Regn act

Querist : Anonymous (Querist) 05 November 2011 This query is : Resolved
is there any provision whereby we can avoid registration of one property if property situated in two states.is it not suffuce if i get regn in one state of both properties.

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prabhakar singh (Expert) 06 November 2011
If property situated in two states, IT MAY NOT BE PROPER & sufficient if you get registration in one state of both properties because two states have two different law of stamp duties and both have right to collect stamp duty independent of the other and the sub registrar of one state may not be deemed to have jurisdiction over the property situated in other state.

I think there is no express provision for this kind of a situation to do so.If there is any then same shall prevail.

prabhakar singh (Expert) 06 November 2011
28. Place for registering documents relating to land
Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), 19[(d) and (e), section 17, sub-section. (2), insofar as such document affects immovable property, and section 18, clauses (a), (b) 20[(c) and (cc)], shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

29. Place for registering other documents
(1) Every document 21[not being a document referred to in section 28 or a copy of a decree or order], may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the State Government at which all the persons executing and claiming under the document desire the same to be registered.

(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made or, where the decree or order does not affect immovable property, in the office of any other Sub-Registrar under the State Government at which all the persons claiming under the decree or order desire the copy to be registered.

prabhakar singh (Expert) 06 November 2011
30. Registration by Registrars in certain cases
(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

(2) 22[The Registrar of a district in which a Presidency-Town is included and the Registrar of the Delhi district] 23[***] may receive and register any document referred to in section 28 without regard to the situation in any part of 18[India] of the property to which the document relates.