Sub-Registrar, he will have no separate office or establishment but will work with the other permanent Sub-Registrar, the documents registered by both Sub-Registrars being entered in the same returns and registers and indexed in the same sheets.
(2) In case referred to in Sub-rule (1) one of the Sub-Registrars may complete the registration or authenticate the entry of a document admitted to registration by the other Sub-Registrar, when circumstances arise which prevent the latter officer from performing these duties.
(3) Each Officers will be held responsible for the work done by him though the Sub-Registrar will be generally responsible as the head of the office.
The Seals prescribed by Section 15 shall always remain in the personal custody of the registering officer for whose use they are respectively provided and shall be kept under lock and key when not in use.
The seal shall be used in authenticating -
(1)The certificate endorsed on a registered instrument to the effect that all fees payable under Section 80 have been paid;
(2)Powers of attorney under Section 33;
(3)Summons issued under Sections 36 and 75 and commissions issued under Section 33 and 38;
(4)Certified copies given under Section 57;
(5)Memoranda and copies forwarded under Sections 64 to 66;
(6)Copies of orders with reasons for refusals to register under Sections 71 (1) and 76(1);
(7)Certified copies other than those referred to above granted to parties;
(8)Encumbra
Seals which have become unfit for use and are replaced by new ones, and the seals of offices which have been permanently closed, shall be destroyed in the presence of the District Sub-Registrar, who shall make a note of the destruction in the Stock-Book of Furniture.
When the seal of any registering officer becomes illegible by use or otherwise, an indent with a sample of inscription shall be submitted to the Director of Stationery, Printing and Publication through the respective District Registrar promptly for the supply of a new one. On receipt of the new seal the old one shall immediately be returned to the District Registrar for destruction.
If a Registering Officer finds himself temporarily un provided with the prescribed seal, registration shall nevertheless proceed as usual and such documents as have been transcribed shall remain in his custody until the seal can be affixed to the registration certificate.
The register books as prescribed hereinafter shall be supplied to the registering officer by Government as per their requirement.
(1) Each Registrar's office shall be the Central office of records for the district. But the records of subordinate offices will be preserved in those offices where accommodation is available and in offices where accommodation is not available the following records will be consigned to the Central Record Room, (a) Completed volumes of Register Books number-1 together with the file book containing the copies referred to in Rule- 96 (b) Completed volumes of Register book number-3 and 4 and indexes number I, II, III and IV.
(2) The Registrar, on receiving indexes number I, II, III and IV from Sub-Registrar Office, if unbound, shall bind them separately for each Sub-Registrar Office.
Government shall apply to each Registrar's office fire proof boxes or steel Almirah for the preservation and safe custody of valuable documents and sealed covers that are required to be preserved permanently.
The registers and file books shall contain such number of pages as the Inspector-General may from time to time prescribe.
All other books and records necessary for a Registration Office shall be maintained in the manner prescribed by the Inspector-General of Registration from time to time.
Every Registering Officer shall be responsible for the preservation and safe custody of all registration records and documents including those of previous year such have accumulated in or have been transferred to his office.
Books may also be kept in computer floppies or diskettes or in any other Electronic Form in the manner as may be determined by the Inspector-General of Registration from time to time.
1.Ins. vide O.G.E. No. 735 dated 31.5.2002. (Notfn. No. SRO 494/2002 dt. 30.5.2002).
The following languages shall be deemed to be commonly used in all the Registration Sub-District of Orissa.
Languages - Oriya and English
(1) When a power of attorney is presented for attestation or when an attested power of attorney is produced by an agent with, or in connection with, a document presented for registration and it is written or authenticated or both written and authenticated in a language or languages not commonly used in the district, the registering officer shall if he does not understand the language, demand a true translation of the power or the endorsement or authentication as the case may be, in English or in a language commonly used in the district.
(2) The translation shall be certified to be a true translation and shall be signed by the presentant.
(3) The stamp venders endorsement on a document shall be signed by the presentant.
(4) The stamp venders endorsement on a document shall be considered to be a part of the document and if it is in a la
(1) All documents presented for registration shall be in a language which is commonly used in the district. When a document is in a language not commonly used in the district shall be accompanied by a translation into a language commonly used in the district and also by a true copy. In cases of documents whose copies are meant to be transmitted to other offices, a copy of the translation of the document in the language accepted as official of that office shall also be furnished for such transmission. Documents shall be refused acceptance if not complied with the above requirements.
(2) Such translations and copies shall be kept in the file book referred to in Rule 96(b)(iii) a references being made to the said file on the right hand margin of the page on which the translation is copied in the register book.
(3) When translations are cop
If a document is brought for registration within the prescribed time, the Registering Officer shall see whether it contains by unattested interlineation, blanks, erasures or alternations of the kind mentioned in Section 20 of the Act; and if the executant appears personally. He shall be required to attest all these interlineations, blanks, erasures and alterations and if he appears by a representative or agent in attestation by such representative or agent shall be accepted if the interlineations, blanks, erasures or alternations are of an unimportant character if the cause for such acceptance is shown.
These interlineations, blanks, erasures or alternations, if individually not attested, may be certified by note at the end of the document duly signed by the executant or executants or as aforesaid, by representative or agent.
If these ar
The description of the "territorial division" required by Section 21 of the Act shall, as far as practicable, give the following particulars :
(a)the registration districts, sub-districts, Tahasil and Thana;
(b)any well known division, such as Pragana, Bisa Mostha and Mouza;
(c)the village, Hamlet or suburb in which the property referred to in a registrable document is situated;
(d)revenue district, if they are different from Registration district.
(1) If property is described in a supplementary document by specific reference to an instrument which has been already registered or of which a true copy has been filed under Section 65 or 66 in the office in which the document is presented for registration and if that document contains the particulars required by the rules in force, the description need not be repeated in a supplementary document.
(2) In the case of villages where survey and settlement operations are complete and final record-of-rights issued, the description of property shall contain all the details as described in the record-of-rights, viz. Village Number, Khata Number, Plot Number, classification of land and the area noted in the record-of-rights and the local names, if any, used.
(3) In case of part-plots, the four boundaries shall be furnished.
Every document, on being tendered for registration shall be examined by the Registering Officer in regard to the following points :
(i)that it has been presented at the Proper Office (Sections 28, 29 and 30);
(ii)that it bears the proper stamp or is exempted from or is not liable to stamp duty;
(iii)that it is in a language deemed to be commonly used in the district, or is accompanied by a true translation into such a language and a true copy (Section 19);
(iv)that in case of any interlineation, blank erasure or alteration, Section 20 and Rule 22 have been complied with;
(v)that if the document is non-testamentary and relates to immovable property, the description thereof is sufficient (Section 21);
&n
A document, other than those referred to under Section 88 shall not be accepted for registration if transmitted by post. A document referred to under Sub-section (2) of Section 88 may be presented through a messenger with a covering letter signed by the Government Officer or other person referred to under Sub-section (1).
If the requirement of the law have been complied with in respect of all these particulars indicated in Rule 25 and there are no impediments to the acceptance of a document for registration, a certificate of admissibility in Form No. I Appendix II, shall be endorsed on the face of the document 1[or such endorsements may also be made through the Computer] and shall be signed and dated by the Registering Officer.
1. Ins. vide O.G.E. No. 735 dated 31.5.2002. (Notfn. No. SRO 494/2002 dt. 30.5.2002).
After endorsing on a document the certificate of admissibility referred to in Rule 27, the Registering Officer shall receive the registration fees and fines, if any, payable under Sub-section (1) of Section 25 and shall enter the respective amount thereof on the document closed to the said certificate.
The Registering Officer shall endorse on the document, the date, the hour and the place of presentation and take the signature of the presenting party to such document.
And at the same time a requisite entry shall be made in the Fee-Book after completion of necessary enquiry envisaged under Section 34.
(I) The amounts of fees and fines, if any, paid shall be respectively endorsed on the receipt granted under Section 52(1)(b) in Form No. 12, Appendix - I 1[or such receipt may also be prepared through Computer whenever required.]
(II) Receipts in receipt book shall in triplicate and the duplicate and triplicate copies shall be Carbon copies.
(III) The duplicate and triplicate copies of the receipt shall be delivered to the presentant. The duplicate receipt shall be produced for getting back the document and the triplicate may be retained by him for his record.
NOTES - (a) Any subsequent fees paid on a document shall be entered in the duplicate and triplicate receipt (if produced) and the duplicate shall then be posted on to its original.
(b)Signatur
Acceptance of a document for registration by a Registering Officer at his private residence is forbidden.
A document for registration under Section 28 or a will for deposit under Section 42 or an application for accepting a document for registration or a Will for deposit at private residence under the proviso to Section 31 or for examination of a person under Sub-section (2) of Section 38 at his private residence may be accepted on an authorised holiday on the grounds of special urgency subject to prepayment of fees prescribed therefore.
(1) Whenever, it appears to a Registering Officer that a document presented for registration is not duly stamped he shall not realise the registration fees, but shall impound the document at once under Section 33 of the Indian Stamp Act, 1899 and shall enter it without delay in the Register of Impounded Documents (Form No. 37 Appendix I).
(2) The headings prescribed in Form No. 12 in Appendix II shall as far as practicable be filled up in the receipt granted to the presentant under Section 52 Clause (b) of Section 52(1) and the words "Document impounded" shall be recorded in red ink on the said receipt under the registering officer's signature.
(3) If the document is chargeable with duty under the Court Fees Act, 1870 and is unstamped or in sufficiently stamped, it shall be returned to the party presenting it in order that the stamp duty
(1) When an impounded document is received back from Collector with his certificate that it is duly stamped or is not chargeable, the Registering Officer shall send a notice immediately to the presentant, by registered post, requesting him -
(a)to appear on or before a fixed date with the receipt which was given to him on presentation of the document;
(b)to pay the necessary fees on or before a fixed date;
(c)if the admission of execution was not recorded before to take steps for the registration of the document and on his complying fully with such request the registration shall be proceeded with.
(2) The said fees may be taken either from the presentant, if he appears, or from the person nominated in writing in that behalf on the receipt, and the r
If the executant of a document in doubt about the proper stamp duty and consults a Registering Officer on the subject before formal presentation, the required information, may be given without impounding the document. It should be explained to the executant at the same time that if he wishes to obtain an authoritative opinion, he must apply to the Collector under Section 31 of the Indian Stamp Act, 1899.
(1) A registering officer may require that the date of execution shall be entered in a document presented for registration whenever it is not found therein.
(2) The date of execution of a document is the date on which it is signed by the party and the date which a document bears as its head is not necessarily the date of its execution though it is prima facie so.
(3) The date on which a certificate of a sale by a Civil or Revenue Court was signed by the Court shall be taken as the date of execution for registration purposes.
(4) Alterations of the date of execution - An attestation in the date of execution of a document made ostensibly for the purpose of evading payment of the penalty leviable under Sections 25 and 34 shall not be recognised and the document shall be treated as having been exe
(1) Every copy of a map or plan accompanying a document shall be in duplicate and be certified to be a true copy and shall be attested by the signature of the person executing the document or of his duly authorised agent. The Registering Officer shall sign and seal the map or plan. The copies shall be filed in the File Book maintained under Rule 96, a cross reference being noted on the map and the copy entry.
(2) When a document containing a map or plan is presented under Section 23-A for re-registration the parties shall be required to deposit fresh copies of the map or plan under Sub-section (4) of Section 21 but the Registering officer shall certify the copy of the document made in the register-book on re-registration that the map or plan attached to such document is the same as that which was attached to the document on its first presentation.
(1) When two or more copies of the same document are admitted to registration at the same time, each copy shall be separately numbered in the Fee-Book and Register Book. All endorsements shall be written upon each copy.
(2) The duplicate, triplicate and other copies must be exact reproduction of the original and of the original and bear the same date and must be certified by the executing parties to be true and the exact copies of the original should any discrepancy be detected, the presentant shall be required to reconcile it before the document is accepted for registration. If the original contains a map or plan or any annexure, a true and exact copy of such map, plan or other annexure shall be annexed to the duplicate, triplicate and other copies also.
A document tendered for re-registration shall be treated in all respects if it were a new document. It shall be recopied in its altered form and full fees levied. If there be insufficient room on the back of the document for the new set of endorsement required, they shall be written or contained on a separate piece of paper as provided in Rule 127, only the endorsements including the certificate of admissibility on the left hand margin of the book, previous endorsements already made in the document being copied in the body of the copy in order as they appear on the original deed.
(1) When a document is presented under Sub-section (1) of Section 25 to a Sub-Registrar, he shall examine it with regard to the particulars mentioned in Rule 25 and submit it forthwith to the Registrar, with the application referred to in Sub-section (2) thereof recording or the document only the endorsement under Clause (a) of Sub-section (1) of Section 52 whether or not he considers the reason for delay satisfactory. If the Registrar returns the document with a direction that the document should be accepted for registration the Sub-Registrar shall deal with it in the same manner as documents presented within the time allowed for registration, adding on it the following endorsement : - "Accepted for registration as per direction of the Registrar of .....................in No................ dated ................. issued under Section 25, Sub-section (1) of the Registration Act (XVI of 1908)" When, however, the Registrar dec
(1) - When a document has been presented to a Sub-Registrar for registration within the period prescribed by Section 23, and the executant fails to appear to admit execution within that period the Sub-Registrar shall immediately after the expiration of the said period, record a formal refusal to register, leaving it to the parties to appeal to the Registrar under Section 72 :
Provided that the Sub-Registrar shall not record such an order if the presentant has, before the expiration of the said period, initiated proceeding under Section 36 to procure the appearance of executant. He should wait till the disposal of such proceedings but not beyond eight months from the date of execution.
(2) In the case of an appeal referred to in Sub-rule (1), the Registrar, if satisfied on the appearance of the executant before him that the executant's no
(1) A document in respect of which time for acceptance is extended under Section 25, should be refused registration immediately after the expiration of the period of eight months from the date of its execution if the executing parties fail to appear within the said period to admit execution thereof before the Sub-Registrar. In such a case, an appeal lies to the Registrar under Section 72 :
Provided that no such document, shall be refused to registration if its presentant has, before the expiration of the said extended period, initiated proceeding under Section 36 to procure the appearance of the executant. The Sub-Registrar should wait till the disposal of such proceedings but not beyond a period of twelve months from the date of execution.
(2) In the case of an appeal mentioned in Sub-rule (1) no direction for the registration of the d
A Registering Officer shall record his refusal to register the document under Section 35 as soon as he is satisfied that the summons has been served according to law and the executant has refused or neglected to appear on the appointed date.
NOTE - Where an executant of a document does not appear to admit execution, notwithstanding issues of process against him, the Registering Officer shall decide for himself whether registration shall be refused on the ground of wilful non-appearance, tantamount to denial of execution and in coming to a decision on this point, he may admit the testimony of the claimant or of his representative or agent that the executant is wilfully keeping out of the way.
(1) The procedure prescribed by Rule 41 shall apply also in the case of documents referred to in Section 26 provided that the period of four months referred to in that rule and may extended period allowed under the proviso to Sub-section (1) of Section 34 must be reckoned from the date of such documents in India and not from the date of their execution.
(2) Such documents shall not, under any circumstances, be admitted to registration more than eight months from the date of their arrival in India.
Procedure in the case of the documents executed partly in and partly out of India - In the case of a document executed by some of the parties in and by others out of India, the party presenting the document may proceed at his option under Section 23 or Section 25 instead of Section 26 and if he does so, the provisions of the above instructions
(a) The fines for delays in presentation and appearance under Section 25 and 34 shall be regulated according to the scale prescribed in the table of fees.
(b) When a document is presented for registration in duplicate or triplicate, the fine referred to in Sub-rule (a) shall be calculated as on the original document.
(c) Documents refused registration for delay in presentation and appearance, if represented for registration either under an order passed by a Registrar in an appeal or under an order of a Civil Court should be assessed with fines leviable for the delay based on the dates of original presentation or appearance as the case may be besides the usual registration fees.
(1) When a document is presented for registration, or the execution thereof is admitted, more than four months after execution and the Registrar decided that the document should be admitted to registration, he may either :
(a)register the document himself, in which case the extra fees prescribed in Article D of the table of fees, as well as the penalty imposed under Section 25 or the proviso to Sub-section (1) of Section 34, as the case may be, shall be levied, or
(b)direct the registration of the document, on payment of the said penalty, by any Sub-Registrar in whose office it could have been registered if presented within the said period of four months-
(2) In such cases the date on which the application was made to the Registrar for his decision shall be regarded as the date of presentation.
A document relating to immovable property which is situated partly within and partly outside the area to which the Registration Act applies may be registered in the office of the Registering Officer within whose jurisdiction any portion of the property is situate, but in such a case, the certificate of registration recorded under Section 60 shall show that the registration has been effected only as regards that portion of the property which lies within the areas where the Registration Act is in force in the following form viz :
Registered in Book-I
Vol.-
Pages-to
Being No.............for the year............... effecting property situated under ................. S.R.O.
Registering Officer
All applications for visits or issue of Commissions as the case may be under Sections 31, 33 and 38 shall be in writing, signed by the person, in all possible cases for whom attendance is required, shall be accompanied by the amount of the fee or fees chargeable as well as the amount of travelling allowance claimable by the Registering Officer or Commissioner and shall be entered in the register (Form No. 19 Appendix-1). No visit shall be paid or commissions issued until the said fee or fees and travelling allowance have been paid by the applicant.
A registering officer may attend the residence of an executant situated outside his jurisdiction for accepting a document for registration or deposit of a will under the proviso to Section 31.
(1) When the amounts referred to in Rule 47 are paid, in respect of a visit under the proviso to Section 31, the Registering Officer shall grant a receipt there for in Form No. 20 in Appendix-I.
(2) In the receipt granted under Section 52(b) in regard to the document in respect of which the application was made for visit as well as on the deed itself the payment of fees for visit including the travelling allowance shall be reproduced apart from the fees paid for the registration of the document under Rule 28.
When Commissions may be issued -
NOTES- (a) Commission can be issued only under Sections 33 and 38 of the Act. In cases under the second clause of Section 31, the Registering Officer, should himself attend at the residence of the person desiring to present a document or deposit a will. It
(1) A Commission issued under Section 33 or Section 38 shall, when the person to be examined resides within the Sub-district, be endorsed in the document in Form No. 5 Appendix-II and be addressed ordinarily by the Registering Officer to one of his clerks. When the person to be examined resides in another sub-district, whether within the same district or in another district the commission shall be endorsed on the document in Form No. 6 of Appendix-II and directed to the Sub-Registrar of the later Sub-district. The Sub-Registrar receiving a commission so addressed, may, if he cannot attend personally, redirect it to any officer of his establishment.
(2) When a Registering Officer sends a commission to another officer under the provision of Sub-rule (1) of Rule 50, he shall at the same time; transfer the travelling allowance, if any, paid in respect of the Commission but shall credit the commission fee in his own accounts.
(1) (a) Commissioner may examine witnesses in the same manner as Registering Officer and persons who may be required to give evidence before a Commissioner and who refuse to do so shall be subject to the penalties and punishment which they would incur for the same offence if committed in a Registration Office.
(b) Where receipt of consideration is acknowledged before the Commissioner, or paid or any goods delivered in his presence, shall be recorded under the endorsement made in Form No. 7, Appendix-II and the signature of the payee and payer shall also be appended thereto.
(2) Examination of Commissioner by Registering Officer - A Registering Officer may examine a commissioner personally, in the office of the Registering Officer, touching any of the circumstances connected with the discharge of his commission and in particular, with ref
(1) A power-of-attorney shall not be recognised as authorising an agent to act on behalf of a Principal under the Act, unless it contains an express or implied authority in that behalf.
(2) Powers of attorney which do not contain or imply an authority to appear in a registration office to present documents for registration (Section 32) on behalf of the Principal or to admit the execution of documents (Section 34) executed by the Principal shall not be authenticated under Clause (a) of Section 33(1).
(1) When a power of attorney is executed before a Registering Officer at his office, he shall, after satisfying himself of the identity of the Principal and obtaining, when necessary, his, left thumb impression against his signature, authenticate it in Form No. 9(a) given in Appendix-II.
(2) When a power of attorney, not executed before a Registering Officer, is presented to him for authentication under proviso to Section 33 of the Act, the Registering Officer shall, if he attends at the private residence of the Principal and obtains evidence as to the voluntary nature of the execution he shall authenticate the same in Form No. 9(b) of Appendix II.
(3) Refusal to authenticate power-of-attorney - When Registering Officer attends under Sub-section (3) of Section 33 of the Registration Act, at the house of a Principal to obtain evidence as
(1) All interlineations, blanks, erasures and alterations in powers of attorney authenticated by a Registering Officer under Clause (a) of Section 33 (1), and not registered shall at the time of such authentication, be detailed in a foot note signed by the Registering Officer.
When there are no intertineations, blanks, erasures or alterations in such a power of attorney the fact also shall be mentioned in a foot note signed by the Registering Officer.
(2) The said foot note shall be copied in every case into the Register of power of attorney kept in Form No. 18 in Appendix-I.
(3) Interlineation, etc. in the authentication endorsements shall be initialled by the Registering Officer.
(1) Whenever a special power of attorney is used in registration offices for the purposes of Section 32, or when a document is presented for registration by a person entitled to present it and execution is admitted by an agent under a special power of attorney, the power shall be returned forthwith to the person by whom it was presented with the endorsement made upon it Form No. 9(d) in Appendix-II.
(2) In the case of general power of attorney no such endorsement is required, and they shall be returned, after inspection, to the partial by whom they were presented.
A power of attorney may be brought to a Registering Officer (1) for authentication, or (2) for registration or (3) for both authentication and registration. In the first case, he shall merely make the entry prescribed for authentication, in the second case, he shall register the power in the same manner as any other document, and in the third case, he shall first authenticate the power and then admit it to registration in the usual manner.
(1) Each registration office shall maintain a register of power of attorney in Form 18 in Appendix - I where it shall be remained an abstract of each power, authenticated whether such power is general or special, registered or not registered.
The following particular shall be noted in the register.
(i)The full additions of Principals, attorneys and identifying witnesses as given in the powers, should invariably by given;
(ii)Endorsements recorded on a power of attorney authenticated should be copied in full.
(iii)The abstract of special powers of attorney should contain such particulars of the deeds to be registered as are mentioned in the power.
(iv)The date of authentication of such power of attorney.
(a) A Principal who desires to revoke an authenticated power may do so by filing an application together with the power, if available, before the Registering Officer.
(b) A register in Form No. 18-A Appendix-I should be maintained in each registration office and in it shall be entered all revocation of power-of-attorney effected as aforesaid or intimated by other Registering Officers.
(1) The expression "A person executing a document" shall be held to include;
(a)any person who as a surety for the repayment of a loan or the fulfilment of a contact and in that capacity affixes his signature to a document;
(b)any person who endorse a negotiable instrument;
(c)any person who signs a receipt or a discharge endorsement on a document;
(d)any person who signs a document as an executant in token of his assent to the transaction not merely as witness, even though he may not be described as an executant in the body of the document itself.
(2) In the case of a document purporting to be executed by an attorney, or by the guardian of a minor, or by the legal curator of an idiot or lunatic, such att
Satisfactory proof of the right of a person to appear in the capacity of a representative shall be adduced before he is permitted to present a document or to admit or deny its execution.
(1) When a document is executed by several persons, if any of the executants deny execution, the deed shall be refused in respect of those who deny and registered in respect of those who admit. If some of the executants appear and admit execution and others do not appear, though processes have been served upon them, the deed shall be registered in respect of those who admit and refused as regards the others. If some of the executants appear and others do not appear, and no steps are taken to procure their appearance, the deed shall be registered in respect of those who admit execution and refused registration as regards the others after the expiry of the time allowed, under Section 34(1).
(2) Endorsement on refused deeds executed by several persons - When a document is executed by several persons and registration is refused in respect of some of them, the words "in respect of"................... or similar words shall be a
(1) The Registering Officer shall decide the admissibility of a document on enquiry under Sub-section (3) of Section 34 of the Act, Confining himself to the fact of execution by the person by whom it purports to have been executed. He is not required to enquire as to the validity of the document.
(2) Objection to registration - All applications objecting to registration shall be retained in the office and orders made thereon should be communicated to the object or free of charge.
(3) If registration is objected to by any person on any of the following grounds, namely :
(a)that a person appearing or about to appear before the Registering Officer as an executant or claimant is not the person he professes to be or that he is a minor, an idiot or lunatic; or
A Registering Officer shall form his own opinion as to whether a party appearing before him as executant of a document is a minor, a lunatic or an idiot. He is not expected to hold an elaborate enquiry, although if he so desires, he may examine on the point any one present in the office.
(1) If the Registering Officer is satisfied -
(i)a non-testamentary document is presented for registration after the death of the executant; or
(ii)the executant dies after presentation of a document by the claimant or his representative assigned or agent before admission of execution of the document, he shall ascertain by examining the presentant and the witnesses accompanying him who are the representative or assignee of the executant and refer, if he considers it necessary to the Local Revenue Officer of the area for information on this point.
(iii)if any of the person ascertained to be representative or assigns of the deceased executant are present in the office, at the time of the presentation of the document under Clause (i) of Sub-rule (1) or on the day fixed for the appearance of the e
(1) When the Registering Officer is not personally acquainted with the executants of a document he shall require them to furnish the best testimony available to establish their identitfy.
(2) The Registering Officer shall satisfy himself that the identifier is really acquainted with the person whom he proposes to identity. The identifier shall be asked to state the name and address of the person to be identified and also whether such person is really the person he professes to be.
Illustration -Respectable persons known to the Registering Officer or co-villagers of the executants of apparent respectability are suitable persons to identify the parties.
1[(3) The signature and thumb impression of the identifier to the endorsement on the document shall be made through electronic device.]
1.Ins
In case of deaf and dumb executants, if the registering officer is satisfied that the person has sufficient understanding to judge the nature and consequence of the act can by some means or other such as writing or signs etc. express the intention to admit execution he should register the document and make note to that effect below the endorsement under Section 58; otherwise registration shall be refused.
All Registering Officers may themselves issue process requiring the executant and witnesses to appear at the registration office, either in person or by duly authorised agent in accordance with order V and XVI in the First Schedule to the Code of Civil Procedure, 1908.
Whenever any summons referred to in this Chapter is to be served in an area in which is spoken a vernacular different from that spoken in the area in which the summons is issued, the summons must be accompanied by a translation in English.
(1) If a summon is issued under Section 36 addressed to a person, who is alleged to be the executant of a document it shall require him to attend either in person or by duly authorised agent.
(2) If such a summon be addressed to a person whose evidence is required to prove any fact, it shall require him to attend in person.
(1) Subject to the provisions contained in previous rules, if any person upon whom a summons issued under Section 36 has been duly served fails to appear, or if any summons issued under that section cannot be served, the Registering Officer may request the Registrar to take further action, under the law for the time being in force for securing the attendance of such person.
(2) Every such requisition must be accompanied by the proper process fee.
(1) A will or an authority to adopt presented for registration after the death of the testator may be accepted. The Registering Officer shall fix a day for the enquiry contemplated by Section 41(2) of the Act and shall cause notice of the enquiry (a) to be served on the persons to whom in his opinion special notice should be given, (b) to be posted in a conspicuous part of the registration office and (c) to be published by posting and beat of drums, if possible, in the village or villages where (i) the testator or donor lived (ii) the property of the deceased is situated and (iii) any interested parties may reside.
(2) If the prosecutant of the document or a person who objects to the registration of the document in question, desires that witnesses should be summoned and examined the request shall be complied with and the procedure prescribed in Part XIII of the registration rules s
A Registering Officer when enquiring under Section 41 (2) into the execution of a Will or of an authority to adopt shall invariably, before registering the document or refusing registration, prepare and place and record a memorandum in English containing a summary of the evidence and the reasons for registration or refusal, as the case may be. A copy of any such memorandum prepared by a Sub-Registrar shall be submitted to the District Registrar forthwith.
A Will or an authority to adopt presented for a registration after the death of the testator or donor may be returned to the presentant unregistered, if he so desires in writing unless it appears that the document is a forged one.
A revocation or cancellation of a Will or of an authority to adopt shall be treated as a document of testamentary character and shall be registered in Book 3.
(1) Wills registered or refused registration in a Sub-Registry Office which remain unclaimed for a period of over two years, shall be forwarded to the Registrar's Office for safe custody, a note to that effect being entered against the original entry in the copy register as well as fee book. All documents so transferred shall be entered by the Registrar in the Register prescribed for the purpose (Form No. 4, Appendix I).
(2) If the person entitled to claim the return of a Will applies to a Sub-Registrar for its return after the document has been transmitted to the Registrar's Office, he should be advised to obtain it from the Registrar direct. If he is unwilling to do so, the Will should be obtained from the Registrar by the Sub-Registrar and returned to the person and a note of its receipt from the Registrar's office and return to the person shall be entered in the office records
(1) Wills sent by post to a Registering Officer are not presented or deposited for registration within the meaning of the Act, and Sections 42 and 46 are therefore inapplicable to them.
(2) If a cover a purporting to contain a Will reaches a Register by post, he shall return it unopened to the sender in an unstamped envelope. Should the cover however be retained in the office because the address of the person to whom it would be returned is unknown, the Register shall record upon the cover the date of receipt and the facts that it was received by post and that it has not been secured under the Act as the terms thereof have not been complied with.
(3) A Will so received shall not be delivered to any applicant unless the Registrar is satisfied that such applicant is duly authorised to receive it, nor shall the cover be opened on an applic
(1) A receipt for any Will deposited under Section 42 and the fees levied therefor shall be granted in Form No. 12 of Appendix I, that is granted under Clause (b) of Sub-section (1) of Section 52. The headings of the receipt shall, as far as practicable, be filled up and a note shall be entered on it stating that the Will is received for deposit under Section 42.
(2) The Registrar shall explain to every person depositing a Will that no steps will be taken by the Government to ascertain the date of the testator's death or to communicate with the beneficiaries after his death, and a note to that effect shall be made on the receipt above referred to.
NOTE- A separate volume of the aforesaid receipt Book shall be maintained for this book and be prescribed permanently.
(1) When a sealed cover is presented for deposit the endorsement in Form No. 11 Appendix - II shall be recorded on the cover with the signatures of the depositor and his identifier appended thereto.
(2) Every entry made in Registrar. Book No. 5 under the provision of Section 43 shall be signed in full and dated by the Registrar.
When a sealed cover containing a Will is withdrawn under Section 44 of the Act, the fact shall be noted in Register Book No. 5 and the entry shall be signed by the person by whom the cover is withdrawn as well as by the Registrar, and the receipt referred to in Sub-rule (1) of Rule 78 shall be returned by such person and posted to the respective counterfoils.
A register shall be maintained in each Registrar's Office in Form No. 5, Appendix-I showing the sealed covers received, withdrawn and opened from time to time. In it shall also be entered Wills received by post by the District Registrar and retained in the office under Sub-rule (2) of Rule 77. Wills forwarded by Sub-Registrar under Sub-rule (4) of Rule 77, and Wills registered or refused registration in the Registrar's Office and lying unclaimed for over two years.
(1) When a sealed cover containing a Will is opened under Section 45, a note to that effect should be made in Book No. 5 in Form Number 12 (1) Appendix-I.
(2) When a sealed cover, containing a Will is opened under an order of a Court under Section-46, a note to that effect shall be made in register Book No. 5 in the column headed 'number of document in Book-3, and the Form No. 12(2) Appendix-II shall be adopted in making the endorsement on the Will itself.
(1) When a Will is forwarded to any Court under Section 46, it shall be accompanied by -
(a)A memorandum of the fee for opening the cover and the charges (if any) for copying the will into Register Book No. 3; and
(b)A letter requesting such Court to levy such fee and charges and to remit them to the Registrar by whom the Will is forwarded.
(2) An acknowledgment of the receipt by the Court of the cover or Will shall also be obtained and filed in the office.
When a sealed cover containing a Will is opened, the cover containing the seals and superscriptions of the depositor and the endorsement of the Registrar shall be preserved carefully or a record maintained as to its disposal.
Sealed covers deposited with a Registrar under Section 42 shall be examined monthly and a note about their condition shall be entered in the register of sealed covers maintained in Form No. 5 of Appendix - I under the signature of the District Sub-Registrar.
When a sealed cover is withdrawn by an agent under a special power-of-attorney, the power shall be retained with the application for withdrawal.
A District Sub-Registrar while taking over charge as such, shall examine the, sealed covers and Wills with their registers and make a report to that effect to the Inspector-General forthwith.
(1) Register books Nos. 1, 3 and 4 provided in Section 51 of the Act shall be kept in Form Nos 4 in Appendix-I and Register Books Nos. 2 and 5 shall be kept in Form Nos 2 and 3 thereof respectively.
(2) The Register books referred to above shall be maintained in accordance with such instruction as the Inspector-General of Registration may issue from time to time.
1[(3) In case of registration made through computer, only serial number shall be assigned to the document.]
1.Inserted vide O.G.E. No. 539 dated 17.4.2009.
(1) On opening a new register book the Registering Officer shall count and satisfy himself that the number of pages contained in it corresponds with that given in the certificate on its title page. If the number is found correct, he shall certify to that effect as the top of the first page in the form "this book contains................ pages consecutively numbered'.
In case there is any discrepancy in the numbering of pages or if there is any damages in any of the pages, the register shall nevertheless be used, after making proper correction in the numbering of pages and recording a certificate to that effect. In any case, the damaged pages, either purported or torn shall cancelled and the fact should be mentioned in the certificate under intimation to the Director, Stationery, Printing and Publication.
(2) When a Register Book is closed, a certificate, to that effect, signed
(1) When all the persons executing a document or their representative, assigns or agents have appeared and admitted execution and the document is admitted to registration, it shall be copied into the appropriate Register Book 2[or may also be kept in Computer floppies or diskettes, or any other Electronic Form as may be determined by the Inspector-General of Registration from time to time.]
(2) Immediate after the documents are copied as aforesaid, they shall be indexed in the appropriate indexes in the manner provided hereafter 1[or immediately after the document is admitted to Registration, the same will be scanned alongwith the photograph affixed and the required index entries be stored in Computer Floppies or diskettes or any other Electronic form as may be determined by the Inspector-General of Registration from time to time.]
NOTE
(1) Every entry of a registered document shall be exact copy of the original.
(2) The copy of every document and the endorsements in a register book shall be compared with the original by a number of permanent establishment other than the copyist, and the reader and examiner shall append their signature and designation with date to the copy using the words.
"Copied by A.B," read by C.D.'
"compare Examined by.
Date - Clerk Date-Clerk.E.F. Clerk
(3) Correction in documents - Blanks, corrections and interlineation in a document shall not be copied as such but shall be noted, as required by Sub-section (2) of Section 20 at the foot of the entry.
(4) Correction i
(1) On the left hand margin of the Register-books numbers - 1 and 4 there shall be copied in red ink the value of the stamp on each document registered, showing the number of stamps and their respective values, the certificates of admissibility including the fees and fines if any, in respect thereof referred to in Rule 28(2) and.......... all the endorsements relating thereto made in the office the document itself shall be copied in black ink and below the copy of each document itself in stamp venders endorsement shall be copied in red ink and the right hand margin shall be left vacant for notes to be copied in red ink under Sub-section (2) of Section 20.
(2) In case of the re-registration, if there be insufficient room on the back of the document for the new set of endorsements registered, they shall be written or continued on a separate piece of paper, as provided in Rule 123. Only the endorsements including certificate
(1) Several volumes of Register books numbers 1 and 4 may, if necessary, be kept in use simultaneously, when the documents registered are so numerous as to make this course necessary.
(2) Register books numbers 2, 3 and 5 shall be continued from year to year until they are full, and in small offices, where the number of documents registered is inconsiderable, the same volume of Register books numbers - 1 and 4 may also be used for two or more years.
When two or more copies of the same document are admitted, to registration it shall not be necessary to copy the document more than once in the Register-book. So far as the duplicate, triplicate or other copy is concerned, only the document and endorsements excepting the certificate under Section 60 referred to in Rule 92 and those of the stamp vendor shall be copied immediately below, the copy of the original document. The stamp vendors endorsements shall be copied in the central portion and the other endorsement in the left hand margin of the page, the document number being noted above each. The difference between the original and a duplicate including correctness, if any, shall be copied above the respective copy of the stamp vendors certificate in the certificate of final endorsement besides the document number of the original deed, the numbers assigned to the duplicate (s) shall also be mentioned.
On the registration of a document which revoke, or cancels or rectifies an error or omission or modifies the terms of a document previously registered, or of a document received and filed under Section 89, of the Act, or on the receipt of a communication from a Court which intimates a similar revocation, cancellation, rectification or modification, a note shall be entered on the document concerned, if produced or available, as well as on the margin of the register in which the original document has been registered in the form as under:-
This document has been revoked (cancelled, rectified or modified by document No................... of 20 ...................volume ...................pages ...................registered/ filed at...................
Registering Officer
NOTE - (a) If the original
(1) In addition to the bound volumes of Register-book No. 1, every Sub-Registrar shall keep two file-books as parts of Register-book No. 1.
(a)In one of such file books he shall file-
(i)Memoranda of registered documents which have been forwarded to his office under Sections 64 to 66 of the Act.
(ii)Copies of certificates and orders received under Section 89 of the Act.
(iii)Declaration under the Orissa Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act, 1975.
(iv)Copies of instrument received under the provisions of the Orissa Co-operative Societies Act, 1962 (Orissa Act 2 of 1963).
(v)Copies of order of Revenue Officer forwarded under Sec
(1) A Special volume of Register Book 1 or 4 in the form of a file may be opened in any office for the registration of documents of temporary character in which stamp duty and registration fees are exempted or remitted and which are prepared on printed or lithographed forms of machine made paper of medium size.
(2) Such documents shall be presented alongwith a duplicate copy prepared on the same form, to be retained in the registration office. The executing parties shall record a certificate on the original that the duplicate is a true and exact copy of the original and the certificate shall be copied on the duplicate margins shall be left, on one inch on the right hand side for the entry of any necessary note. The endorsements recorded not he original shall be copied on the blank-side of the duplicate.
(3) Documents presented for regi
(1) Corrections in Register-books shall be made with a pen, they shall not be made by altering one word or figure into another, but the pen shall be drawn through the erroneous words or figures, and the correct words or figures shall be clearly written near or above those struck out, or opposite to them on the right-hand margin. Each correction and addition shall be enclosed in brackets and given a serial number on the copy of the document and not on the margin. At the end of the copy of the document a note shall be made of the corrections and additions so made.
(2) All corrections and interlineations in such books shall be attested by the registering officer's initials, which shall be written, not in the middle of the erroneous words or figures, but in a clear space close by on both ends.
(1) The registering officer shall authenticate by his initials all corrections in the copy of every document admitted to registration which by Clause (c) of Section 52(1), is required to be made in Register-book, and all notes in such copy which my be made under Sub-section (2) of Section 20.
(2) He shall also affix his initials to each page of such copy and shall certify with his signature that each copy is a true copy, and shall date such certificate with his own hand.
(3) All interlineations and corrections in Register-books shall be made in red ink when entries are made in black ink and shall be made in black ink when entries are made in red ink.
NOTE - (a) When authenticating or signing or entry in a Register book, the registering officer shall make sure that each such entry has been sign
(1) Documents admitted to registration shall be completed and made ready for delivery within seven days from the date of their admission and shall be promptly returned to the presentant or the person authorised to receive them and the duplicate receipt returned by the parties shall be posted on to their respective originals.
(2) When receipts are granted under Clause (b) of Section 52(1) to the presentant they shall be informed by the registering officer of the probable date on which their documents will be ready for return. The said date shall be noted on the receipt and every endeavour shall be made to return the document on such date.
(3) If the parties desire to be informed as to the exact date of completion of their documents it may be complied with at his own cost and risk. In such cases, a self addressed Post-Card shall be furnished and attached to the document which, on
(1) - The indexes Nos. I, II, III and IV provided in Section-55 shall respectively be prepared in Form Nos. 7, 8, 9 and 10 in Appendix-I.
(2) The pages of each Index shall be numbered serially as soon as it is completed.
Each of the said Indexes shall be kept in English language.
The order of letters in the English alphabets shall be followed in the order of entries in the said Indexes, regard being had to the position in the alphabet of the initial letter and of every succeeding letter whether such letter be a vowel or a consonant.
(1) If the documents to be indexed are written or executed in the English language, the names of the persons and places shall be spelt in the Index in the same way in which they are written in the documents.
(2) If the documents are written or executed in a vernacular language the names of the persons and places shall be spelt in the Index according to the authorised system of translation.
(1) In the case of European names the surname shall be taken as the index word.
(2) Indian names shall be indexed according to their first letters as they stand in the document, except that appellation such as Sayed, Sheikh, etc. if appearing at the beginning of the name, shall be shown in the index at the end of the name and shall transliterated in the same form as that in which they are written in the documents.
When a document is executed by or in favour of the representative or guardian of another person, the name of such other person, as well as that of the representative or guardian, shall be indexed.
(1) The name of the depositor of a sealed cover shall be entered in Index III in black ink. An alphabetical index to the names of persons purporting to be executants of documents entered in Book 5 shall be affixed to that Register-Book also.
(2) The name and addition of persons claiming under a will or authority to adopt, under Sub-section (4) of Section 55, are not to be indexed unless the testator or donor is dead and shall be entered therein in red ink.
NOTE - (a) If the testator of a Will is alive, the Will can be represented for registration only by the testator (vide Section 40 of the Act), in which case the names of the claimants are not to be indexed, but those of the testator and executor are to be indexed in Index-III (vide Section 55 of the Act.).
(b)(i)If the testator is dead and t
(1) When there are two or more executants or claimants under a document their names shall be separately entered in Index Nos. I, III or IV, as the case may be, when there are three executants, A.B and C, there will be three entries vig., "A and two others" "B and two others" and "C and two others".
(2) When the property is transferred by a single document are situated in more than one village, they shall separately indexed in Index No. II; e.g. when there are three villages, A.B and C, there will be three entries. It will be sufficient to note all the villages in detail in the entry relating to the first village, and to note only the number of additional villages in the indexes relating to the other villages, e.g. (i) A and B and C (ii) B and 2 villages noted under A (iii) C and 2 villages noted under A :
Provided that no Registering Of
(1) Copies and memoranda of documents and the copies of Sale certificates and instruments and orders which are referred to in the Rule 96 shall be indexed in the same way as original documents, but the entries relating to them shall be made in red ink :
Provided that it shall not be necessary to index the additions of the guardian-ad-listen of either of the auction purchaser or the judgment debtor in the case of sale-certificates.
(2) In Index No. I, the names of the auction purchasers and judgment-debtor shall be indexed from sale certificates and the names of the parties shall be indexed from the memoranda.
(3) In Index-II, the number of volumes, page and deed should be entered in columns, 10, 11 and 12, respectively and the name of the first executant and claimant in column No. 7 and 8 in b
Besides the Register Books Nos. 1 to 4 mentioned in Rule 88 and the file-books prescribed by Rules 96 and 97, the following books and registers shall be kept in all registration offices in the forms noted against each, namely :
1.(a) Register of Thumb-impression
(General execution and their identifiers.)(Form No. 6, Appendix-I).
(b) Register of thumb-impression
(Loss of receipt)(Form No. 6, Appendix-I).
2.Register of preparation and examination
of indexes(Form No. 11, Appendix-I).
3.Receipt under Section 52 Clause (b)(Form No. 12, Appendix-I).
4.Fee-book(Form No. 13,
In addition to Register Book No. 5 prescribed by Section 51 and the records mentioned in Rule 110 a register of unclaimed Wills forwarded to the Registrar's Office under the Rule 76 shall be kept in Form No. 4, Appendix I, The following additional registers shall be kept in the offices of all Registrars:
1.Register of appeals under Section 72 of the Act(Form No. 42)
2.Register of applications under Section 73(Form No. 43)
3.Register of sealed covers and Wills(Form No. 5)
4.Register of Special contingent expenditures(Form No. Sch.L-III)
1. Mode of keeping Fee Book - (a) The serial number shown in column I of the fee book will be according to the order in which the deed is presented. There will be one seria
(1) Subject to the provisions contained under Section 57, an application to make a search or inspection in the indexes or any book in a Registration Office for any purpose or to obtain copy of any document recorded in such an office or to carry out both these objects shall be made in writing in Form No. 23 and 24-A, Appendix-I. If the application is granted the prescribed fees shall be paid, and the duplicate and triplicate receipt for the fees paid duplicate receipt shall be granted in Form No. 22, Appendix-I. The referred for getting back the copy and the triplicate shall be returned for his record. The duplicate, when returned, shall be pasted on to its original.
(2) All such applications shall be entered in the register (Form No. 21, Appendix-I) prescribed by the Rule 10 and preserved in a separate file.
(1) An application for a search in the indexes or for a copy of an entry contained in Register book transferred to the office of a District Registrar may be made to such District Registrar either direct or through the Sub-Registrar in whose office the records were originally prepared.
(2) Applications made through Sub-Registrar for copies from Books deposited in the Registrar's office in the event of indexes alone being available with the Sub-Registrar, shall be made in writing and shall be transmitted without delay to the Registrar for necessary action.
Before forwarding such application to the Registrar, necessary search shall be made in the indexes in the Sub-Registry office in the first instance. The application for inspection shall then be forwarded to the Registrar to ascertain the amount of copying fees and the stamp duty required
(1) An application for a search in respect of property situated in a village which has been transferred from one Sub-District to another, or in cases of more Sub-Districts than one, may be presented at any of the offices to which the village is or has been attached or in which the property or any portion of it is situated.
(2) In such cases when the Sub-Registrar to whom the application is made, and who has in his office the necessary records, may comply with it; otherwise searches should be got conducted in the records of both the offices.
(3) The fees collected should be credited to the account of the office in which the application is presented.
When an applicant has paid the prescribed fees for search in the indexes of a Sub-Registrar's Office in respect of a document which has been registered in another office or in a book transferred to the Registrar's Office no further search fee shall be levied when he applies to the Sub-Registrar of the other office to the Registrar for a copy of the same document provided that the applicant produced the receipt granted to him for the fee already paid.
(1) When a call for information from any Court or Revenue Officer necessitates a search in the registers or the preparations of a copy of any document by officials of the Registration Office, it shall be accompanied by the fee prescribed for these purposes or the Registering Officer shall forward to the Court a memorandum of the fee payable, with a view to the amount being remitted by the Court.
(2) Officers of the Government may without payment of fees, make searches in indexes and inspect registers for bona fide public purposes, subject to the restrictions contained in Section 57 as to the person by whom certain searches may be made.
(1) If the production of a Register book in any Court is required, it shall be so produced by an officer of the registration establishment deputed for that purpose and the fee for inspection as per the table of fees should be levied by the Court from the party at whole instance the register is called for.
(2) In case the Court retains a Register Book and the interested party files an application for grant of a certified copy therefrom, the Registering Officer may forward the application to the Court with a request for grant of certified copy to him from such a register.
NOTE-The officer under Sub-rule (1) above will be entitled to claim payment of his expenses (including salary where Government is not liable to pay) like any other witness.
Extracts from the register of power of attorney may be granted on consideration whether it affects immovable property if so, it may be treated under Section 57(1) as documents registered in Book No. 1. If not it should be treated under Section 57(3) as relating to entries in Book No. 4.
(1) When an application for a search is presented and before the requisite fees have been paid, the Registering Officer shall enquire whether the applicant will himself make the search or desire that it should be made by the office establishment. When a clerk is deputed to make the search, the name of the clerk deputed shall be noted on the application. As soon as the search is completed, the result or a reference to the particulars traced out shall be noted on the application by the clerk and signed by him.
(2) When an application for a search is presented and search is to be made by the applicant and the requisite fees have been paid, Registering Officer shall cause necessary records to be placed before the applicant or his representative or agent or any other person on his behalf who will conduct the search.
The fee paid for a search shall entitle and applicant to read the entry for the finding of which the fee has been paid or to have it read to him but it shall not entitle him to take a copy of the entry. If a search proves fruitless a note to that effect shall be made on the application. The fee shall not be refunded. The applicant may if he so desires be granted a certificate stating that the entry sought for has not been found in the books.
Only one search fee shall be levied :
(i)for making a search in respect of a single document or in respect of acts and encumbrances on one and the same property in two or more offices because of the transfer of a village from one sub-district to another or of records to the District Registrar's Office.
(ii)for making a general search in respect of one and the same property in the records of an office which was once in existence, was abolished and then revived;
(iii)for making a search for acts and encumbrances in respect of one and the same property when owing to the splitting up or grouping together of village, as the result of survey and settlement operations, the search has to be made in the indexes of more than one village.
When a search is made or more than on document executed by or in favour of one and the same individual, search fee shall be levied separately for each office in which the Indexes-I, III and IV have searched.
Procedure in case of application for search or copy -
NOTE - (a) On payment of the fees prescribed in Article B and C of the Table of Fees, copies of registered documents subject to the provisions of Section 57 and of entries departmentally prescribed may be granted. The receipt granted to the applicant shall be returned when the copy is delivered. The receipt for copy should be posted on to its counterfoil.
(b)Copies to be on stamped paper - Copies should be given on stamped paper and the amount of duty in such case will be regulated by Article 24, Schedule I-A, of the Indian Stamp Act.
(1) When an application is made for a search for encumbrance in respect of any immovable property or for a list of documents executed by, or in favour of, a single individual, and the applicant desires that a certificate of encumbrances or a list of documents found in the course of such search should be furnished to him by the Re-Registering Officer, the request shall be complied with, and the certificate or list shall be prepared in duplicate in the form prescribed in the Form Nos. 25, 26 and 27 as the case may be in Appendix-I 2[or such certificates may be prepared through Computers.]
(2) A certificate of encumbrance shall contain a complete list of all acts and encumbrances affecting the property in question.
(3) In the case of encumbrances certificate involving search in the records of more than one office consolidated certificate sh
(1) The endorsements required by Sections 52 and 58 shall be written in Form Nos. 2 and 13 in Appendix II respectively.
(2) All endorsements, whether made under Section 52 or Section 58 or otherwise, shall be made in red ink, except that signatures therein shall be made in black ink.
(3) Every document made by a Registering Officer shall be written in his own handwriting but rubber stamp may be used for the formal part of the endorsements under Sections 52, 58 and 60 and of the certificate of admissibility 1[or such endorsements may be made through Computer and signed by the Registering Officer.]
Use of stamps for copying in registers
NOTE - (a) The rubber stamps for the endorsements may be used also for copying the endorsements in the registers, pr
A literate executing party shall be required to use the same language in signing the endorsements as he has used in signing the deed.
When a document has been copied into a Register Book and compared, the Registering Officer shall make in Form No. 14 Appendix-II the endorsement required by Section 60.
NOTE -The endorsement on documents the registration of which is ordered by the Registrar or the Court will be in Form No. 15 in Appendix-II.
When there is not sufficient blank space in a deed for necessary endorsement and certificates, they may be entered on a separate slip or a sheet of paper which shall be attached to the document, an explanatory note being made on the deed to that effect and signed and dated by the Registering Officer.
Every piece of paper so added shall bear the seal of the Registering Officer and shall be signed and dated by him.
When the registration of a document is completed, it shall be returned to the presentant or to such other person, if any, as the presentant has nominated in writing in that behalf on the receipt granted under Section 52. Registering Officer should see that the written authority enjoined by Section 61 is in proper order. If the presentant can write the whole authority it must be written by him if he is illiterate, it must be written by the person who writes the name of the presentant.
(1) When a document is received at a private residence under Section 31, the endorsement should be written in hand.
(2) When parties are examined at their residence under Sections 31, 33 or 38 necessary endorsement must be recorded by the Registering Officer or Commissioner on the spot.
In exercise of the discretion reposed in him by Section 63 of the Act, a Registering Officer may, when he doubts the truth of an oral statement made by any person, administer an oath or affirmation to him.
In administering such oath or affirmation the form prescribed by the High Court of judicature should be followed :
NOTE - The following forms may be followed.
Oath
I sweer that the evidence which I shall give in this case shall be true, that I will conceal nothing and that no part of any evidence shall be false.
So help me God
Affirmation
I solemnly declare that the evidence which I shall give in this case shall be true, that I will conceal nothing, and that no part of my evidence shall be false.
(Christian witnesses to whom oaths are administered are to be sworn upon the New Testament.
In other cases the oaths ar
Statements made on oath shall not be recorded on the document to which they relate but shall be recorded in the Deposition Book and a note to the effect that the statements have been so recorded shall be endorsed on the document itself.
The statements shall be recorded by the Registering Officer in his own hand at the time they are made.
A record of the substance of the statements may be made in the following cases :
(i)when execution is denied;
(ii)when a person admitting execution refuses to sign the endorsement;
(iii)when a person admits execution on protest or with a reservation;
(iv)when an enquiry is held as to the alleged death of an executing party;
(v)when an enquiry is held as to the right of a person to, appear as the executor, administrator or heir of a deceased person, or the guardian of a minor as the curator or an idiot or a lunatic;
(vi)when any person is examined as to the age of a party who appears to a minor or as to the sanity of a party who appears to be an idiot or a lunat
(1) Memoranda of registered documents required for transmission under the provisions of Sections 64 to 66 of the Act shall be prepared in Form No. 49 in Appendix-I and an entry be made in the register in Form No. 52 at the time of despatch of the memo and copy.
(2) The copies referred to in Sections 65 to 66 of the Act shall be made on paper of the same size and description as that used for bound books.
NOTE - Every copy and memoranda to be despatched to another office should be signed by the copyist, the comparer and the Registering Officer.
(1) When the memoranda required by Section 65 or 66 are to be sent by a Registering Officer to a Sub-Registrar of another district they shall be forwarded to the Registrar of that district, together with the copy required for the office of such Registrar.
(2) No memorandum need contain the description of any property other than that which is situated in the sub-district to which it is to be sent.
(3) When a copy of document is sent to the Registrar of another district under Section 65 or 66, a memorandum need not be sent to any Sub-Registrar whose office has been amalgamated under Sub-section (2) of Section 7, with that of the Registrar of such district.
A note showing the date of despatch of a memorandum or copy should be entered in the right hand margin of the entry of the document concerned and initialed by the Registering Officer.
When a document is registered in duplicate or triplicate no memorandum or copy shall be forwarded under Sections 64 to 66 in respects of the duplicate or triplicate but the number of copies register with the original shall be noted in red ink in the last column of the memorandum prepared from the original.
On receipt of a copy or memorandum from another registration office, the Registering Officer, will note on it the date of receipt with his initials. He shall have it numbered on entering it in the register prescribed in Form No. 51 Appendix-I, and have it duly filed recording the final endorsement of registration prescribed under Section 60 of the Act, substituting to word 'filed' for the word Registered.
NOTE - (1) District Sub-Registrar should see that memos received under Section 65(2) are entered in their copy and memo Register in red ink while forwarding them to the Sub-offices concerned.
When a Registering Officer finds that a correction is necessary in a copy of memorandum of a document forwarded by him to another Registering Officer, he shall send an erratum to the later, who shall file it in his Book No. I carry out the corrections in and add a note on the original explaining the circumstances under which the correction is made. A reference to the page and volume of the file Book in which the erratum has been filed shall be entered on the original memorandum or copy as the case may be and the indexes relating thereto shall be corrected accordingly.
When a copy of vernacular documents is forwarded under Section 65 to a Registrar in another State it shall be accompanied by in information in English respecting the names and addition of all persons executing and claiming under the document and by a description (sufficient for its identification) of property situated in such Registrar's district.
(1) When a memorandum or copy of a document is sent under Sec. 64, 65 and 66 from one office to another, it shall be accompanied by a receipt in Form No. 50 in Appendix I ............, which shall immediately on receipt, be signed and returned by the receiving officer.
(2) If delay accures in the return of any receipt, the despatching officer shall send a reminder for it.
(3) All such receipts when returned, shall be filed along with the counter foil.
(1) When a document is erroneously copied into a wrong book, the copy in the register and the final certificate on the document shall not be cancelled, but the Registrar may direct under Section 68 that a copy of the document with the certificate and endorsement thereon shall be made in the appropriate book without additional charge. A document so copied shall be given the number assigned to the last previous document in the book to which it is transferred with letter "S" attached.
(2) In the circumstances described in Sub-rule (1) a certificate under Section 60 or a final certificate in the following form, shall be given, on the left hand margin of the book in which the document is recopied and on the document below the former certificate :
"Registered again under the orders of the Registrar of..................... No..................
(1) When a document relating to immovable property is registered through in advertence in contravention of Section 28 of the Act, the Registering Officer shall instruct the executant of the deed and the claimant thereunder to obtain a direction under Section 58 for its registration from the Registrar of the District in whose jurisdiction the proper office is situated.
(2) When such direction is received the Registering Officer concerned shall register the document without levy of any fee, and shall refer to the order of the Registrar in the endorsement of presentation.
(3) The Registering Officer in whose office the document was originally registered shall follow the procedure prescribed by Sections 64 to 66 of the Act and shall forward to the proper office, free of charge, a copy or a memorandum of the document. The Receiving Officer shall file the copy or memorandum in his fi
If any of the conditions indicated in Clauses 1 to 3 of Rule 25 have not been complied with, or if the presentant fails to pay proper registration fees the document shall be returned at once to the presentant, with the endorsement "Registration refused", an entry being made at the same time in Register Book number 2:
Provided that action under this rule may be deferred at the request of the parties, in order to enable them to comply with the requirements of the law but in such cases an order of refusal shall be passed if the requirements have not been complied with within the time allowed for presentation.
NOTE - A minor can not accept legal liabilities. A document, presented by a minor, therefore, should be refused registration under this rule.
(1) When a Registering Officer records under Section 71, or Section 76 his reasons for refusing to register a document in Book number 2 he shall make the record with his own hand, at once, and shall state the reasons fully and clearly.
(2) When a Registrar refuses to direct the registration of a document under Section 72 or Section 75, the order passed by him may be copied in Book number 2 by a clerk, the copy so made being treated as the original and signed by the Registrar himself without the addition of the words "True Copy'. The Registrar's draft from which the copy is made shall be filed in the file of appeals, orders and judgments.
(3) If the reasons of refusal include the fact, that one or more out of several executants declines or decline to comply with the requirements of law, his name or their names shall be mentioned and if th
Before refusing under Section 35, to register any document the Registering Officer may, at the request of the parties, postpone action in order to enable them to comply with the requirements of the Law, but no such postponement shall exceed the period prescribed by Section 34.
A document brought for registration shall not be accepted under the following circumstances:
(i)If the document is written in a language which the Registering Officer does not understand and which is not commonly used in the district and if it is unaccompanied by a true translation and also by a true copy.
(ii)If it contains unattested interlineations, blanks, erasures or alterations which in the opinion of the Registering Officer, requires to be attested or entered in a note at the foot of the document.
(iii)If the descriptions of the property is insufficient to identify it or does not contain the information required by statutory order [Sections 21(1) to (3) and 22].
(iv)If the document is unaccompanied by the required number of copies of any map
A document duly presented for registration shall not be admitted to registration under the following circumstances :
(i)If the executant fails to appear and admit execution within the prescribed time (Section 34).
(ii)If the executant denies execution (Section 35).
(iii)If the person by whom the document purports to be executed be dead, and his representative or assign denies execution (Section 35).
(iv)If the person purporting to have executed the document appears to be a minor, an idiot, or a lunatic (Section 35).
(v)If the Registering Officer is not satisfied of the identify of the person appearing before him and alleging that he executed the document (Section 35). (The party may be given all possible
A Registering Officer should communicate his order of refusal to register a document to the concerned party verbally if he is present or a notice communicating the same shall be issued to the presentant of the deed by post and note in his book number 2 of his having done so noting the date on which such order is communicated or despatched.
When the executants of a document appear at different times the order of registration or refusal shall be passed after all the executants have appeared and admitted or denied execution, as the case may be, unless the maximum time allowed for appearance by the Act has expired or unless the presentant as regards the executant who failed to appear.
An appeal under Section 72 or an application under Section 73 shall be presented in writing to the Registrar of the district or to the officer in charge of the Registrar's Office, accompanied by a copy of the refusal order appealed against and the original document in respect of which the order was passed.
When the document is stated to be in the possession of some person other than the appellant or the applicant and the latter requests for time to obtain and produce it or for the issue of a summons for its production the request may be complied with and the appeal or application be admitted pending receipt of the document.
(1) An appeal under Section 72 or an application under Section 73 shall be presented either by the applicant or by an agent holding a power of attorney authenticated in accordance with Section 33.
(2) An appeal or an application shall not be accepted or acted upon if sent by post.
(1) Save as otherwise provided by any law for the time being in force, every pleading shall be verified at the foot by the party or by more of the parties pleading or by some other person proved to the satisfaction of the Court to be acquainted with the facts of the case.
(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleadings what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(3) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
(4) A pleading presented within the prescribed period but without the requisite verification may be returned in view of its being verified and presented again within the stated time.
In an enquiry connected with an appeal under Section 72 or an application under Section 73 or in an original enquiry under Section 74, persons not qualified under the Legal Practitioners' Acts shall not be allowed to appear. Such persons are not, however, debarred from acting as agents if authorised by a duly authenticated power of attorney.
(1) A memorandum of appeal under Section 72 is chargeable with Court-fee stamp under Article 12, Schedule - II of the Court Fees Act, 1870 (Act VII of 1870).
(2) An application under Section 73 to a Registrar is not assessable to duty; such applications should be made in plain paper only.
NOTE - An applicant under these rules shall mean an appellant under Section 72 or a party at whose instance an enquiry under Section 74 is commenced and shall include subject to the provisions of Rule 153 also an agent or an advocate.
In enquiries under Section 74 Registrars shall if they require the attendance of witnesses, record their evidence in the manner provided in the Code of Civil Procedure, 1908.
In case in which registration is ordered by the Registrar under Section 75 or decree is passed by the Civil Court under Section 77, the Sub-Registrar so far as may be practicable follow the procedure prescribed in Sections 58, 59 and 60. In such cases the endorsement in Form No. 15 shall take the place of the endorsement in Form No. 14 in Appendix - II.
1[(1) All fees including fines, if any, shall be realized in cash or in shape of Demand Draft or Pay Order drawn on any Scheduled Bank and accounted for in the appropriate registers and proper receipts be granted therefore.
(1-a) The user fees leviable shall be collected and paid in proportion as decided by Government from time to time to the private party authorized by Government/Registering Officer.]
(2) It is for the Registering Officer, who is responsible for levying the fee, to determine the amount of fees that is leviable. After it has been paid, the presenting party may if he feels aggrieved, refer the matter to the Registrar who shall finds that there has been an over charge, order the Sub-Registrar to refund the excess. Where the party is not satisfied with the Registrar's decision he may make a reference to the Inspector-Gener
(1) When the registration of a deed is refused, the fees levied shall be refunded. All documents on which refund is due shall be forthwith entered in the register prescribed in Form No. 31 Appendix-I. Fees paid for unit, Commission, Summons and travelling allowance shall not be refunded.
(2) Fees levied in excess shall be refunded; provided that no fees levied under Article 1 (5) and (6) shall be refunded.
NOTE - Where the registration of a document on which fines under Section 25 and 34 of the Act is levied, is refused, only the proper registration fee and any other fee shall be refunded. The fine paid for the delay is not refundable unless it is remitted by the Inspector-General of Registration under Section 70.
Every application for the remission or refund of a fine or a fees shall be lodged with the Registering Officer who levied the same for submission to the sanctioning authority.
District Registrar may themselves dispose of applications for refund of fees or fines paid in excess for work not performed by the department.
Whether a document is admitted to registration or not all fees and fines shall at once be credited to accounts.
Except travelling allowance, all fees and fines shall be paid without unnecessary delay, into nearest Treasury, Sub-Treasury or Banks. Registering Officers shall be held responsible for the safe custody of the fees until the same is credited.
(1) A Sub-Registrar shall, before instituting a prosecution forward a full report of the case to the Registrar and obtain his approval to the prosecution. If however, the circumstances demand immediate prosecution, a report shall be made by the Sub-Registrar to the Registrar within 24 hours of the institution of the prosecution.
(2) A Registrar who institutes a prosecution or receives intimation that a prosecution has been instituted by a Sub-Registrar shall report the fact to the Inspector-General of Registration.
A Sub-Registrar may, with the previous sanction of the Registrar, lodge criminal complaint against a person who in the process of registering a document makes false statement.
A refusal to sign an endorsement or a statement made to a Registering Officer does not constitute an offence under the Indian Penal Code or under the Registration Act. A Registering Officer is not competent to compel a party to sign the endorsement or statement recorded by him. His duty is merely to carry out the voluntary wishes of parties who appear before him.
Before any document is destroyed an endeavour by sending a notice by bearing post or otherwise, must always be made by the Registering Officer in whose office the document is kept in to induce the presentant thereof to take it back.
When a registered document, which has remained unclaimed in any registration office of a period exceeding two years, is destroyed under Section 85 of the Act, a note to that effect shall be made on the margin opposite to the copy in the book in which the document is copied. In case of documents, registration of which is refused, the note shall be recorded in the column of remarks of Book No. 2.
NOTE -The above note shall be recorded on the margin for note in the first page of the copy entry.
The list of unclaimed documents and old records for destruction shall be prepared in Form Nos. 28 and 29 respectively of Appendix-I.
Documents relating to Government which are not destroyed and are required to be preserved shall be entered year wise in a register prescribed in Form No. 40-A of Appendix - I.
All Government Offices executing documents in their official capacity and other public functionaries who by virtue of specific provision in any other Act or notification re-exempted from personal appearance before a Registering Officer in connection with any proceedings under the Act shall not be required to appear personally, before the said officer for any of the purposes under the Act 1[and the affixture of photograph(s) shall not apply to the documents executed on behalf of the State Government/Central Government Officers duly notified to be exempted under Section 88(1) of the Act].
1.Inserted vide O.G.E. No. 539 dated 17.4.2009
In January of each year, the following records of the previous year shall be transferred to the Registrar's office from the Sub-Registry offices where no suitable room or masonary accommodation for preservation and custody of records is provided, namely :
(a)Completed volumes of Register-Book No. 1 together with the file-book containing the copies referred to in Rule 96 (1)(a).
(b)Completed volumes of Register-Book No. 4 and Index No. IV and Index Nos. II and II.
(2) The Registrar, on receiving Index Nos. I and II from Sub-Registrar's Offices shall bind them separately for each Sub-Registrar's Office.
(1) The following records shall be permanently preserved in the Registration Offices, namely :
(a)Register of Records/Catalogues.
(b)Register-books (except the Register of refusals) and their indexes prescribed by, and translations & true copies filed under the various Registration Acts (Act XVI of 1864, XX of 1866, VIII of 1871, III of 1877, XVI of 1908.
(c)Register-books of documents and their indexes kept prior to Act XVI of 1864; and
(d)List of records destroyed and reports of destruction of records.
(2) Quazi records under Regulations XXXIX of 1973 preserved in a registration office, shall not be destroyed.
(3) Save the records in Sub-rules (b) and (2) all other records and registers of a Registra
(1) If any document in which a Registering Officer is personally interested, either directly or indirectly, is presented to him for registration or if he is asked to authenticate a power of attorney granted for registration of any such document he shall recommend the parties to present the document or power at some other registration office under the provisions of Section 29, Section 30 or Section 33 as the case may be.
(2) If the parties, after being recommended to present such document or power at some other office, insist on the registration of the document, or the authentication of power of attorney, by the said Registering Officer, he shall register the document or authenticate the power, as the case may be, and shall report the fact to the Registrar to whom he is subordinate.
Whenever there is a change in the charge of a registration office, the Officer receiving charge shall compare the books in the office with the catalogue/Register of records in Form No. 15 and shall note in the said register whether or not he finds the stock of the books, to be complete.
The Bihar and Orissa Registration Rules, 1918 and the Madras Registration Rules in their application to the State of Orissa are hereby repealed :
Provided that any order issued, appointment made or all action taken and things done under any of the provisions of the said rules shall be deemed to have been made under the provisions of these rules.
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
