Jurisdiction of register in west bengal

RAIHAN UL HAQUE (Querist) 02 June 2022 This query is : Resolved
Sir/ Madam I purchased a flat in 24 Pargana District & a land in Birbhum district from the same seller and the registration was done in DSR Birbhum on 2013. Now the lawyear of a private bank is denying to mortgage the said flat because as per his view the DSR( District Sub Registrar) has no right to register a land/building at Kolkata. As per consultation with the DSR it reveals that DSR can reister the land outside his area if another land is registered in his area/jurisdiction. But the legal team of the bank is demanding section of rules or act. Pl help me regarding this matter.

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A property owner purchased a flat in 24 Parganas and land in Birbhum, with both transactions registered in Birbhum in 2013. A bank's legal team is questioning the validity of the registration for the flat, arguing the Sub-Registrar in Birbhum lacks jurisdiction over properties in 24 Parganas. While the Sub-Registrar indicated registration is possible if another property is within their jurisdiction, the bank requires specific legal sections. Advice suggests consulting a local lawyer, but also points to Section 30A of the Indian Registration Act (West Bengal Amendment Act) which may allow registration by the Registrar of Assurances, Calcutta, for documents covering property anywhere in West Bengal.

Dr J C Vashista (Expert) 04 June 2022
The immovable property can be registered with the area Sub-Registrar where property is located.
You have stated to have purchased flat in district 24 Parganas and a piece of land in district Birbhum, how could Birbhum register the transfer of title qua flat located in 24 Parganas ?
However, local laws apply to query.
It is advisable to consult a local prudent lawyer for appreciation of facts and applicability of law / rules on the subject.

kavksatyanarayana (Expert) 04 June 2022
A document contains any property in any part of West Bengal, it can be registered by Registrar of Assurances, Calcutta Under Sec. 30A of Indian Regitration Act (West Bengal Amendment Act).

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