Registration charges to register a court judgment / decree
Balaji Bakthavathsal
(Querist) 04 April 2019
This query is : Resolved
A fraudulent person filed a civil suit seeking partition on a property excluding the genuine legal heirs of the property who are in possession and occupation of the property. The genuine legal heirs when they came to know about the suit, impleaded themselves in the suit and in the end the suit got dismissed, favouring the impleaded respondents. i.e. genuine legal heirs. Nw, when the legal heirs took the judgment and decree with the Registration department for registering the same, the registration official demands Registration charges on the cost of the suit property as mentioned in the decree.
In my opinion, the charges demanded by the Registration officials for registering the judgment/decree not correct for the following reasons that the document that is getting registered is a court judgment/decree which simply rejects the plaintiff’s request seeking partition and there is no question of transfer of property or declaration of title.
I humbly request the learned lawyers to offer their valuable advice/suggestion and quote the citation if there is any in this regard.
Thanks & Regards
Balaji
Dr J C Vashista
(Expert) 05 April 2019
Whether the original LRs (who were impleaded subsequently) submitted their counter-claim suit? If so, the Registering Authority shall have no problem/ objection.
Registration charges shall be levied and paid on the decretal judgment .
Balaji Bakthavathsal
(Querist) 05 April 2019
Sir, the Registration Department is insisting 1 % of the suit property value to be paid. My point of doubt is that the court judgment is a mere dismissal order. It neither conveys any title nor change of ownership. Under this circumstance, how can the Reg. Dept. insist for 1 % of the suit property value for registering the court order ?
krishna mohan
(Expert) 10 May 2019
If no change in ownership and title the registration charges do not apply. However you can contact a local lawyer specialized on property matters (or) seek RTI under what provision the Registration department is asking you to pay 1%k registration fee. The decree could be sent by Registered Post along with a Covering letter from the Lawyer dealt with the case to take note of the decree and put on notice that any registration done disregarding the decree of the court, you reserve your right to sue the concerned registration authorities. They will automatically do what is required to be done officially.
