Subsidiary Books and Miscellaneous
Records
92. Norms of Subsidiary Books: - The following subsidiary books must also be maintained in the office of every Sub-Registrar –
(a) fees book ;
(b) receipt books A and B ;
(c) order file ;
Provided that in the circumstances referred to in paragraph 57 only one copy of these books should be maintained for both offices of the Sub-Registrar and of the Join Sub-Registrar.
93 Fees Book: - The Fees book shall be kept in the vernacular printed bound volumes containing 100 or 200 pages each being supplied from the Registrar’s office. This book must be written up daily the registration fees realized on each document (distinguished by its registration number and the number of the book in which it is entered) being shown separately, and the total collections of the day entered in the appropriate column, copying fees being shown separately from other fees. This daily total must be verified by the registering officer who shall affix his signature in token of such verification. On the last account day of each month the several columns of the fees book shall be totaled, the totals being written in red ink, and signed by the registering officer, the entries for the remaining days of the month being carried forward to, and included in the totals for the following month. Thus, if in July, the book is totaled on the 27th, the entries from the 28th July to the 27th August should be treated as pertaining to the month of August, and so on.
(2) Where there is a Government treasury or sub-treasury at the same place as the registration office, the fees realized shall be paid into the treasury or sub-treasury daily, the signature of the treasurer at headquarters and of potedars at tehsil sub-treasuries being taken in the Fees book in acknowledgement of the receipt of the amounts entered. All sums received subsequently to the closing of the treasury or sub-treasury or accounts for the days shall be credited the next day along with receipts up to the hour of closing of the treasury or sub-treasury accounts for that day, and so on. All sums taken on any day on which the treasury or sub-treasury is closed owing to a holiday shall be credited on the day on which the treasury or sub-treasury reopens. The words “treasury closed” should, however, be written in the Fees book against the fees of the day not credited for this reason. When a registration office is situated at a place where there is no Government treasury or sub-treasury the collections of the registering officer may be transmitted by him fortnightly to the nearest treasury, in time to admit of their being included in the current month’s accounts ; or, should such a course appear more convenient to the Registrar of the district, the fees may be remitted by money-orders under the rules for “Government dues money orders” the expenditure incurred on common being charged to registration contingencies.
(3) Registering officers should be careful to see that the correct amount of fees* is levied in each case. It must be remembered that when under section 65, 66 or 67 of the Act, several copies of a document have to be made, owing to the property concerned being situate in more than one district, a copying fee under article III of the table of fees should be charged upon each copy; but no copying-fees should be levied for memoranda sent to other offices under those sections, no provision being made in the existing table of fees for levying copying fees on such memoranda.
(4) Registering officers are also personally responsible that all fees, including fees for copies, are correctly shown in the accounts, and are properly credited in the treasury. Copying fees must be credited at the same time as other registration fees, each day or each month, according to the practice of the particular office.
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* Note. – The table of registration fees will be found in Appendix 1.
(5) (a)-The Registrar/ Sub-Registrar shall cause the leaves counted and shall then record a certificate of count on the first page of the Fees-book.
(b) The daily/ monthly totals of the Fees-book should be verified by the Registrar/ Sub-Registrar who shall then initial the same in token of the correctness thereof.
(c) When the daily income is credited into the Treasury/ Sub-Treasury/ Bank, the entry should be compared with the Treasury/ Sub-Treasury/ Bank receipt by the Registrar/ Sub-Registrar who should certify that the amount has been actually credited into the Government account.
(d) Any erasure/ over-writing of the entry once made in the Fees-Book is strictly prohibited. If a mistake is discovered, it shall be corrected by drawing the pen through the incorrect entry and inserting the correct one in red ink about it. Every correction so made shall be initialed, with date, by the Registrar/ Sub-Registrar.
(e) No peon should ever be allowed to handle the Government money for being credited into the Government Treasury, etc., or otherwise.
(f) The Registrar who has Gazetted Officers working under him, may delegate his functions hereto any such officer.
94. Receipt Books: (1) - Receipt books are supplied from the Registrar’s office. The forms of the three kinds of receipts are given at the end of Appendix-II to this Manual. Each volume of Receipt Book. A contains 100 blank printed (vernacular) forms, and each form is divided into three parts, viz. –
(a) containing particulars for identifying the document presented for registration, and an acknowledgement of the receipt of the prescribed registration fees – this part is to be filled up, torn off, and given to the presenter on realization of the fees ;
(b) containing a brief description of the document, and an acknowledgement of its receipt for registration – this part is the “receipt” mentioned in section 52 of the Act, and it should be filled up, torn off, and given to the person presenting the document, at the same time as the receipt for the fees;
(c) the counterfoils which remain permanently in the book.
(2) These receipts are to be numbered consecutively a fresh series being commenced for each calendar year; registering officers should see that they are given in the order in which documents are presented for registration that all prescribed particulars are filled in, that in the place for description of property it is stated whether such property is immovable or immovable, and, in the case of a mortgage, whether it is with or without possession, and, lastly, that the name of the executant, and not (as is sometimes erroneously done) the name of the scribe, is noted in the place provided for this purpose.
(3) When the document is about to be returned after registration to the party who presented it, or to such other person as he may have nominated to receive it in the manner described in section 61 of the Act, the receipt granted under section 52 should be taken back from him and pasted on to its proper counterfoil in the receipt took, after noting on it the day and hour on which the document was returned. Where the original receipt is not forthcoming, the written acknowledgement allowed by paragraph 147 should be pasted on to the counterfoil of the original receipt. Receipts for documents returned by post should be dealt with as prescribed in paragraph 149.
(4) When all the receipt forms in a volume have been used and re-pasted as described above the Sub-Registrar should forward it to the Registrar of the district who shall cause it to be carefully examined so as to see, in each case that the fees have been correctly levied, that the document was duly stamped, and that there has been no undue delay in returning it ; and he will take such action thereon as may seem to him to be necessary. Thereafter, he will retain the book in his office until sanction is given, in due course, for its destruction.
(5) Receipt Book B is for receipts for all fees etc. which are paid at times other than those on which a document is presented.
(6) Receipt Book C in English containing 20 pages, is for receipts to be granted by the Registrars in acknowledgement of the receipt of fees recovered for sealed wills deposited under section 42 of the Act. It has been found necessary specially to prescribe this form so as to comply with the requirements of the last sentence of paragraph 45 ante.
(7) Before a receipt book is brought into use, the number of forms therein shall be counted and the result recorded at a conspicuous place in the book under the signatures of the Registrar/ Sub-Registrar. The counterfoils of the used receipt books shall be kept in the personal custody of the Registrar/ Sub-Registrar. The Registrar who has Gazetted officers working under him, may delegate his functions hereto any such officer.
95. Order File: - The Order file is a paste-book, in which should be filed all orders of a permanent kind received in the Sub-Registrar’s office, whether emanating from the Inspector-General, or the Registrar of the district, or any other authority. All orders of this character should be pasted in as soon as received, and should not be allowed to lie about in a loose condition ; a list should be prepared for each year and pasted into the order file, containing a brief description of all orders so filed ; this list should not be made up at the end of the year but written up from time to time as orders are filed.
96. Miscellaneous Records: -(1) - Besides the foregoing books, the offices of Sub-Registrars should contain the following records, in addition to such others as the Registrar of the district may direct or the Inspector-General of Registration may from time to time prescribe –
(a) powers-of-attorney authenticated under section 33 of the Act, presented by agents bringing documents for registration (paragraph 123) – to be kept in annual bundles ;
(b) copies of decrees of court ordering cancellation of registered documents, received under section 39 of the Specific Relief Act, 1877 (paragraph 99) ; and copies of decrees of civil courts directing registration of documents under section 77 of the Act – to be kept in annual bundles ;
(c) copies of orders of cancellation or revision under the Punjab Alienation of Land Act, 1900 (paragraph 100) – to be kept in annual bundles ;
(d) depositions of witnesses examined by the registering officer (paragraph 133 and 194) – to be kept in annual bundles ;
(e) miscellaneous papers of an ephemeral character – to be kept in bundles of convenient size until authority is given for their destruction ;
(f) a copy (in (Urdu) of the current Table of Fees -- to be attached to a board and exhibited, during office hours, in a public manner ;
(g) a copy each (in Urdu) of the Indian Stamp Act, 1899 and the Registration Manual ;
(h) (i) a despatch book for all papers issued, including registered documents returned through the post, and a file book of postal receipts for such registered documents (see paragraph 149);
(ii) The despatch book will be in the following form :-
Column 1. - serial No. ;
“ 2. - date of despatch ;
“ 3. - subject of paper despatched;
“ 4. - address ;
“ 5. - signature of receiver or number and date of postal receipt;
Note. -- When
a registered deed is returned by post the registration number and date should
also be given in column 3.
(i) a minute book in which inspecting officer should record their remarks. The remarks should be written in English only, but if the registering officer is unacquainted with English a translation should be attached.
(2) In the circumstances referred to in paragraph 57 only one set of the records mentioned above should be maintained for both offices.
(3) A mislband register in the following form should be kept in all registration offices and all papers including so far as possible those mentioned above should be entered in the register :--
Column 1. - file No. ;
“ 2. - date of institution ;
“ 3. - subject ;
“ 4. - name of parties;
“ 5. - kind of deed and amount of consideration money ;
“ 6. - particulars of the property involved;
“ 7. - date of completion of file ;
“ 8. - abstract of order ;
“ 9. - date of destruction.
Note: - Columns 4, 5, 6 and 8 need not be filled in case of annual files.
(4) Each kind of file should be entered on a separate page and a sufficient number of pages should be allotted to each kind of file to last for several years.
97. Files of applications or copies: (1)- Applications for copies of registered documents shall be kept in an annual bundle, apart from other miscellaneous papers.
(2) An index shall be attached to this bundle, giving (a) serial number for the year; (b) date of application; (c) amount of fees realized ; (d) date of grant of copy ; and (e) name of applicant.
(3) On receipt of an application for a copy spaces (a), (b), and (e) will be filled up, and the serial number endorsed on the application; after the copy has been given to the applicant, space (c) and (d) will be filled in and the application filed in its proper place.
98. Use of English Numerals: - English numerals should be used in all the register endorsements on deeds, receipt books A and B and all other registration record.
Cancellation and
Recopying of Registered Documents
99. Cancellation of registered documents by orders of a Court: - When under the provisions of section 39 of the Specific Relief Act, 1877, any registered document is cancelled by order of court, and a copy of the decree is sent to the office in which it was registered, a note as to the cancellation signed by the registering officer of the day, shall be made in red ink in the column of remarks of the book in which the document was registered, opposite the copy of the document, specifying the court ordering cancellation and the number and date of its decree. All copies of decrees received under this rule shall be filed in annual bundles.
100. Cancellation of Mortgaged-Deeds under Land Alienation Act: - When a mortgage-deed is cancelled by the Deputy Commissioner under sub-section (2) of section 9 of the Punjab Alienation of Land Act, 1900, and new deed is drawn up in lieu thereof, the Deputy Commissioner shall send to the office, in which the cancelled deed was registered, a copy of his order of cancellation and the registering officer shall make a note of the cancellation in red ink in the column of remarks opposite the copy of the document concerned.
101. Revision of Mortgaged-Deeds under Land Alienation Act:- In cases in which a registered mortgage-deed is revised or altered by the Deputy Commissioner under sub-section (1) of section 9 or where under sub-section (2) of section 9 of the Punjab Alienation of Land Act, 1900, a condition intended to operate by way of conditional sale is struck out, the Deputy Commissioner shall, when returning the document to the parties after revision, alteration or striking out, send a copy of his orders to the office where the document was originally registered, and the registering officer concerned shall make a note of the correction in red ink, revision or striking out together with a reference to the Deputy Commissioner’s order in the column of remarks, against the copy of the document concerned.
102. Re-copying of deeds entered in the wrong books: - When a deed has been copied into a wrong book, it should be recopied into the proper register and a note as to transfer made against the original entry. Care should also be taken to correct the entries and the indexes. A mistake of this kind does not invalidate registration (section 87 of the Act) and fresh fees should ret be levied for the re-copying.
Authentication of Register Books
103. Authentication of Entries in Register Books: - Every entry made in Book 1, 3 or 4 shall be an exact counterpart of the original and shall be carefully compared with it ; all interlineations, blanks, erasures or alternations which appear in the original shall be shown in the copy entered in the register. The registering office shall satisfy himself that this has been done, verifying by his signature or initial any corrections rendered necessary by mere errors of transcription. Such correction should in all cases be made in red ink and never by erasure. The registering officer shall also see that the entry has been made in the book to which it properly belongs, that the number affixed to it is that which it ought to bear in order to maintain the consecutive series required by section 53 of the Act, and that the book the volume, and the page entered in the certificate of registration are correctly stated; after which he shall authenticate the entry by legibly affixing his signature in full, together with his official designation, at the end of the copy of the document registered. Copies, of endorsements shall also be initially or signed by the registering officer. All signature; must be copied into the register books in their proper places, whether such signatures occur in the original documents or in the endorsement made in the registry office. The entries in all the books prescribed by these rules shall be authenticated daily.
104. Errors in Consecutive Numbering: - When an error has been made in the consecutive numbering of documents registered, as prescribed in section 53 of the Act, and the error is not discovered in time to admit of its correction before the document is given back to the presenter or the party authorized by him to receive it, the erroneous number must be allowed to stand, and no subsequent alternation is permitted; but a note of the error shall be made in the proper column of the register, and signed by the registering officer.
105. Entries in registers to be made with Permanent Black Ink: - It should be borne in mind that the registers are permanent record; (care should accordingly be taken that all entries made in them are written in permanent black ink. The use of fancy-coloured aniline and other evanescent inks is absolutely forbidden. The same rule applies to documents filed in Supplementary Book I, and a registering officer receiving a document to be so filed, written with evanescent ink, should not file it, but return it to the sender with a view to its being re-written with permanent ink.
Supply of Blank Registers,
Etc.
106. Application for Blank Books and Forms:
|
Application for blank
books and forms. --------------------------------------- Office of Sub-Registrar of _______________________ Volume ___________________ Book being nearly filled, volume ______________________ is required. Date Signatures ---------------------------------- Office of Registrar Volume _____________ Book is this day forwarded. Its receipt should be acknowledged. Date Signatures ---------------------------------- Office of Sub-Registrar of _______________________ Volume _____________ Book has this day been received. Date Signatures ---------------------------------- |
Applications should be made by Sub-Registrars to the Registrar’s office for such blank registers and receipt books as may be required; the application may conveniently be in the form shown on the margin, and should be made in ample time to admit of the arrival of the books before they are actually required. The name of the applying officer the description of book required and (in the case of registers) the number of the volume, should be stated in the application. A similar procedure should be followed in applying for indexes and other printed forms supplied from the Registrar’s office. Registering officers on receipt of register books will, at once, make the examination and record the certificate required by paragraph 58. |
PROCEDURE
Procedure Prior to Acceptance
107. Place of Presentation: - Documents must ordinarily be presented and registered at the registration office at the head quarters of each district or sub-district, as the case may be, but, as provided by the Act, on special cause being shown registering officers may proceed to the private residence of any person desiring to present a document and accept it there for registration. This permission, however, must not be interpreted as extending to the acceptance of documents for registration at the private residence of the registering officer.
108. Payment of visits and issue of Commissions:- Section 38 of the Act exempts from personal appearance at a registration office, persons unable from bodily infirmity to attend without risk or serious inconvenience, persons in jail, and persons exempt by law from personal appearance in court. In every such case the law requires that the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him, or issue a commission for his examination. Whenever he issues a commission, the Sub-Registrar should report to the Registrar the name and position of the person to whom it was issued, and the reason why he did not himself proceed to the spot *. As a rule, where the Treasury Officer is the Sub-Registrar, the Sadar Tehsildar, or in his absence the Naib-Tehsildar, should be entrusted with the execution of a commission; and where the Tehsildar is the Sub-Registrar, the Naib-Tehsildar should be employed on this duty. The issue of commissions to a registration muharrir is absolutely prohibited.
109. Allowances to Commissioners: - Paragraph 108 applies to commissions issued under section 33 and section 38 of the Act. The person executing the commission will be entitled to the allowances mentioned in paragraph 19. Where several instruments executed by the same person are presented for registration together, and it is necessary to issue a commission to examine that person in respect to the execution thereof, one commission-fee only should be levied. Where also two or more persons are examined by a person executing a commission, or by a registering officer attending at a jail or private residence, one fee only should be levied if the persons examined reside, or at the time of examination are actually present, in the same jail or in the same town or village. If, however, the person executing a commission, or registering officer, is obliged to visit more than one place for the purpose of the examination, a separate fee should be charged for each journey. If a single journey is made to register documents belonging to different executants the commission-fee shall be charged from each person or group of persons registering a document or documents but only one travelling allowance should be charged and the amount should be distributed in equal shares amongst these persons or group of persons and levied from them accordingly. Travelling allowance shall in each case be charged according to the actual distance traveled.
110. Hours allotted to Registration Work to be Notified: - Where registering officers have other duties to perform, a certain portion of each day shall be allotted exclusively to registration work. The time so set apart shall be made generally known, and a written notice of it shall be exhibited in a conspicuous and accessible part of the building in which the registry office is located. The notice shall state the hours at which documents will be received and returned daily. Similar notices shall be posted outside the offices of whole-time registering officers. The latter should usually attend at their offices during the ordinary hours of business fixed for the district offices.
111. Reception of Documents for Registration: - At the hours appointed in the notice, the registering officer shall personally receive all documents for which registration is sought and have them examined in his own presence.
112. Examination as to Stamp:- When a document is presented for registration the first duty of the registering officer is to examine it so as to see that it is duly stamped ; this is an obligation imposed by law, which must take precedence of all other procedure. Special powers-of-attorney for the conduct of cases in British courts should be stamped, with court-fee labels according to the scale in article 10, schedule II, of the Court-fees Act, 1870; but all other powers-of-attorney, including those for the conduct of cases in foreign courts, whether special or general, must be stamped with non-judicial stamps according to article 48, schedule I-A of the Indian Stamp Act, 1899. When a document bearing a court-fee label is presented for registration, the registering officer, before returning it after registration, will cancel the label by writing the word “registered” with his signature and the date of registration across it.
113. Exemption from Stamp Duty of Instruments to which Government is a party: - (1)- When an instrument executed on unstamped paper is presented for registration and exemption from stamp duty is claimed under the general exemption in favour of Government contained in proviso (1) to section 3 of the Indian Stamp Act, 1899, it will be the duty of the registering officer, before accepting the instrument for registration, to satisfy himself –
(a) that it was executed by, or on behalf of, or in favour of Government ; and
(b) that, but for the exemption, Government would be liable to pay the stamp duty.
(2) On the second point difficulty will seldom, if every arise, distinct provision being made in section 29 of the Indian Stamp Act, 1899, as to the party liable for duty ; and as to the first point, the instrument itself will ordinarily disclose on its face whether it was executed by, or on behalf of, or in favour of Government. Occasionally, however, such instruments are drawn so as to disclose that they have been executed by, or on behalf, or in favour, not of Government, but of an officer of Government described by name and official designation; and in such cases reasonable doubt may arise as to whether the officer concerned acted in a private or public capacity, and if the latter, whether as representing the Government or some other public body (such as a municipal committee) not exempted by proviso (1) to section 3 of the Indian Stamp Act, 1899. In cases of this kind the registering officer must satisfy himself that Government is a party to the transaction. To this end, he should, where a Government officer is the executant, apply to that officer direct for the necessary information under section 88 of the Act; and in other cases he may take evidence under the provisions of sections 35, 36 and 66 of the Act. Should the enquiry prove satisfactory, he will accept the document for registration (if admissible in other respects), endorsing thereon that after enquiry he has satisfied himself that it is exempt from stamp duty under proviso (1) to section 3 of the Indian Stamp Act, 1899.
114. Stamp duty chargeable on Bai-Bil Wafa Deed: (1)-The class of instruments known as “bai-bil wafa” or conditional sales, must for the purposes of stamp duty by treated as mortgage deeds chargeable under clause (a) or clause (b) of article 40, schedule I, of the Indian Stamp Act, 1899, according as at the time of execution, possession of the property or any part of the property comprised in the deed is given by the executant, or agreed to be given, or not.
(2) Deeds of mortgage without possession containing a condition that possession will be given if the terms of the mortgage are not complied with by the mortgagors are chargeable with stamp duty under clause (b), and not under clause (a) of article 40, schedule I, of the Indian Stamp Act, 1899.
115. Impounding of Documents not duly stamped: - If the registering officer is of opinion that a document presented to him is not duly stamped, he shall impound it under section 33 of the Indian Stamp Act, 1899, and send it to the Collector to be dealt with under section 40 of that Act.
116. Examination as to Jurisdiction: (1)-When the registering officer is satisfied that the document presented to him for registration is duly stamped, he will examine it to see whether he has authority to register it, and in this connection parts V and VII of the Act should be consulted. For the purposes of jurisdiction, documents may be grouped into four classes –
(a) non-testamentary documents relating to immovable property, mentioned in clauses (a) to (d) of section 17, and clauses (a) to (c0 of section 18 of the Act ;
(b) wills and authorities to adopt;
(c) copies of decrees and orders of court ;
(d) all other documents.
(2) Instruments of the first class may be accepted for registration by any Sub-Registrar within whose sub-district any portion of the property concerned is situate. Instruments of the second class may be registered in any office. A copy of the decree or order may be registered in the office of the Sub-Registrar in whose sub-district the decree or order was made, or (if it does not affect immovable property) in the office of any other Sub-Registrar under the Local Government at which all the persons claiming under the decree or order desire the copy to be registered. A document of the fourth class may be registered either at the office of the Sub-Registrar at the place of execution, or , at the instance of the executants and persons claiming under it, in the office of any other Sub-Registrar under the Local Government.
117. Jurisdiction of Registrars: - A Registrar may accept for registration any document which might be accepted by any Sub-Registrar subordinate to him; and the Registrar of the Lahore District has further jurisdiction to register documents of the first class in whatever part of British India the property may be situate. Documents relating to immovable property situated outside British India, whether in Indian States or not, are registrable under clause (f) of section 18 of the Indian Registration Act, 1908, but a copy of the documents so registered should not be sent to the officer concerned in an Indian State, with reference to section 66 (2) of the Act as the “other Registrar” mentioned in that section is a Registrar appointed under the Act and not a Registrar (or a corresponding officer) appointed by an Indian State, but no registering officer has jurisdiction to register such documents if they relate to immovable property situated wholly outside British India. It should be noted also that entries of transfers of immovable property made in the registers of cantonment authorities and municipal committees are no evidence of title, and cannot take the place of registration under the Act. Deeds of sale of immovable property executed by local bodies require to be registered when the value is Rs.100 or more.
118. Discretional Registration by Registrars: - Registrars should exercise the discretion referred to in the preceding paragraph with due regard to public convenience. When the document is a will or authority to adopt, or when it relates to a transaction in which the Sub-Registrar having jurisdiction is peculiarly interested, or when it is written in English, and the Sub-Registrar having jurisdiction is unacquainted with that language, the Registrar should never refuse to accept it for registration, except for very cogent reasons. When a Registrar decides that a document presented to him under section 30 of the Act ought to be registered in the office of a Sub-Registrar, he shall return it to the person presenting it without recording an order of refusal either on the document or in his Book No.2. When the Registrar of the Lahore District registers a document under sub-section (2) of section 30 of the Act, he must carefully observe the provisions laid down in section 67 of that Act.
119. Procedure when Registering Officer has no Jurisdiction: - If the registering officer finds he has no jurisdiction to register a document presented to him he shall return it to the presenter without recording any order of refusal, and inform the presenter at what office he can obtain registration.
120. Examination as to Time: - When the registering officer finds he has jurisdiction, he shall examine the document to see that it has been presented within the time allowed by part IV of the Indian Registration Act, 1908. Wills may be presented at any time ; other documents executed in British India should ordinarily be presented within four months from the date of execution; but the Registrar of the district may, on urgent necessity or unavoidable accident being shown, direct documents presented more than four months after execution to be accepted for registration on payment of the fine prescribed in paragraph 188, provided that the delay in presenting the document does not exceed four months. A Sub-Registrar has no authority to register a document (other than a will) executed in British India more than four months before the date of presentation without a direction to that effect from his Registrar, but an application for such a direction may be lodged with the Sub-Registrar, and should be sent on to the Registrar at once for orders. Documents executed out of British India must be presented for registration within four months of their arrival in British India. If the period of limitation for presentation or for appearance to admit execution of a document prescribed by the Act or extended by the Registrar expires on a day on which the registration office is closed, the presentation or appearance shall be considered to have been made in due time if it is made on the first day of the opening of the office thereafter, vide section 10 of the General Clauses Act, 1897.
121. Examination as to Unverified Interpolations, etc.: - If the document is brought for registration within the time allowed by law, the registering officer will see whether it contains any unverified interlineations, blanks, erasures or alterations of the kind mentioned in section 20 of the Act; and, in the case of documents relating to immovable property, whether the description of the property is sufficient for identification. If he is not satisfied on either of these points, he may hand the document back to the presenter for remedy of the defect. Foreign documents should not be accepted unless accompanied by the translations and copies required by section 19, and documents of the kind mentioned in sub-section (4) of section 21 of the Act unless accompanied by the required copy or copies of the map or plan.
122. Parties entitled to present for Registration: - If the document is not open to any of the objections set forth in paragraph 121, the registering officer, before finally accepting it for registration, shall satisfy himself that the person presenting it has Legal authority to do so. The persons who may present a document for registration are the following:-
(a) in the case of a will, the testator, and, after his death, any person claiming under it as executor or otherwise ;
(b) in the case of an authority to adopt, the donor, and, after his death, the done or the adopted son;
(c) in the case of a copy of a decree or order, any person claiming under the decree or order ;
(d) in any other case, any person executing or claiming under the document;
the representative, assign or agent of any of the foregoing persons.
(e) the representative, assign or agent of any of the foregoing persons.
123. Presentation by representatives, assigns and agents: - (1)- If the document is presented by a representative* or assign, he must satisfy the registering officer of his status; if by an agent, he must produce a power-of-attorney** authenticated in the manner prescribed in section 33 of the Act; but care must be taken to distinguish between deeds executed by agents in pursuance of power in that behalf conferred upon them by their principals, and deeds executed by principals presented for registration by agents empowered in that behalf,. It is not the duty of the registering officer to satisfy himself of the power of an agent, who is the actual executant of an instrument, to execute it, i.e. to deal with the property forming the subject matter of the deed. His duty is confined to the question whether the persons purporting to have executed the instrument have in fact done so or not. There are three possible cases—
(a) where the actual executants, or person claiming under the instrument, appears;
(b) where a representative, or an assign of such person, appears;
*It must be remembered that for the purpose of the Registration Act “representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.
**Attention is invited to the N.B. to articles 48, scheduled I, of the Indian Stamp Act, 1899, which says that the term “registration” as used in article 48 a includes every operation incidental to registration under the Indian Registration Act, 1908.
(c) where an agent of either of the above persons appears.
(2) In the first case, the officer has simply to ascertain whether the person so appearing does or does not admit execution and his identity. In the second case, the officer has further to satisfy himself as to the right of the representative or the assign to appear in that capacity and to admit execution. In the third case, the officer has simply to see whether the person appearing is an agent duly empowered as prescribed by section 33 of the Act to appear and bind his principal, viz., the executant, person claiming under the instrument, representative or assign—with an admission of execution.
124. Officials exempt from appearance: - It must be borne in mind that officers of Government, and the other officials mentioned in section 88 of the Act, are not required to appear at registration. Consequently, if any such officer is entitled to present a document for registration, he may transmit it to the proper registering officer by post.