TRANSFER OF PROPERTY ACT, 1882 & INDIAN STAMP ACT, 1899
QUESTIONS & ANSWERS
MAHABALESHWAR N. MORJE
INTRODUCTION : In order to provide safeguard and speedy return of documents, Computarisation is started all over India. Hon'ble Shri Chandrababu Naidu, the Chief Minister of Andhra Pradeshpromised to return documents within 10 minutes. The inspector General of Maharashtra has promised to return within 3 days.Several important amendments have been made to the Indian Registration Act, 1908, Transfer of Property, 1882 Act and Indian Stamp Act, 1899 which has come into force on 24th September 2001.
of the important questions of fact and law are as under:
|Q.1||What are the new provisions for keeping books incomputer floppies, diskets etc?|
|Q.2||What is the object and purpose of Section 17 of Indian Registration Act ? What is the new amendment to Section 17 ?|
|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 ?|
|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.?|
|Q.5||What the object of Section 49 ? What amendment has been made to this Section ?|
|Q.6||What is the object of Section 52 ? and what is the amendment of Section 52 ?|
|Q.7||What is the object of Section 67 ? What are the effects of omitting section 67?|
|Q.8||What is the object of Section 69 ? What is the new amendment to section 69?|
|Q.9||What is the object of 53A of Transfer of Property Act ? What is the new amendment to this Section ?|
|Q.10||What are the amendments of Indian Stamp Act, 1899 ?|
|Q.11||What are the new amendments of Section 6 and 10 of Indian Stamp Act, 1899 ?|
|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.|
|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 :-
|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.
|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
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.
|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.|
|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
|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.|
|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|
|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
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.
|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.|
|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.
COMMENTS : This amendments will help to reduce malpractices in presentation of bogus agreements for transfer in form of sale, mortgage, lease, gift etc. The provision of affixing the photographs also should made applicable even to the builders and developers and estate agents so that only genuine transactions will be registered. It is found that bogus survey no. are mentioned in agreement and in order to have clear description of property it may be made mandatory to annex the photograph along with property extract.