In exercise of the powers conferred by sub-section (1) of section 69 of the Registration Act, 1908 (Act No. 16 of 1908), the Inspector General of Registration hereby makes the following rules further to amend the Registration Rules (Kerala), 1958, issued under notification and published in the Kerala Gazette Extraordinary No. 143 dated 27th December, 1958, with the approval of the Government of Kerala, as required by sub-section (2) of the said section, namely:-- R S.Rule 46 Whenever a fine for delay in appearance is levied on more occasions than one in respect of one and the same document the amount of the fine leviable on the second and subsequent occasions shall be the difference, if any, between the total amount leviable up to the second or subsequent occasion and the fine or fines previously levied in respect of such document.
S.Rule 47 (i) For the registration of a document the acceptance of which has been directed by the Registrar on payment of fine under section 25 of the Act a period of four months is admissible in addition to the ordinary period of four months prescribed in section 24. The executant must accordingly appear and admit execution within 8 months from the date of execution. If he fails to so appear a further period of four months for his appearance may be granted by the Registrar on payment of fine under the proviso to section 34.
(ii) Whenever an application under section 25 or section 34 is lodged with a Sub-Registrar, he shall forward the same whether he considers the reason for delay to be satisfactory or not, for the orders of the Registrar, but as laid down in rule 38(iii) there is no objection to his recording the admission of execution on such a document before forwarding the application to the Registrar.
(iii) When the Registrar condones the delay either under section 2
S.Rule 48 In ordinary cases, the acceptance for registration of documents or deposit of wills shall be made only at the Registration Office. But in the case of persons referred to in the proviso to sections 31, 33(1) and 38, the Registering Officer may attend at a private residence for the purpose of accepting or recording the admission of execution of a document or for accepting for deposit a sealed cover containing a will or for attesting a power-of-attorney or accepting an application for cancellation of a power-of-attorney.
S.Rule 49 An application for attendance at a private residence shall be in writing and shall, in all possible cases, be signed by the person on whose behalf attendance is required. It need not be stamped.
S.Rule 50 A requisition for attendance at a private residence shall be complied with as early as possible. If compliance would interfere with the regular business of the office or involve the closing of the office and if the case does not fall under the proviso to section 31 of the Act, a commission should, if practicable, be issued. In cases the issue of commission is impracticable or objectionable, the Registering Officer shall obtain in his deposition-book, a statement from the party concerned justifying the urgency whether due to illness or otherwise and a copy of this statement shall be attached to the report of private attendance.
S.Rule 51 A Registrar or in his absence, the Sub-Registrar attached to the Registrar's Office doing duty as Registrar may attend at a private residence situated within the limits of his district even though it may not lie within the sub-district under his immediate charge; but a Sub-Registrar shall not proceed out of his sub-district for the purpose.
S.Rule 52 Every attendance at a private residence by a Sub-Registrar or under his orders shall be reported to the Registrar, and by Registrar or by a Sub-Registrar, doing his duties shall be reported to the Inspector-General of Registration within twenty-four hours.
S.Rule 53 (i) Persons exempt by law from personal appearance in court are,
(a) women who, according to the customs and manners of the country, ought not to be compelled to appear in public, and
(b) persons of rank specifically exempted by the government.
(ii) A list of persons exempted under sub-rule (i), (b) shall be obtained by the Registrar from the High Court or District Court and communicated to every Sub-Registrar in his district.
(iii) When in the course of attendance at a private residence the Registering Officer is required to record in respect of the same document or documents the admission of co-executants if any, the request may be complied with.
S.Rule 54 (i) A commission issued under section 33 or section 38, shall be prepared in the form shown in Appendix II and shall, when the person to be examined resides within the sub-district, 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 directed to the Sub-Registrar of the latter sub-district. The Sub-Registrar receiving a commission so addressed may, if he cannot attend personally, re-direct it to any officer of his establishment. A Commissioner shall not examine any other executant than the person or persons mentioned in the commission.
(ii) When the commission is for the examination of an executant and has been executed, the Commissioner shall return the document to the office from which it was issued endorsed as follows:--
S.Rule 55 A Commissioner may examine witnesses in the same manner as a 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 punishments which they would incur for the same offence committed in a Registration Office.
S.Rule 56 A Registering Officer may examine the Commissioner personally in his office touching any of the circumstances connected with the discharge of his commission, especially with reference to the voluntary nature of the admission of execution.
S.Rule 57 (i) When a power-of-attorney is executed before a Registering Officer he shall, after satisfying himself of the identity of the party and obtaining when necessary his left thumb impression against his signature, authenticate it in the following form:--
No....................... of 19
Executed in my presence (at ...........*) at (give exact hour and minute) ............ this day ...................... of 19..... by A.B., who is personally known to me/or whose identity is proved by (signature of) C.D. (with addition) and (signature of) E.F., (with addition).
Date &nbs
S.Rule 58 (i) If a document is presented for registration under a special power-of-attorney the power shall be retained and filed in the office with the following endorsement:--
No. ............of 19
Presented with document No.......... of 19 .... of Book ......................Volume ..................
Date.
S.Rule 59 The endorsements prescribed in rules 57 and 58 may be written in English or in the language in which the power of attorney is written.
S.Rule 60 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.
S.Rule 61 Although a power-of-attorney may be registered like any other instrument, it is not valid for registration purposes unless authenticated. When a power-of-attorney is brought to a Registering Officer by a person who does not understand the distinction between authentication and registration, the Registering officer shall explain the difference to him and give him such information as may be necessary.
S.Rule 62 A Registering officer is authorised to authenticate those powers-of-attorney which are executed for registration purposes. A registering Officer shall accordingly, refuse to authenticate a power entirely unconnected with registration.
S.Rule 63 An abstract in the form given in Appendix III shall be retained of each power-of-attorney authenticated by a Registering Officer whether such power is general or special, registered or not registered. The abstract shall be signed by the Registering Officer, and shall be filed in a separate file with a serial number along with other powers retained under rule 58. The notes of interlineations, blanks, erasures and alterations written by the Registering Officer on the original power shall be copied verbatim in the abstract.
S.Rule 64 (i) A party who wishes to revoke a power-of-attorney granted by him for registration purposes being unable to obtain its surrender from its grantee, shall apply by petition to a Registering Officer within whose jurisdiction such power was originally attested or was intended to operate, to have the same revoked.
(ii) A fee of one rupee shall be levied on every such petition presented.
(iii) The registering Officer shall on presentation of the petition satisfy himself as to the identity of the party presenting it in the manner provided in connection with registration of documents.
(iv) Such petition shall be countersigned by the Registering Officer and filed in the office. The countersigned petition shall have the effect of revoking the power-of-attorney.
(v) The revoking petition shall contain a request to the Registering Officer that the revocation of the Power-of-attorney be notified in the Gazette. An Advertisement to the effect on a separate paper shal
S.A. Executing Parties
S.B. Enquiry before registration
S.C. Identification of parities
S.Rule 83 All Registrars and Sub-Registrars may themselves issue processes in compliance with requisitions for summonses made to them. Any person requiring a summons to be issued shall deposit the process fee payable in such cases as well as the amount of expenses to be paid to the person summoned.
S.Rule 84 (1) When a will or an authority to adopt is presented for registration after the death of the testator or the donor, the Registering Officer shall after endorsing thereon the date, hour and place of presentation, the fee realised and after obtaining the signature of the presenting party 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 pasted in a conspicuous part (i) of the registration office, (ii) of the house in which the testator or donor lived, (iii) of the villages where the testator or donor lived, where interested parties may reside and where the property of the deceased is situated, and (c) to be published in the Government Gazette.
(2) The cost of the service of the notice and of its publication shall be levied in advance from the person who presents the document for registration. The cost of publication in the Gaze
S.Rule 85 If a person presenting a will or an authority to adopt, or a person who objects to the registration of such a document on the ground that it was not executed by the testator or donor or that the testator or donor is not dead or that the person presenting the document is not entitled to present the same under section 40 of the Act, desires that witnesses should be summoned, the request shall be complied with and the procedure prescribed in Chapter XII shall be followed.
S.Rule 86 (i) As each person is examined his signature and thumb impression, when necessary, shall be obtained on the document below the endorsement of presentation in the following form:--
The witnesses whose signatures are affixed below have been examined under sub-section (2) of section 41 of the Indian Registration Act, 1908, in reference to the document:— E.F. with addition
G.H. do.
I.J. do.
27th January 1958 Signature of Registering Officer.
K.L. with add
S.Rule 87 18[(i) 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 on record a memorandum in the language in which the document is written or in which a translation thereof is presented, containing a summary of the evidence and reasons for registration or refusal as the case may be. A copy of any such memorandum prepared by Sub-Registrar shall be submitted to the Registrar forthwith.]
(ii) When a will or an authority to adopt is refused registration the refusal order to be entered in Book 2 shall be a re-production of the memorandum.
S.Rule 88 A will or an authority to adopt presented for registration after the death of the testator or donor may be returned to the presentant unregistered, if he so desires, unless it appears that the document is forged.
S.Rule 89 A revocation or cancellation of a will or of an authority to adopt shall be treated as document of testamentary character and shall be registered in Book No. 3.
S.Rule 90 (i) 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 office returns.
(ii) 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 returns.
S.Rule 91 (i) Every entry made under section 43 of the Act in Book 5 shall be dated and signed by the registrar.
(ii) When a sealed cover is withdrawn under section 44 of the Act, the entry relating to the withdrawal shall be signed by the person by whom the withdrawal is made as well as by the Registrar.
S.Rule 92 When a Will executed by two persons jointly is deposited under Section 42 of the Act by both of them in a sealed cover, a request by one of the testators for the withdrawal of the sealed cover after the death of the other testator shall not be complied with. The registrar may however, after procuring satisfactory evidence as to the fact of the death, require the applicant to present an application under section 45 of the Act for the opening of the cover and the copying, at the applicant's expense, of the Will in Book 3. He may then grant the applicant a copy of the Will, if the applicant so desires.
S.Rule 93 (i) Wills sent by post to a registering officer are not presented for registration or deposited, within the meaning of the Act, and sections 42 to 46 are therefore inapplicable to them.
(ii) If a cover purporting to contain a Will reaches a Registrar by post, he shall return it unopened. Should the cover however be retained in the office because the address of the person to whom it should be returned is unknown, the registrar shall record upon the cover the date of receipt and the fact 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.
(iii) A Will so received shall not be delivered to any applicant unless the registrar is satisfied that such applicant is duly authorized to receive it, nor shall the cover be opened on an application under section 45, as it has not been deposited according to the provisions of section 42.
(iv) A cover purporting to contain a Will which may reach a su
S.Rule 94 (i) When a sealed cover containing a Will is opened under section 45 of the Act, the following endorsements shall be made on the Will:--
Having satisfied myself that the testator hereof is dead, the sealed cover containing this Will is opened on the application and in the presence of (signature and addition) this day of....... 19
&
S.Rule 95 When a Will is forwarded to a court it shall be accompanied by a memorandum intimating the fee payable for opening the cover and the charges for copying in view to these being collected by the court and remitted to the registrar. An acknowledgement of the receipt by the court of the cover or Will shall also be obtained and filed in the office.
S.Rule 96 When a citation is issued by a court to produce or forward a Will deposited with the registrar under section 43, it shall be sent through a clerk in a sealed cover or when this is not practicable by registered post, acknowledgement due.
S.Rule 97 When a sealed cover containing a Will is opened, the cover which contains the depositor's superscriptions and the registrar's endorsement shall be preserved carefully or a record maintained as to its disposal.
S.Rule 98 (i) The endorsement prescribed by sections 52 and 58 of the Act and the certificate prescribed by section 60 shall be written by the registering officer himself in the form prescribed in Appendix V or as near thereto as circumstances permit 19[unless he gas been specially authorised by the Inspector-General of Registration to use an endorsement stamp.]
(ii) The presentants, executants and the witnesses may be required to write their names and additions themselves in the endorsements made on documents, when they are able to do so.
(iii) The names and addition of a party who is required to sign in the endorsements but who is not able to do so shall be written by the Registering Officer himself. Where the addition is entered by the party himself [sub-rule (ii)] the registering officer shall satisfy himself that the addition as entered is complete and that it corresponds with the details given in the document or statement made by the party.
20[
S.Rule 99 An executing party shall be required to use the same language in signing the endorsements as he has used in signing the instrument.
S.Rule 100 The Registering Officer shall ordinarily write the endorsements on documents in the language in which it is written or a translation thereof is presented.
S.Rule 101 If there is not sufficient blank space in the instrument for the endorsement and certificate, they may be entered on a separate slip or sheet of paper which shall be attached to the document, and a note of the fact shall be made on the document itself and signed by the Registering Officer. A note shall also be made on the sheet of paper so attached, so as to indicate clearly, the document of which the sheet forms a part and this note shall be signed by the Registering Officer.
S.Rule 102 21[When a document occupies more than one sheet of paper, the number of the document of which the sheet forms a part, the total number of sheets which the document consists of the number of the sheet and the signature of the Registering Officer, shall be endorsed on all the sheets, when the document is admitted to registration, and the seal and date of registration affixed to the endorsements when furnishing the registration certificates.]
S.Rule 103 The entry "identified" by shall be made by the Registering Officer above the signature of witnesses examined for purposes of identification, and the entry "witnesses examined" above the signatures of witnesses who are examined for any other purposes. When an executant is a Gosha lady and is examined through a hammamnee or female attendant, a special form of endorsement as shown below shall be made by the Registering officer and the signature of the hammamnee or female attendant shall be obtained on the document as a witness after the Registering Officer has recorded a brief deposition from her with reference to the duty she has performed.
"Identified by inspection behind the purdah, by A.B. (Signature with addition) who is her (relationship to be stated) and by C.D. Signature with addition...............".
S.Rule 104 When a document is executed by a person as a guardian or an agent he shall be described as such in the registration endorsement .
S.Rule 105 (i) When a person executes a document both for himself and as agent or guardian of a minor, an idiot, or a lunatic, the registration endorsement shall contain two distinct signatures, one for admission of execution by the person himself and the other for admission as agent or guardian.
(ii) When there are more persons than one under the guardianship of a single person, the registration endorsement need contain only one signature on behalf of all such persons, but all their names shall be specified.
S.Rule 106 (i) when a person presents or admits execution of a document for another under a power-of-attorney, the registering officer's endorsement should state the date and place of attestation of such power.
(ii) when the presentation and the admission of execution of a document are made by an agent under a power-of-attorney reference to the authority under which the agent acts shall be given in the endorsement of admission of execution, the fact that the presenting party is an agent being entered after his signature below the endorsement of presentation.
(iii) The endorsement of presentation, made on a document under Section 88(2) and Rule 29(ii) shall mention the number and date of the covering letter with which it is presented and the designation of the Government Officer or other person concerned.
After the presentation, endorsement is made the Registering Officer shall endorse on the document that he is satisfied that the document is executed by the Officer mention
S.Rule 107 (i) when the amount of consideration mentioned in a document presented for registration is paid before the Registering Officer the signatures of the payer and of the payee shall be obtained below the endorsement of payment.
(ii) When the consideration is paid before the Registering Officer in currency notes and any party to the transaction desires that the numbers of the notes shall be noted in the endorsement, the request shall be complied with.
(iii) When money is paid on behalf of the claimant by his agent, messenger or servant, the words "on behalf of the claimant" with the name of the claimant shall be added after the name of the payer in the endorsement.
(iv) If any person admits execution of a document presented for registration, but denies the receipt in whole or in part of the consideration recited therein, registration shall not be refused because of such denial, but a note of the denial shall be made in the endorsement under section 58.
S.Rule 108 The certificate of registration shall be added by the Registering officer only after the document has been copied and indexed and the entry compared.
S.Rule 109 (i) In the case of a document presented for registration in duplicate or duplicates the duplicate or duplicates shall be examined with the original and shall bear the following additional endorsement:--
Duplicate (or triplicate).
Difference between the original and the duplicate (or triplicate).
Interlineations, blanks, alterations, and erasures in this.
Compared by Reader.
Examiner. Date
S.Rule 110 A document which is partially registered as regards some of its executants and refused as regards others shall have two distinct endorsements, the one of admission signed by such of the executants as admit execution, and the other of refusal, being written below the seal and signature affixed to the certificate of partial registration and signed and dated by the Registering Officer.
S.Rule 111 The signatures of witnesses examined in the course of an enquiry before a Registrar under section 74, whether in reference to an appeal case or as regards a document the execution of which has been denied before him, need not be endorsed on the document in respect of which the enquiry is made.
S.Rule 112 When a document is registered by a Registrar after enquiry under section 74, the following note shall be endorsed on it, in lieu of the endorsement of admission of execution:--
I am convinced from the evidence adduced in the inquiry held under section 74 of the Registration Act that the document was executed by A.B.
Date. Signature of registrar.
S.Rule 113 An endorsement made on a document represented for registration under an order of a Registrar or a Court shall quote the number and date of the order under which it is represented.
S.Rule 114 (i) A receipt shall be granted for each document presented for registration, for each power-of-attorney presented for authentication and for each sealed cover deposited and for every fee or fine levied by a Registering Officer.
(ii) An application for transfer of revenue registry presented with a document shall be acknowledged in the receipt for the document.
(iii) When the fees consist of several items, each item shall be separately entered in the receipt so as to admit of any overcharge being traced. In the case of copying fees the number of sheets or words for which fee was levied and in the case of mileage, the number of miles, shall be entered.
(iv) The requisite entries shall be made and signed 22[in duplicate receipt with copying pencil using double faced carbon paper] and the duplicate given to the party concerned.
(v) No Registering Officer shall in any case issue copies or duplicates of receipts in lieu of those alleged to be lo
S.Rule 115 The receipt for a document shall be handed over to the person presenting the document or to his nominee, after obtaining in the counterfoil the signature of the presentant to the endorsement of nomination, and also the signature of the nominee, for the purpose of comparison when the nominee appears to take back the document.
S.Rule 116 (i) If a document is ready for transcription on the day of its presentation, the day and hour when it will be ready for return shall be endorsed on the receipt. In the case of a document returned pending an enquiry or a reference, the day and hour of return shall be communicated to the presentant or his nominee by a separate notice issued on the day when the document becomes ready for transcription. If, however, in the later case the receipt is produced on the day when the document is ready for transcription and the document cannot be returned on that day, the information may be endorsed on the receipt itself.
(ii) When a document is not ready for return on the date entered on the receipt or in the notice, the entry of that day shall if the receipt or notice is produced before the Registering Officer, be cancelled and the probable latter date on which the document will be ready shall be entered under the initials of Registering Officer.
(iii) C
S.Rule 117 A document shall, if possible, be returned on the date of its admission to registration.
S.Rule 118 In order to obtain delivery of a document the person entitled to claim back the same shall produce the receipt, and the Registering Officer shall thereupon obtain his signature to the acknowledgement in the counterfoil and return both the document and the receipt after endorsing on the latter the date of its return and initialling this entry. A person entitled to claim back a document who is known to the Registering Officer may obtain the return of a document by sending the receipt to the Registering Officer through a messenger with a requisition endorsed on the receipt and signed by himself for the delivery of the document to the messenger. The document may then be handed over to the messenger after his acknowledgements and thumb impression have been taken in the counterfoil of the receipt, the receipt being retained in the office and pasted to the counterfoil.
S.Rule 119 (i) In the event of a receipt being lost, the person who should have produced it may receive the document on making and signing on the counterfoil of a declaration of the loss and, if required by the Registering Officer, affixing his thumb impression thereto.
(ii) In the event of the presentant of a document dying before taking back the document, the representative or representatives of the deceased may receive the same on producing the receipt and a certificate of heirship from the Village Officer of the village in which the deceased lived. If the receipt is lost, the representative or representatives may receive the document on making and signing a declaration as prescribed in sub-rule (i).
S.Rule 120 (i) When a nominee fails to take back a document within seven days from the date noted on the receipt as that on which it will be ready for delivery, the nomination may be revoked by the person by whom it was made by an entry signed by him to the effect in the counterfoil.
(ii) In the event of a nominee dying before taking back the document and before the nomination is revoked as mentioned in sub-rule (1), the registrar may, in his discretion, order the document being returned either to the presentant or to the representative or representatives of the deceased person.
S.Rule 121 When a party to a document objects to its being returned to a person in whose favour the receipt has been drawn up, the objection shall not be allowed to prevail, unless such party can satisfy the Registering Officer that he has applied to a competent court for an injunction to restrain the Registering Officer from returning the document.
S.Rule 122 When an impounded document is received back from the Collector after adjudication of stamp duty, the Registering Officer shall immediately give notice in writing to the presentant or to the person authorised by the presentant to take delivery of the document, either to take steps to complete the registration of the document or to take delivery of the document.
S.Rule 123 23[When proceeding to attend at a private residence, the receipt book shall not be taken by the Registering Officer. For the fee realised from the party the Registering Officer shall draw up a provisional receipt in duplicate by carbon process in the form prescribed by the inspector-General of Registration and the carbon copy thereof shall be issued to the party. The original of the receipt shall be retained and kept serially numbered by the Registering Officer, in separate bundles for each year. In such cases, nomination to take back the document, if any, shall be obtained in a separate slip which shall be initialled and dated by the Registering Officer. On returning to office, regular fee receipts shall be drawn up in the usual manner and the nomination slip if any obtained shall be pasted on the back of the regular receipt to be retained as office copy. When the party or nominee comes to take delivery of the document, the regular receipt shall be handed over to him, af
S.Rule 124 These rules do not contemplate the return of a document by Post, but a document may be so returned if the presentant or his nominee desires this course to be followed, and at his own risk, and at his expense, subject to the conditions mentioned below:--
(i) The presentant or his nominee shall sign an endorsement on the counterfoil of the receipt authorising the return of the document or documents by registered post to an address to be specified and shall deposit therefore the actual cost of postage, the postal registration fee, and the fee for obtaining the acknowledgement of the addressee.
(ii) When a person presenting two or more documents for registration at the same time desires that they should be returned by post to the same address, the actual cost of postage, registration and acknowledgement charges, etc., shall be deposited and separate deposits shall not be required in respect of each document.
(iii) The amount paid shall be included
S.Rule 125 The registers shall be maintained in accordance with such instructions as the Inspector-General of Registration may from time to time prescribe, provided that no erasure 24[or alteration] shall be permitted and that every page shall contain a uniform number of lines.
S.Rule 126 Every entry of a registered document shall be an exact copy of the original. If any abbreviation is used in the original it shall be reproduced in the copy. If a word in the original is miss-spelt, or if a word is repeated by mistake, or if some word necessary to complete the sense is omitted no attempt shall be made to correct the error, or delete the repetition or supply the omission. The entries shall be made neatly and legibly.
S.Rule 127 When a document is presented for registration in duplicate or duplicates, it shall not be necessary to enter the document more than once in the register book.
S.Rule 127A 25[(i) With the previous sanction of the inspector-General a special volume of Register Book 1 or Book 4 in the form of a file-book with numbered butts may be opened in any office for the registration of documents of a temporary character and leases, whatever be their term, which are prepared on forms printed on such paper and in such form as may be approved by the Inspector-General of Registration.
(ii) The copy of each document shall be made by the registering staff by filling in the blanks in a spare copy of the printed form and on this spare copy the endorsements and the certificates of registration entered on the original document shall be copied and the prescribed footnotes shall be added.
(iii) The copy thus prepared shall be duly examined in the manner in which copies made by hand in the ordinary register books are required to be examined and shall be filed in the file-books mentioned in clause (i). When a map or plan is attach
S.Rule 128 (i) Notes of interlineations, erasures, alterations or blanks in documents shall be so entered in the register as to show precisely what word or words have been interlined or altered and the places in which erasures or blanks occur in the original. In the majority of cases the simplest plan is to under-score the particular word or words interlined or altered or put a dash at the place where the erasure or blank occurs and write the letters, 'a', 'b', 'c', 'd' above with corresponding footnotes.
(ii) Similar footnotes shall also be made in regard to interlineations, 26[scorings], etc., in the entry of a document in the register. The particular word or words interlined or inserted shall in the entry be flanked by brackets and the figures (1), (2), (3) and (4) etc., entered above the bracketed portions with corresponding footnotes.
When an interlineation or scoring 27[x x x x] extends beyond one line the entire interlineation or scorin
S.Rule 129 (i) The stamp vendor's endorsement and any certificate relating to the stamp shall be copied at the end of the entry of the document in continuation of the signatures of the executants and witnesses and the value of the stamp (stamp-papers and labels) shall then follow in words. After the close of the entry so made a line shall be drawn to the end of the column so as to prevent any addition being made.
(ii) When a document is engrossed on two or more stamps the entry regarding the value of stamps shall show the number of stamps and their total value thus:-- "Two stamps Rs. ............"
(iii) When no stamp is used on a document the entry shall be 'stamp--nil'.
S.Rule 130 In the case of a document impounded, after registration for adjudication of stamp duty, the certificate of stamp added by the District Collector shall, before the document is returned to the party, be copied as footnote below the entry in the register thus:--
"This document was impounded, after registration, for adjudication of stamp duty and the Collector has certified on it thus (here enter certificate with date)". The entry shall be signed and dated by the Registering Officer .
S.Rule 131 (i) Any portion of the column allotted for the endorsement and certificate which is likely to remain unoccupied after they have been copied shall be utilised for the entry of the document.
(ii) Similarly any occupied portion of the column allotted for the copy of the document may be utilised for the endorsement and certificate. In the latter case when the stamp entry closes at the end of a line the whole of the next line shall be ruled across so that it may be seen at a glance where the copy of the document ends.
(iii) If a page of a register book is not fully occupied by the entry of a document, the entry of the next document shall be commenced on the same page after leaving a space of four lines after the last entry of the previous document, for writing subsequent footnotes if any, such as notes regarding rectification or cancellation or destruction of a document which has to be entered subsequent to the authentication of the entry by the Reg
S.Rule 132 If a document is printed or engrossed both in English and in a local language, the English text alone or the local language alone whichever has been filled up, shall be treated as the document to be registered and transcribed in the register, the other portion being left out of account. If however the blanks are filled up in both the English and the local language texts and the party treats both the texts as forming the entire document and desires that both shall be registered, both the English and local language portions shall be transcribed in the register.
S.Rule 133 (i) After a document, the endorsement thereon and the certificate have been transcribed in the register the correctness of the copy shall be ensured by causing the original to be read aloud by some officer other than the copyist while the entry in the register is followed ordinarily by the Head Clerk or in his absence the senior clerk present.
(ii) The Registering Officer shall examine a certain percentage of the entries in order to satisfy himself that documents are re-produced accurately and faithfully.
(iii) After completion of the examination referred to in sub-rule (i) the footnotes of interlineations etc., and the notes regarding duplicates shall then be entered in the register. The copyist and the examiner shall after satisfying themselves as to the correctness of these footnotes, sign below them thus:--
S.Rule 134 The Registering Officer shall then initial at both ends of each interlineation or 31[scoring] in the register and when the interlineation or 31[scoring] extends beyond one line, at the beginning and end of the 32[scored] or interlined portion in each line, (affixing his initials to the footnotes referred to above) and authenticate the entry by affixing his signature legibly at the foot of the entry on the last page and by initialling at the foot of every other page occupied by the document .The authentication shall be made immediately a document has been copied, compared and indexed.
S.Rule 135 No document shall be returned to a party before the entry of it in the register has been authenticated by the Registering Officer.
S.Rule 136 Each volume of a register book shall continue in use until all the pages are filled up. When for special reason a volume of a register book is closed on a page other than the last page, a certificate to that effect shall be appended at the foot of the last entry and a certificate specifying the number of pages which have been utilised shall be entered on the title page each signed and dated by the Registering Officer. If a page is left blank by oversight in any part of a volume, a certificate stating that the omission is accidental shall be entered on such page after obtaining the approval of the Registrar. The order of the Registrar should be quoted in the certificate. Additional pages shall not on any account be inserted in a volume.
S.Rule 137 (i) When an instrument is executed in the form of an endorsement written across or at the foot or back of any instrument previously registered in the same office or in any other office which has since been abolished and whose records are kept in the first mentioned office, e.g., the transfer of an interest, a receipt or discharge acknowledging consideration money or any payment secured by the registered instrument, such endorsement shall, when presented for registration be numbered and registered as a separate instrument and a note in the following form shall be entered in the register:--
Note.-- "Written across (or at foot or on the back of) document
No. .............. of 19........... Book.............. Volume........... Page......................"
(ii) If the endorsement has been made on an instrument previously registered in another office or on an unregistered instrument the entire instrument as well as the endorsement shall be copied
S.Rule 138 (a) On the registration of a document which revokes or cancels, or rectifies an error in, or modifies the terms of a document previously registered in the same class of register book or of a return of lands acquired under the Land Acquisition Act for the time being in force or of a document received and filed under section 89 of the act or on the receipt of a communication from a Revenue Officer or from a court which intimates a similar revocation, cancellation, rectification or modification, a note shall be entered at foot of the entry of the latter document or communication as under:--
"This document/communication revokes (cancels, rectifies or modifies) document No. .......... of 19............ copied/the document filed/the return filed at pages ........................... Volume ........................ of Book/File Book/ File Book 1", and at foot of the previous entry or of the document previously registered or filed a note shall be entered as shown below:--
S.Rule 139 If a registered document is declared by a court to be a forgery or to have been registered under an admission made by a person who falsely personated the executant a note calling attention to the fact shall be entered at the foot of the entry in the register and when practicable on the document .
S.Rule 140 In all cases of re-registration the document shall be copied in the register in extenso and a number shall be assigned to it precisely as if it had not been already registered.
S.Rule 141 Indexes Nos. I, II, III, and IV shall be prepared on loose sheets lettered alphabetically and shall contain the particulars shown in Appendix VI -- a fresh set of sheets being used for each calendar year. 2[If documents are presented in languages other than English they shall be prepared in Malayalam and documents presented in English language shall be prepared in English].
1[Note.-- Notwithstanding anything contained in this rule the indexes of documents registered in the Sub-Registry Offices of Kasaragod and Manjeshwar shall be prepared both in Malayalam and Canarese.]
S.Rule 142 The names of all persons executing and claiming under documents shall be entered in full wherever possible. If a person is known under two names each shall be indexed separately. The name of the executants who admitted execution shall alone be indexed.
S.Rule 143 The names of all persons executing documents shall be entered in one column and the names of all persons claiming under documents in another column. In indentures, deeds of partition and similar instruments, the fact that the party claiming under the document is also an executing party shall be indicated by writing the name across both these columns.
S.Index Nos. I, III and IV
S.Index No. II
S.Subsidiary index
S.Examination of indexes
S.Indexes to Book 5
S.Rule 154 Every application to a Registering officer for an inspection, a search, or a copy shall be made in writing. The application shall be in the prescribed form. These applications need not be stamped.
S.Rule 155 An application for a search or for a copy of an entry in Books I to IV may also be received and complied with through the medium of post, the postage charges being borne by the applicant, in such cases special care shall be taken to ensure that the provisions of sub-sections (2) and (3) of section 57 are satisfied and the title of the applicant to have the copies shall be proved to the satisfaction of the Registering Officer. An applicant may, if he so desires, authorise in the application the return of the copy or encumbrance certificate by registered post to an address to be specified by him and deposit in cash the amount required to cover postage. The amount shall be included in the receipt granted to the party. The amount collected to cover postage shall be entered in the cash account and when the copy or certificate has been made ready the actual charges shall be credited to the proper account and the balance if any returned to the applicant. The application for the return of a
S.Rule 156 An application for a search in respect of property situated in more sub-districts than one or in a village which has been transferred from one sub-district to another may be presented to any of the sub-registry offices in which the property or any portion of it is situated or to which the village is or has been attached.
When such application is made it shall be accompanied by a deposit of money sufficient to cover the prescribed search fee. The Sub-Registrar to whom the application was made shall make the search in the records of his office and prepare the certificate. He shall send a copy of the application immediately after its admission to other Sub-Registrar or Sub-Registrars concerned. The latter shall after making the search furnish the former with a certificate. The certificates prepared in the different offices shall then be delivered or transmitted to the party after refunding to or collecting from him any surplus or deficiency of the amount deposited. All the money
S.Rule 157 (i) An application for a search or for a copy of any entry contained in a book which has been transferred to the office of a Registrar may be made to such Registrar either direct or through the Sub-Registrar in whose office the entry was originally made.
(ii) When such application is made to Sub-Registrar, it shall be accompanied by the requisite stamp and other papers and by a deposit of money sufficient to cover the prescribed search fee and the estimated cost of copying charges and the postage. The Sub-Registrar shall cause a search to be made in the indexes shall endorse on the application the number and year of the document, the particulars of the volume and the pages thereof containing the copy of the document and shall forward a copy of the application so endorsed with the stamp and other papers to the Registrar concerned. The latter shall cause the copy to be prepared and furnished to the Sub-Registrar with a bill for the copying charges. On receipt
S.Rule 158 Government Officers of the Kerala State who may require to search the registers or to take copies of entries for bona fide public purposes shall be permitted to do so, without payment of any fee.
S.Rule 159 Fees for searches shall be payable in advance.
S.Rule 160 In complying with a requisition from a court which involve a search or the preparation of a copy of any document the Registering Officer shall forward to the court a memorandum of the fees payable on that account with a view to the amount being remitted by the court.
S.Rule 161 The fee for a search shall entitle the 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 the fee shall not be refunded, but the applicant may, if he so desires, be granted a certificate stating that the entry sought for has not been found in the books.
S.Rule 162 A search fee shall not be levied for the grant of a copy of document:--
(a) admitted to registration but not transcribed into the register;
(b) presented but not yet admitted to registration; or
(c) the registration of which has been refused.
S.Rule 163 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;
(ii) for making a general search in respect of one and the same property in the record 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 villages, as the result of survey and settlement operations, the search has to be made in the indexes of more than one village.
S.Rule 164 When a search is made in respect of more than one entry or more than one document executed by, or in favour of one and the same individual, search fee shall be levied separately for each office in which the nominal indexes have to be searched.
S.Rule 165 (i) When an application for a search is presented and the requisite fees have been paid, the Registering Officer shall enquire whether the applicant will himself make the search or desires 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 certificate of encumbrance showing the result, shall be noted on the application by the clerk, and signed by him.
(ii) Whenever an entry found on a search is read out to an applicant, under rule 161 a note shall be made on the application to the effect that this has been done and, when the applicant does not require a copy of such entry, this fact shall also be noted on the application and the signature of the applicant obtained thereto.
S.Rule 166 All inspections and searches of books and indexes shall take place in the presence of the Registering Officer.
S.Rule 167 A copy of an entry shall not be made from any book until the Registering Officer has scrutinized the entry generally.
S.Certificate of encumbrance
S.Production of Register--Books in Court
S.Rule 177 Evidence required by a Registering Officer shall be taken by himself or by someone appointed under a commission.
S.Rule 178 The oath or affirmation to be made before a Registering Officer by a deponent shall at his option be in any of the following forms:--
A
"The evidence which I shall give shall be the truth, the whole truth, and nothing but the truth. So help me God".
B
"I solemnly affirm in the presence of Almighty God that what I shall state shall be the truth, the whole truth and nothing but the truth".
C
"I affirm that what I shall state shall be the truth, the whole truth, and nothing but the truth".
S.Rule 179 (i) When execution is admitted and the endorsement is signed by the party admitting execution, and when witnesses are examined merely with reference to the identification of the parties appearing, the prescribed endorsement is itself a sufficient record. A record of the substance of the statements shall, however be made in the following cases:--
(a) When execution is denied;
(b) When a person admitting execution refuses to sign the endorsement;
(c) When a person admits execution on protest or with reservation;
(d) When an enquiry is held as to the alleged death of an executing party;
(e) 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 as a guardian of an infant, or as the curator of an idiot or a lunatic.
(f) When any person is examined as to the age of a party who appears to be a minor or as to the sanity of a party w
S.Rule 180 Memoranda of registered documents required for transmission under the provisions of sections 64 to 67 of the Act shall be prepared in the form prescribed in Appendix VIII.
S.Rule 181 The copies or memoranda required shall be made in the office of original registration at the expense of the party presenting the document for registration. They shall be forwarded with an intimation form which shall be returned receipted by the officer to whom it is addressed.
S.Rule 182 The copies and memoranda and translations received in a registration office shall not be given a document number in that office but shall be filed in the file book 1 or in the file of translations as the case may be and indexed with reference to the page of the volume in which they are filed.
S.Rule 183 When a document is registered in duplicate or duplicates no memorandum or copy is required to be forwarded under sections 64 to 67 in respect of the duplicate or duplicates but the number of copies registered with the original shall be noted in the column headed "Number and year of document" in the memorandum prepared from the original.
S.Rule 184 A memorandum of a registered document transmitted under sections 64 to 67 shall be prepared in Malayalam or English.
S.Rule 185 When a Registering Officer finds that a correction is necessary in a copy or memorandum of a document forwarded by him to another Registering Officer, he shall send an erratum to the latter, who shall file it in file book No. 1, carry out the correction 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 and the Indexes shall also be corrected accordingly.
S.Rule 186 When a document cancels or rectifies an error in a document previously registered in Book 3 or 4 in another office a memorandum shall be sent to that office without levying any fee. This memorandum shall be filed in the file of appeal orders and judgements in the office to which it is transmitted. This rule applies to a document registered in a Registrar's Office also. The memorandum need not be indexed in the receiving office. But the requisite notes should be written below the entry of the document which the memorandum relates.
S.Rule 187 (i) In the event of a document being registered in a wrong register book, the registration shall stand but the Registrar will direct that the requisite particulars regarding the document should be entered in the appropriate place in the indexes relating to the proper book with a reference to the volume and page of the book in which the document has been copied.
(ii) Corresponding notes shall also be entered in the entry in the wrong book as well as in the indexes relating thereto.
(iii) In cases in which copies and memoranda under sections 64 to 67 had been forwarded at the time of registration in the wrong book and in cases in which the forwarding of such copies and memoranda become necessary for rectifying the error, the requisite notice of the error in the former and the requisite copies and memoranda in the latter shall be forwarded free of cost.
S.Rule 188 (i) Where by inadvertence a document is registered in a wrong office, Registering Officer shall inform the executing and claiming parties of the fact and advise them to apply to the Registrar for a direction under section 68 for its registration afresh in the proper office.
(ii) Where the proper office of registration is in a district other than that in which the officer of wrong registration is situated, the application shall be made to the Registrar of that district.
(iii) When a direction is so issued to a Sub-Registrar he shall register the document without the levy of any fee and in the endorsement of presentation shall refer to the orders of the Registrar.
(iv) The Registering Officer in whose office the document was originally registered shall in any case forward to the proper office, free of charge, a copy or a memorandum of the document in accordance with the procedure prescribed by sections 64 to 66 and the receiving officer shal
S.Rule 189 38AB[Where any loss occurred to the Government in the registration of a document, the making of a search or the grant of a copy of a document or in any other case, shall be recovered in the following manner,--
(i) The Registrar shall be the authority under section 80A of the Act to grant certificate for recovery of fees.
(ii) Where fee once paid is subsequently found to be insufficient due to the fact that the value of the property or consideration, as the case may be, has not been truly set forth in the document, such insufficient fees shall be realised on issue of a certificate by the Registrar.
Provided that such certificate shall be granted only after the value of the property set forth in the document has been finally determined by the Collector as per section 45B of the Kerala Stamp Act, 1959 (17 of 1959).
(iii) In all other cases other than which is mentioned in sub-rule (ii), the Registrar shall grant certificate after following the pro
S.Rule 1 The offices of all Registrars and Sub-Registrars shall be open for at least seven hours, a day, Sundays and holidays excepted. The usual hours shall be from 10.30 a.m. to 5 p.m., on all working days and these shall not be altered except with the approval of the Inspector General of Registration. If an alteration of these hours is sanctioned by the Inspector General, a notice showing the altered hours shall be affixed in a prominent place in each office for the information of the public.
S.Rule 2 1[In the offices of the sub-Registrar, which function from 10 a.m to 5 p.m documents shall not be accounted for registration after 3.30 p.m. But in such offices which function from 10.15 a.m to 5.15 p.m. documents shall be accepted for registration till 3.45 p.m. The remaining portion of the day shall be used for work in connection with the documents already accepted and for other miscellaneous items of work including the closing of accounts in those offices].
S.Rule 3 The holidays to be observed in registration offices are the holidays notified by the Government.
S.Rule 4 A document or a sealed cover purporting to contain a will shall not be accepted for registration or for deposit under section 42 on Sundays and other authorised holidays, except in special urgent circumstances and on payment of the fee, if any, prescribed by government in that behalf. When a document is accepted for registration under this rule, the fact should be reported to the higher authority explaining the urgency.
There is, however, no objection to accept documents for registration or sealed covers for deposit or powers of attorney for authentication at a private residence out of office hours or on a Sunday or other authorised holiday, and for completing the registration of such documents or of the documents accepted on previous days or for the return of documents on such days if the Registering Officer is in the office.
S.Rule 5 A registering officer shall, unless specially permitted by the inspector General of Registration, live within his jurisdiction and at a distance not exceeding four kilometres from the office. A notice stating where the Registering Officer lives shall be affixed outside each Registration Office.
S.Rule 6 A Registrar shall report to the Inspector General of Registration, whenever he leaves his headquarters.
S.Rule 7 A Sub-Registrar shall report to the Registrar, whenever he leaves his headquarters.
S.Rule 8 When two or more offices are established in a Sub-District as joint offices each of the officers appointed to the charge thereof shall be designated joint Sub-Registrar and shall have concurrent jurisdiction over the whole Sub-District.
S.Rule 9 (i) When a joint Sub-Registrar is appointed, either temporarily or permanently, to assist a Sub-Registrar, he will have no separate office or establishment but will work side by side with the Sub-Registrar, the documents registered by both of them being entered in the same returns and registers and indexed in the same sheets.
(ii) In such cases, the registration of a document accepted by one officer shall be completed and the entry relating thereto authenticated by the same officer and not by the other.
(iii) The senior of the two Sub-Registrars shall sign and be designated as sub-Registrar and the other as joint sub-Registrar. The senior Sub-Registrar will be in charge of the administrative control of the office.
S.Rule 10 2[(1) In an office of the sub-Registrar, when the Sub-Registrar is absent the Joint Sub-Registrar and in his absence the Junior Superintendent will be in-charge of the office. If there is no joint Sub-Registrar or junior Superintendent, the Head Clerk and in his absence the senior most clerk with the test qualification in that office shall be in-charge and shall attend to the duties of the Sub-Registrar.
(2) The junior Superintendent of an office of the Sub-Registrar or, where there is no Junior Superintendent, the Head Clerk of that office shall also be the Registering Officer for the purpose of section 57 of the Registration Act. In discharging functions under that section they shall sign and designate themselves as "Junior Superintendent/Head Clerk exercising the powers of the Registering Officer".]
S.Rule 11 (1) When a Registrar is absent or on other duty the Sub-Registrar whose office has been amalgamated with the Registrar's Office and when there are more such Sub-Registrars than one, the senior Sub-Registrar of that office shall perform the duties of the Registrar excepting the work of inspection and the hearing of appeals and applications under sections 72 and 73.
(2) 3[(2) The Registrar and the Sub Registrar, whose office is so amalgamated, when there are more such Sub Registrars than one, the senior Sub Registrar among such Sub Registrars, shall not ordinarily be absent from the headquarters at the same time, whether on casual leave or otherwise. When both officers happen to be absent, the Joint Sub Registrar in the said Sub Registrar's office, if any, or any other officer not below the rank of Sub Registrar specially authorised by the Inspector General of Registration, shall perform the duties of the Registrar except the work relating to inspection and hea
S.Rule 12 (i) The seal shall always remain in the personal custody of the Registering Officer.
(ii) It shall be used in authenticating:--
(a) the certificates endorsed on a registered instrument under section 60;
(b) Powers-of-attorney attested under section 33;
(c) Summons and commissions issued under sections 33 and 38;
(d) Certified copies under section 57;
(e) Memoranda and copies forwarded under sections 64 to 67 and under Rules 28, 185, 186, 187(iii) and 188(iv);
(f) copies of orders of refusal to register, granted under sections 71 and 76;
(g) copies other than those above referred to granted to parties;
(h) certificates and lists granted to applicants under rules 168 and 169;
(i) copies of judgments of Registrars in appeal cases; and
(j) reproduced entries of old registers.
S.Rule 13 should a Registering Officer find himself temporarily unprovided 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.
S.Rule 14 The Registers shall be in the forms shown in Appendix I.
S.Rule 15 (i) Where necessary more than one volume of the Books 1, 3 and 4 may be used simultaneously for the registration of documents.
(ii) The several volumes of each class of registers shall be serially numbered.
S.Rule 16 A file book shall be maintained in each Registration Office corresponding with Book 1. In this shall be filed:--
(a) omitted.
(b) copies and memoranda of registered instruments received under sections 64 to 67 and rules 28, 185, 4[x x x x], 187(iii) and 188(iv);
(c) copies of certificates and orders and instruments received under section 89 and also under the Civil Procedure Code and copies of final decree under the Civil Rules of Practice;
(d) returns of lands acquired under the Land Acquisition Act;
(e) communications received from officers of other departments intimating the cancellation, modification or rectification of transactions evidenced by papers previously filed.
S.Rule 17 A separate file shall be opened for filing translations presented under sub-rule (ii) of rule 22. The copies and translations placed in this file shall be connected by cross reference with the entry in the register.
S.Rule 18 The Registers and file books shall contain such number of pages as the Inspector-General may from time to time prescribe.
S.Rule 19 Should a Registering Officer who requires a fresh register book have no blank register in stock, instruments tendered for registration shall, nevertheless, be received as usual, the necessary enquiries made and the prescribed endorsements entered. But the instrument shall remain in the custody of the Registering Officer until the action provided by the Act and Rule is completed.
S.Rule 20 The Inspector-General of Registration will arrange for the supply of books and forms required for use on proper indents from the subordinate offices.
S.Rule 21 English and Malayalam shall be deemed to be commonly used in the Kerala State. Tamil may be deemed to be commonly used in Peermade and Devikulam Sub-Districts of the Kottayam District and Chittur and Nemmara Sub-Districts in the Palghat District and Canarese in the Sub-Districts of Hosdrug, Kasargod, Manjeshwar and Trikarpur of Tellicherry District.
S.Rule 22 (i) The stamp vendor's endorsement on a document shall be considered to be part of the document, and if it is in a language not understood by the Registering Officer, the party concerned shall be required to file a translation.
(ii) 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 the power-of-attorney is written in a language not commonly used in the District, the Registering Officer may, if he does not understand the language, demand a true translation of the power in a language commonly used in the District also being produced.
(iii) The translation shall be certified to be a true translation and shall be signed by the presentant.
(iv) Deleted.
(v) The copies and translations mentioned in this rule as well as in rule 16, shall be in the form prescribed and supplied by the Department.
S.Rule 23 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 District,
(b) The Registration Sub-District,
(c) The Taluk and firka or proprietary estate,
(d) The amsom, village or pakuthy, desom, muri, kara or chery, hamlet or sub-urban, in which the property referred to in a registerable document is situated,
(e) The survey and sub-division number or numbers,
(f) The full description of the land, the boundary, the nature and tenure of the land concerned and the extent (of each survey of sub-division number of which the property is comprised in acres and cents and also in hectares and ares), both in figures and words:
Provided that after the transition period of three years commencing 1st October 1962, it shall not be necessary to express the extent in acres and cents.
Note.-- The rules s
S.Rule 24 If property is described in a document by a 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 instrument contains the particulars required by rule 23 and such a description of the property as is required by the rules in force, the description need not necessarily be repeated in the document.
S.Rule 25 Whenever any non-testamentary document presented for registration relates to land situate in any local area in respect of which the Government have issued a rule under section 22(1) of the Act requiring description by reference to a Government map or survey, the Registering Officer shall satisfy himself that if the land comprises one or more entire survey fields or sub-divisions the document specifies the number of each field or sub-division and that if the land has no separate number assigned to it, the document specifies the number assigned to the field or sub-division in which the land is situated and further includes a description of land sufficient for its identification.
S.Rule 26 The description of property shall be given in the form of a schedule and shall contain such other particulars as may be prescribed by the Inspector-General of Registration from time to time.
S.Rule 27 (a) A document relating to immovable property which is situate partly within and partly without the areas to which the Indian Registration Act applies may be registered in the office of any Registering Officer within whose jurisdiction any portion of the property is situate; but in such a case the certificate of registration 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 applicable.
(b) A document relating to immovable property situated wholly outside the tracts to which the Indian Registration Act applies may be registered by a Registering Officer in Book 4, but the presentant shall be warned by a note below the registration certificate that its registration does not affect the right in the property.
S.Rule 28 A Registering Officer having jurisdiction to accept a document for registration at the time of its presentation to him shall complete its registration notwithstanding the fact that the village in which the property affected is situated has been transferred from his jurisdiction subsequent to the presentation of the document, but before completion of its registration. But when the document affects immovable property a memorandum shall be sent, without levy of any fee, to the office to whose jurisdiction the village has been transferred, for the purpose of being filed in file Book 1 of that office.
When, however, after refusal to register by a Registering Officer, the village in question is transferred whilst the document is on appeal or application before Registrar or in a suit before a civil court, to the jurisdiction of another Sub-Registrar, the document, if Registrar or the court orders that it shall be registered, shall be represented for registration to the officer to wh
S.Rule 29 (i) A document for registration other than copy of a document forwarded under section 89 of the Act shall be presented in person, with the prescribed fees, direct to the Registering Officer and not to a clerk or peon.
(ii) A document referred to in section 88 (2) may be presented through a messenger with a covering letter signed by the Government Officer or other person concerned referred to in section 88 (1) of the Act,
(iii) A document shall not be accepted if transmitted by post.
S.Rule 30 (i) A non-testamentary document presented for registration shall not be accepted unless it is attested by the Document-Writer and the scribe, if any, duly of licenced under the Document-Writer's Licence Rules for the time being in force:
Provided however that the above rule shall not apply to documents executed on behalf of or in favour of the Government 4A[or documents prepared by executant or claimant himself.
Explanation.-- For the purpose of this rule, 'Executant' means any person who affixes his signature in a document as a token of his assent to the terms of the document and 'Claimant' means any person who has a right to claim the document as per the terms of the document.].
(ii) The Registering Officer shall not accept for registration a document in respect of which the name of the purchaser of the stamp paper or papers used for it, does not tally with the name and address of any of the parties to it.
(iii) Where any document whic
S.Rule 7A[30A (i) The Registering Officer shall not accept any document for Registration unless it is affixed with the Passport size photograph and impression/impressions of the left thumb or any of the fingers in the absence of left thumb of every person presenting the document at the proper Registration office, under Section 32.
(ii) A document relating to the transfer of ownership of immovable property shall not be accepted for registration unless the Passport size photograph/photographs and impression/impressions of the left thumb or any of the fingers in the absence of left thumb, of each buyer and seller of such property mentioned in the document are affixed in the document.
(iii) Every Passport size photograph and the impression/impressions of the left thumb or any of the fingers in the absence of left thumb, shall be affixed at the top of the first page and on documents bearing stamp prints immediately below the stamp print on the first page leaving sufficient space for affi
S.Rule 30B 7B[The Registering officer not to register an instrument transferring land including flat/apartment if it is not accompanied by a valuation certificate issued by the competent authority under Section 28B of the Kerala Stamp Act, 1959 (17 of 1959)]
S.1[Rule 30C The registering officer shall not register any instrument that involves the transfer of land situated within a village, as notified from time to time, wherein a digital survey has been duly completed and the records have been finally modified under the provisions of Section 13 of the Survey and Boundary Act, 1961, unless the said instrument is accompanied by a digitally prepared pre-mutation sketch incorporating such details as may be specified from time to time.]
S.Rule 31 Every document shall before acceptance for registration be examined by the Registering Officer to ensure that all the requirements prescribed in the Act, and in these rules have been complied with. If there is any informality in presentation of a nature which can be remedied, the Registering Officer shall give the party such information as may be necessary and return the fees and the document with a view to the document being presented again in due form. For instance, in cases such as those mentioned below he should explain the defect to the presentant: if the document is presented in the wrong officer; if an agent has come without a power-of-attorney or without such a power as the Act requires; if the description of the property is either insufficient for purposes of identification or does not fulfil the requirements of Chapter VI of these rules, if the document is not accompanied by a translation or by copy of a map when such translation or copy is necessary; if there are unattest
S.Rule 32 (i) One side of the paper on which the document is written shall be left blank to admit of the prescribed endorsements and certificates being entered. This may however be relaxed in the case of documents executed by or on behalf of the Central or State Governments, which have been drawn up in forms approved by the respective Governments.
(ii) Documents written in pencil or in any ink other than blue-black ink or black ink shall be inadmissible for registration.
(iii) Sub-rules (i) and (ii) shall not apply to Wills presented for registration after the death of the testator.
(iv) Documents may be printed or typewritten.
S.Rule 33 Each important interlineation, erasure or alteration occurring in a document shall, whenever possible be caused to be noted or described at the foot of the document and to be signed by the executant before the document is accepted for registration. This course is, however, unnecessary in respect of a document executed solely by a public functionary as such or of a copy received under section 89 of the Act. In such cases it will suffice if the interlineation, erasure or alteration is attested by the officer concerned.
S.Rule 34 Every copy of a map or plan accompanying a document shall be certified to be a true copy and shall be attested by the signature of the person executing the document or his duly authorised agent.
S.Rule 35 When a document is presented for registration in duplicate or duplicates, the Registering Officer shall treat the duplicate or duplicates as such if they are exact reproductions of the original and bear the same date. 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 a copy shall be annexed to each such duplicate or duplicates.
S.Rule 36 (i) A document which relates to land shall, before it is accepted for registration, be checked with the survey numbers and sub-divisions in the subsidiary indexes maintained under rule 149 and also, when necessary, with the Settlement Registers in order that the Registering Officer may cause incorrect or fictitious numbers entered in the document to be rectified.
(ii) If a survey number or a sub-division number entered in a document is not found in the subsidiary indexes or Settlement Registers, the Registering Officer shall, if necessary, make a reference to the Revenue Department.
(iii) If the sub-divisions of a field are found in the subsidiary indexes or Settlement Registers and the field is described in the document without reference to any sub-division the document may be returned for rectification.
S.Rule 37 (i) If there are no impediments such as those mentioned above to the acceptance of a document for registration or if the document is presented again after any such impediments have been removed, the Registering Officer shall endorse on the document the date, the hour and minute, the place of presentation and the fees realised and take the signature of the presenting party to such endorsement.
(ii) If however, any of the impediments referred to above is discovered after the presentation endorsement has been made on the document, the document may be returned for correction or amendment, if the party so desires, with an endorsement to that effect. Should the document be presented again, a representation endorsement shall be made.
S.Rule 38 (i) If the period prescribed for presentation has elapsed, but the document is still admissible on payment of a fine, the Registering Officer shall, if he is a Sub-Registrar, accept the document after collecting the prescribed fee and fine and record the admission of execution, and suspend its registration pending the orders of the Registrar.
(ii) If the document is chargeable with duty under the Stamp Act, for the time being in force, or surcharge, if any, and is not duly stamped, the Registering Officer shall impound it and forward it to the Collector, registration being suspended, or deal with it otherwise as prescribed thereunder.
(iii) Pending orders of the Registrar or prior to sending a document to the Collector, the Registering Officer, may, however, record the admission of execution and the examination of witnesses, if any. Recording of admission of execution is no impediment for refusal of registration 8[if refusal] is found necessary afterwa
S.Rule 39 If the executant of, or a person who proposes to present a document is in doubt about the proper stamp 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 party at the same time that if he wishes to obtain an authoritative opinion, he must apply to the Collector, under the stamp Act for the time being in force.
S.Rule 40 If a document is dutiable under the Court-Fee Act, and is unstamped or is insufficiently stamped, it shall be returned to the party presenting it, in order that the stamp duty or the deficiency in the stamp may be made good.
S.MINUTE BOOK
S.Rule 42 (i) 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.
(ii) The date of execution of a document if the date on which it is signed by the party and the date which document bears at its head is not necessarily the date of its execution though it is prima facie so.
(iii) The date on which a certificate of sale by a Civil or Revenue Court was signed by the Court, shall be taken as the date of execution for registration purposes.
(iv) An alteration 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 of the Act shall not be recognised and the document shall be treated as having been executed on the date originally entered therein.
(v) If the date of execution is not stated or if it is altered or if the document bears an impossible date or a fictious date anterior to the
S.Rule 43 An application for registration on payment of fines under sections 25 and 34 of the Act shall be in writing but requires no stamp. A statement in writing from the party concerned shall be regarded as equivalent to an application under these sections.
S.Rule 44 The fines for delays in presentation and appearance under sections 25 and 34 shall be regulated as follows:--
| When the delay does not exceed one week after the expiration of the time allowed for presentation or appearance. | | A fine equal to the registration fee. | | When the delay exceeds one week but does not exceed one calendar month. | | A fine equal to twice the registration fee. | | When the delay exceeds one month but does not exceed two months. | |
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S.Rule 45 When a document is presented for registration in duplicate or duplicates the fine leviable under rule 44 shall be calculated as for one document only.
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AI Assistant
