| Q.1. |
What
are the new provisions for keeping books incomputer floppies, diskets etc? |
| Ans. |
Section 16 of the Indian
Registration Act, 1908 refers to Register - books and fire-proof boxes.
Section 16 states that - The State Government shall provide for the office
of every registering officer the books necessary for the purposes of this
Act. The books so provided shall contain the forms from time to time prescribed
by the Inspector - General, with the sanction of the State Government,
and the pages of such books shall be consecutively numbered in print, and
the number of pages in each book shall be certified on the title page by
the officer by whom such books are issued. The State Government shall supply
the office of every Registrar with a fire-proof box, and shall in each
district make suitable provision for the safe custody of the records connected
with the registration of documents in such district. This section is now
amended which states as under :- 16A(1) Notwithstanding anything contained
in section 16, the books provided under sub section may also be kept in
computer floppies or diskettes or in any other electronic form in the manner
and subject to the safeguards as may be prescribed by the Inspector -General
with the sanction of the State Government. (2) Nothwithstanding anything
contained in this Act or in any other law for the time being in force,
a copy of extracts from the books kept under sub-section (1) given by the
registering officer under his hand and seal shall be deemed to be a copy
given under section 57 for the purpose of sub-section (5) of that section.
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| Q.2. |
What
is the object and purpose of Section 17 of Indian Registration Act ? What
is the new amendment to Section 17 ? |
| Ans. |
Section 17 refers to
the Documents of which registration is compulsory. The real purpose of
registration is to secure that every person dealing with property, where
such dealings require registration, may rely with confidence upon the statements
contained in the register as a full and complete account of all transactions
by which his title may be affected unless indeed he has actual notice of
some unregistered transaction which may be valid apart from registration.
Section 17 is now amended
which states as under :-
after sub-section (I)
the following sub-section shall be inserted namely - (IA) The documents
containing contracts to transfer for consideration any immovable property
for the purpose of section 53 A of the Transfer of Property Act, 1882 shall
be registered if they have been executed on or after the commencement of
the Registration and Other Related Laws (Amendment) Act, 2001 and if such
documents are not registered on or after such commencement, then they shall
have no effect for the purposes of the said section 53A. (b) in sub-section
(2), in clause (v), for the opening words "any document" the words, brackets,
figure and letter "any document other than the documents specified in sub-section
(IA) shall be substituted.
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| Q.3. |
What
was the object of section 30 of Indian Registration Act and what is the
effect of omition of sub section (2) of section 30 ? |
| Ans. |
Section 30 refers to
the Registration by Registrar in certain cases. Under original sub section
(2) the registrar of the district including a presidency town was allowed
to receive or register any document referring to section 28 without regard
to the situation in any part of India of the Property to which the documents
relates. The word India was substituted for word states by part (b) Act
1951. In view of this new amendment, the Registrar cannot receive or register
any document relating to the different areas where the land is situated
than the Registrar of
the District where the land is situated for example documents from Districts
of Thane, Raigad, Ratnagiri or such other Districts cannot be accepted
or receive in the District of Mumbai and that even the documents from suburban
District of Mumbai may not receive in the main registration office at Old
Custom House at Mumbai.
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| Q.4. |
What
is the object and purpose of Section 32 ? Is it true that under the
new amendment to section 32 A it is compulsory of affixing the passport
sizephotographs etc.? |
| Ans. |
The Section 32 of Indian
Registration Act refers to the persons to present the document for registration,
it was found that there was flase representation or false identification
in respect of many cases when the documents were presented for Registration.
In order to avoid malpractices and false identification the section has
been amended.
The Section 32A states
as under - "Every persons presenting any document at the proper registration
office under section 32 shall affix his passport size photograph and fingerprints
to the document. Provided that where such document relates to transfer
of ownership of immovable property the passport size photograph and fingerprints
of each buyer and seller of such property mentioned in this document shall
also affixed to the document.
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| Q.5. |
What
the object of Section 49 ? What amendment has been made to this Section
? |
| Ans. |
Section 49 refers to
the effect of non-registration of document required to be registered. This
Section was amended by section 10 of Transfer of Property (amendment) supplementary
Act, 1929. Following amendments is made to the Section 49. Section 49 of
Indian Registration Act, in the proviso, the words, figures and letter
"or as evidence of party performance of a contract for the purposes
of section 53A of the Transfer of Property Act, 1882", shall be omitted.
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| Q.6. |
What
is the object of Section 52 ? and what is the amendment of Section 52 ? |
| Ans. |
Section 52 refers to
the duties of Registering Officers when document presented.
Sub clause (a) of Sub
Section 1 of Section 52 states as under :- The day, hour and place of presentation
and the signature of every persons presenting a document for registration,
shall be endorsed on every such document at the time of presenting it;
A receipt for such document shall be given by the registering officer to
the person presenting the same; and Subject to the provisions contained
in section 62, every document admitted to registration shall without unnecessary
delay be copied in the book appropriated therefore according to the order
of its admission. Under the new amendment of Section 52 of the Registration
Act, in
caluse (a) after the
words "and place of presentation", the words, figures and letter" the photographs
and fingerprints affixed under section 32A" shall be inserted
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| Q.7. |
What
is the object of Section 67 ? What are the effects of omitting section
67? |
| Ans. |
Section 67 refers to
the procedure after registration under section 30, subsection (2). This
section is now omitted.
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| Q.8. |
What
is the object of Section 69 ? What is the new amendment to section
69? |
| Ans. |
Section 69 refers to
the Power of Superintendent of registration Office and makes rules.
The new amendment states as under :- "(aa) providing the manner in which
and the safeguards subject to which the books may be kept in computer floppies
or diskettes or in any other electronic form under sub-section (I) of Section
16A". II. NEW AMENDMENT TO TRANSFER OF PROPERTY ACT, 1882
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| Q.9. |
What
is the object of 53A of Transfer of Property Act ? What is the new amendment
to this Section ? |
| Ans. |
Section 53A of Transfer
of Property Act refers to the doctrine of part performance. The section
has been described by the Privy Council and the Supreme Court as a partial
importation of the English equitable doctrine of part performance.
By virtue of this section, part performance does not give rise to an equity
as in England, but to
statutory right. This right is more restricted than the English equity
in two respects, (1) there must be a written contract, and (2) it is only
available as a defence. So far as India is concerned, the section creates
rights, which were not in existence before the enactment was passed. These
rights to retain possession rest on the express provisions of the statute.
For the exercise of the right, no question of limitation can arise.
It is immaterial whether the suit for specific performance is barred.
Amendment of Section 53A
of the Transfer of Property Act, 1882, the words "the contract, through
required to be registered, has not been registered or" shall be omitted.
(See answer to the question No.2 under Registeration Act)
NEW AMENDMENT TO INDIAN
STAMP ACT, 1899.
INTRODUCTION : The Stamp
Duties are taxes on transactions levied in the shape of stamps on
instruments about them.
The revenue derived from such duties forms a considerable part of the revenues
of the States. Under the Constitution, the entire proceeds of the duties
are assigned to the State in which they are levied though for the sake
of ensuring uniformity of rates of duty with regard to instruments
of a commercial character, the power to prescribe the rates of duties on
them is vested in the Union Legislature (entry 91 of the Union List) and
the power to reduce or remit such duties with the Central Government
(Section 9 of the Stamp Act). The power to prescribe the rates of duties
on other instruments is vested in the
State Legislature
(entry 63 of the State List) and the power to reduce or remit such duties
in the State Government (section 9 of the Stamp Act). All matters
relating to the mechanism of collection and management of stamps duties
in respect of both the classes of instruments are the subject of
entry 44 of the Concurrent List. The difference of rates in different States
for sale deeds, mortgage deeds and agreements relating to deposit
of title deeds has tempted parties to resort to carrying out their transactions
in the State
where the rates are law
even though the properties may be situate in another state.
NOTE : Now Section 30
of Indian Registration Act is amended and in view of amendment the registrar
cannot receive or register any document relating to different areas where
the property is situated.
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| Q.10. |
What
are the amendments of Indian Stamp Act, 1899 ? |
| Ans. |
In schedule I to the
Indian Stamp Act, 1899 (a) under column heading "Description of Instrument"
in article No.23, in Exemption, the portion beginning with the words "Assignment
of Copyright" and ending with the word and figure" Section 5 shall be numbered
as clause (a) thereof, and after clause (a) as so numbered the following
clause shall be inserted namely :- "(b) for the purpose of this article,
the portion of duty paid in respect of a document falling under article
No.23A shall be excluded while computing the duty payable in respect of
corresponding document relating to the completion of the transaction in
any Union territory under this article.
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| Q.11. |
What
are the new amendments of Section 6 and 10 of Indian Stamp Act, 1899 ? |
| Ans. |
(a) right oif a transferor
or any person claiming under his debarred under section 53A of the Transfer
of Property Act, 1882 immediately before the commencement of this Act shall
remain so debarred as if section 10 had not come into force in respect
of such right and
(b) unregistered document
relating to the right referred to in clause (a) may be received as evidence
of part performance of a contract for the purposes of section 53A of the
Transfer of Property Act, 1882 as if section 6 had not come into force
in respect of such document.
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