Validity of registered docuemnt??
venkatkrishna
(Querist) 30 November 2011
This query is : Resolved
As per Registration Act every immoveble property is to be registered for the purpose of :
1. For having good Title over the property and
2. Peaceful occupation and enjoyment of the same.
The said two are the basic reasons for a purchaser purchasing of any property from any person and to get it registration done. It is also clear that un-registered document is not having any evidentiary value. So as per law, only payment by way of stamp duty and registration charges gives evidentiary value to the document? In such case all registered documents on payment of proper stamp duty, there is no doubt that, the document is a valid one.
My question is, if the govt authority impose charges by way of Stamp duty and Registration charges, it is govt’s moral responsibility to protect the right of the purchaser also Simply Govt cannot wash their hand by saying that my duty is only to receive revenue and I cannot ensure the right on the property. Then what is the meaning of registration and evidentiary value to it.
I come across several incidents where builders / agents etc., selling one property to several people and all such docs are registered by paying all legal charges to get the validity of the document. But finally no one can have clear title over the property. How can govt can escape by saying that buyer has to check before purchasing. I differ here, if the govt records are foolproof and crystal clear, then such incidents will not occur.
Now a days technology improved, like bank transactions within seconds you get the transaction details of your account. How come our govt is not implementing proper system to protect the genuine purchasers interest. Surely I can say only genuine buyers will fall in the trap of cheaters those colluded with govt officials. All such purchasers are from middle or lower middle class. Their hard earned money is spending to purchase a house or flat but because of insecured govt system they loose money and no where there is a protection for their money.
The income after payment of Income Tax is legal money in the hands of the citizen of India. It will be the Govt duty to protect the interest of the citizen. Otherwise, for what purpose, govt collect various taxes from the citizens. How can the Govt escape from their responsibilities. Why courts also support govt., always in revenue matters.
Pl explain if there is no such protection to the tax payer, for what purpose Govt can collect taxes. Will it not be against law. If the same law is applied by a citizen it is called illegal and if the Govt follows, it is legal. It is our great Indian Legal System.
R.Ramachandran
(Expert) 30 November 2011
Dear Mr. Venkatkrishna,
You are sadly mistaken.
First and foremost you should know the role and responsibility of the Registrar's office. The Registrar is only to ensure that proper stamp duty and registration fee is collected on the document sought to be registered. It is not the job of the Registrar's office to verify the property in regard to which the registration is being effected is genuine, whether the seller is the absolute owner of the same; whether the seller has already sold out the said property in favour of anybody; etc. etc. IT IS THE JOB OF THE PURCHASER.
IF THIS BASIC IS UNDERSTOOD, YOU WILL BE CLEAR. Please also be clear that if a buyer is not diligent enough to verify whether the property which he is going to purchase is free from ENCUMBRANCE OR NOT, nobody else can come to his rescue.
prabhakar singh
(Expert) 30 November 2011
yes! again i need to write i agree.CAVEAT EMPTOR! TPA TOO CAST DUTY ON BUYER ONLY.
About purchase of any property it is duty of buyer to verify the title of his seller; and none else.
The duty of registrar is to ascertain that there is no impersonation of parties appearing and no duty is evaded.
Rajeev Kumar
(Expert) 30 November 2011
Yes i too agree with experts view
Sailesh Kumar Shah
(Expert) 04 December 2011
There is no provisions in stamp act nor registration act to ensure sub-registrar about valid title,non-encumbrance etc on property. Purchase have to verify self.
