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Venkat Mothukuri (Software)     30 March 2010

Query on registered document

My father had a registered document done in March 1981.In that document only seller thumb impression was available,but buyer(I mean my father) signature or thumb impression was not available in the document.

In that document it was written that 7.97 guntas of land was allocated to my father (My father name and Son of and with place were written ) with identifications like East,west,north and south of the plot.

Interestingly plot number was not mentioned and also plan of the plot was not affixed and sub registrar has completed the registration in 1981.

I would like to know as per registration act 1908 :

1) Can sub regsitrar perform registration even though buyer signature or thumb impression was not there in the document.

2) Is sub registrar need to ask (I mean mandatory to ask ) plot map and plot number along with registration document before registration.

3) If sub registrar doesnot follow rules as per registration act and proceeded for registration,What would be the role of witnesses.Will Witnesses also legally responsible being a part of incorrect registration of the plot.

 

Please advise me on this.

 



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 9 Replies

Manish Singh (Advocate)     30 March 2010

the registration is valid and lawful.

firstly, witnesses have nothing to do with the contents of the agreement so they can not be made liable for any wrong done under the agreement and this proposition has been laid down by the SC in its judgments.

secondly, Index II at the office of sub registrar contains the descripttion of the property thus do check out Index II. in that index you will find the true descripttion of the property.

for the matter of not signing the sale deed by the buyer, it is pursumed that he has accepted it (the agreement) since the contract is made for his  benefit.

Venkat Mothukuri (Software)     30 March 2010

1. As per Section 32A,under registration Act,the buyer and seller needs to be there before registration.So Do you think even though buyer signature is not there,Is registration meaningful under resitration act.

2  Is sub registrar need to ask (I mean mandatory to ask ) plot map and plot number along with registration document before registration.

If plot number and plot map not availble at registrar office,Please advise me as what to do.

niranjan (civil practice)     30 March 2010

Asper sec.21 and 22 the document must fulfil the reqirement.wherever the property could be identified by s.nos.,city survey nos.etc.they are tobe mentioned,The main purpose of mentioning the discripttion is to identify the land.The boundaries prevail over .Buyer signature is not necessary. .

Venkat Mothukuri (Software)     30 March 2010

I am asking about Section 32A not section 21

 

Manish Singh (Advocate)     30 March 2010

Dear Mr. Mohukuri,

firstly, your question was limited to signing of the sale deed and not about what is done at the time of registration as formalities.

secondly since the registration was done in the year 1981, section 32 A  was not applicable as sec 32 A was inserted in the year 2001 vide the Registration and Other Related Laws(Amendment) Act,2001. further all the details of the property must have been noted down in the Index II.

i hope it clarifies your doubts.

Venkat Mothukuri (Software)     31 March 2010

Thanks Manish for reply.One more thing is buyer signature is mandatory for registration of document.Probably if it is not in sale deed,it needs to be in recorded in the register at sub registrar office.

2nd one is before registration is it mandatory to have plot map along with the document for registration.is sub registrar need to check before.

Manish Singh (Advocate)     13 April 2010

map of the property was a necessary condition at that time for registration. bt at that time it doesnt seem that buyers signature was an essential requirement for registration.

Venkat Mothukuri (Software)     18 April 2010

Dear Manish,

Thanks for the reply.Can you let me know under which section and clause as per registration act  since map of the property is required at the time of registration.

 

Manish Singh (Advocate)     20 April 2010

dear Mr. Mothukuri,

please go through the relevant provisions of the registration act and you will find the same.


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