Indian Registration Act 1908 has mandated that who should
present the document for registration personally. The Executant of a document
or any person claiming under such document or representative or assignee of
such Executant or duly authorised Power of Attorney Holder has to present the
document for registration. These are detailed in Sections 32 and 33 of the Act.
Karnataka Registration Rules stipulates the document shall be presented for
registration to the registering officer and not to a clerk or peon. In ordinary
course, the registration or deposit of documents has to be made only at the
designated office.
The Act also provides for exemption of certain people from
personal appearance and presents the document for registration. Section 31 of
the Act gives power to the registering officer under special cases to attend
the residence of any person desiring to present a document for Registration or
to deposit a Will and accept for Registration of such document or deposit of
Will.
1) Any person, who is bodily infirm because of illness or age
and cannot attend the office without risk or is inconvenience, 2) any person in
jail under civil or criminal process or 3) persons who are exempt by Law from
personal appearance in Court are exempted from personal appearance or through
their Agents. Persons, who are exempted from personal appearance in Court as
per Civil Procedure Code are; (1) Women, who according to the customs and
manners of the Country ought not to be compelled to appear in Public, persons of
rank especially exempted by the Government. In such cases, the registering
Officer shall personally go to the house of such person or the jail, where the
person is confined and examine him or may appoint a person or visit and examine
such person.
Karnataka Registration Rules 1965 has formulated procedure
for attendance if the registering officer at Private residence. The relevant
rules are detailed in chapter 10 and under Rule Nos. 56 to 32. Any application
for attendance at private residence shall be in writing and has to be signed by
the person, who requests the attendance at his residence. Such letter may be
presented by any person to the Registering Officer. The request has to be
complied with as early as possible. If such attendance at private residence
disturbs the regular routine of the office or requires closure of office and if
the case does not fall under section 31 of the Indian Registration Act, a
commission may be issued, which means another person other than the registering
officer may be requested to attend the private residence and complete the
registration formalities. The attendance of Sub-Registrar at private residence
or issuing commission has to be reported to the Registrar within 24 hours. The
Sub-Registrar shall not proceed out of his sub district for this purpose, but
Registrar may attend the private residence situated in his district though it
may not be situated within the Sub-District under his immediate charge.
Section 88 of the Act refers to documents, which are executed
by Government Officers or certain public functionaries, who are exempted from
personal appearance.
Any Officer of the Government, any Administrator General,
Official Trustee or Official Assignee, the Sheriff, Receiver or Registrar of
High Court, any Holder of such other Public Office as notified in the Official
Gazette of the State Government are exempted from personal appearance or
through their Agents at registration office in connection with registration of
any instrument executed by them or any document executed in their favour in
their official capacity. They are also exempted from signing the document for
admitting the execution as required under section 58 of the Act.
Certain category of documents like copies of orders,
certificates and instruments need not be presented for registration, but may be
sent to the registering office for filing as per section 89 of the Act. In
following cases, the copies have to be forwarded to the Jurisdictional
Registering Officer under whose jurisdiction the immovable property in question
is situated.
Every Officer can grant a loan under Land Improvement Loans
Act 1883, and every Court can grant a certificate of sale of immovable property
under Civil Procedure Code, 1908.
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