Registration Act of the duties and Powers of Registering officers (A) as to the Register-Books and Index

51. Register books to be kept in the several offices. -The following books shall be kept in the several offices hereinafter named, namely:

A In all registration offices -

Book 1 - "Register of non-testamentary document relating to immovable property".
Book 2 - "Record of reasons for refusal to register".
Book 3 - "Register of wills and authorities to adopt"; and
Book 4 - "Miscellaneous Register".
B - In the offices of Registrars -
Book.5 - "Register of deposits of wills".

(2) In book I shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.

(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.

(4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with office of a Sub-Registrar.

1["(5) If, any of the books mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is in danger of being destroyed, or becoming illegible wholly or partially, the Registrar may by a written order, direct such book or such portion thereof as the thinks fit, to be reconstructed or recopied as the case may be and authenticated in such manner as may be prescribed under section 69, and the copy prepared and authenticated under such direction shall for the purpose of this Act, be deemed to have taken the place of and to be the original book or portion and all references in this Act, to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated".]

Note.1 Substituted by the Registration (Karnataka Amendment) Act, 1984.

(Act No. 41 of 1984).

52. Duties of reistering officers when document presented. (1) (a) The day, hour and place of presentation, 1[ the photographs and fingerprints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document to the time of presenting it;

(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and

(c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission.

(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.

1. Ins. By the Registration and Other Related Laws(Amendment) Act,2001,sec.7.

53. Entries to be numbered consecutively. - All entries in each book shall be numbered in a consequentive series, which shall commence and terminate with the year, a fresh series beign commenced at the beginning of each year.

54. Current indexes and entries therein. -In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books ; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of the document to which it relates.

55. Indexes to be made by registering officers, and their contents. - (1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No.I, Index No.II, Index No.III and Index No.IV.

(2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No.I.

(3) Index No.II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector - General from time to time directs in that behalf.

(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book no.3 and of executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.

(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No.4.

(6) Each Index shall contain such other particulars, and shall be preapred in such form, as the Inspector-General from time to time directs.

56. (Repealed by Act XV of 1929).

57. Registering officers to allow inspection of certain books and Indexes and to give certified copies of entries. - (1) Subject to the previous payment of the fees payable in that behalf, the books No.1 and 2 and the Indexes relating to Book No.I shall be at all times open to inspection by any person applying to inspect the same : and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.

(2) Subject to the same provisions, copies of entries in Book No.3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies.

(3) Subject to the same provision copies of entries in Book No.4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.

(4) The requisite search under this section for entries in Book Nos. 3 and 4 shall be made only be the registering officer.

(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.

(B) As to the procedure on admitting to registration

58 . Particulars to be endorsed on documents admitted to registration.

(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely :

(a) the signature and addition of every person admitting the execution of the document, and if such execution has been admitted by the representative, assign or agent of any person the signature and addition of such representative, assign or agent ;

(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act ; and

(c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution

(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

59. Endoresements to be dated and signed by registering officer - The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day.

60 Certificate of registration - (1) After such of the provisions of section 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word "registered" together with the number and page of the book in which the document has been copied.

(2) Such certificate shall be signed, sealed and dated by the registering officer,and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endoresements referred to in section 59, have occurred as therein mentioned.

61. Endoresements and certificate to be copied and document returned. - The endoresements and certificate referred to and mentioned in section 59 and 60 shall thereupon be copied into the margin of the Register book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No.I

(2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned 1[in the manner prescribed by rules] to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the recipt mentioned in section 52.

62. Procedure on presenting document in language unknown to registering officer - (1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and together with the copy referred to in section 19, shall be filed in the registraion office.

(2) The endoresements and certificate respectively mentioned in section 59 and 60 shall be made on the original, and for the purpose of making the copies and memorada requires by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.

63 Power to administer, oaths and record of substance of statements -

(1) Every registering officer may at his discretion, administer an oath to any person examined by him under provisions of this Act.

(2) Every such officer may also at his direction record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in language with which he is acquinted and if he admits the correctness of such note, it shall be signed by the registering officer.

(3) Every such note so signed shall be admissible for the purpose of proving that statements therein recorded were made by the persons and under the circumstances there in stated.

1. Substituted by the Registration (Karnataka Amendment) Act, 1984, (Act No.41 of 1984)

(C) Special duties of Sub-Registrar

64. Procedure where document relates to land in several sub-districts - Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endoresement and certificate (if any) thereon , and send the same to every other Sub-Registrar subordinate to the same Regitrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No.I.

65. Procedure where document relates to land inseveral districts - (1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endoresement and Certificate (if any) thereon together with a copy of the map or plan (if any) mentioned in section21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate.

(2) The Registrar on receiving the same shall file in his Book No.1 the copy of the document and the copy of the map or plan (if any) and shall forward a memorandum of the document to each of the Sub-Registrar subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file it in his Book No.I

(D) Special duties of Registrar

66. Procedure after registration of documents relaing to land - (1) On registering any non-testamentary document relating to immovable property , the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.

(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any partof such property is situate.

(3) Such Registrar on receiving any such copy shall file it in his Book No.1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No.1.

67. 1.Deleted by Karnataka Amendment Act No. 24 of 1989 w.e.f. 24-6-1989

Note: Government of India also deleted section 67 by the Registration and Other Related Laws(Amendment) Act,2001,sec.8.

(E) Of the controlling powers of Registrar and Inspector - General

68. Power of registrars to superintend and control Sub-Registrars. (1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.

(2) Every Registrar shall have authority to issue (whethere on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.

69. Power of Inspector-General to superintend registration offices and make rules.- (1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the State Government, and shall have power from time to time to make rules consistent with this Act -

(a) providing for the safe custody of books, papers and document;

1[(a) 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 subsection (1) of section 16A;]

1. Ins. by the Registration and Other Related Laws(Amendment) Act,2001,sec.9.

(b) declaring what language shall be deemed to be commonly used in each district;

(c) declaring what territorial divisions shall be recognized under section 21;

(d) regulating the amount of fines imposed under section 25and 34, respectively;

(e) regulating the exercise of the discretion reposed in the registering officer by section 63 ;

(f) regulating the form in which registering officers are to make memoranda of documents;

(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51 1[and the manner of recopying such books or portions thereof] ;

(gg) regulating the manner in which the instruments referred to in such-section (2) of section88 may be presented for registration.;

(h) declaring the particulars tobe contained in Indexes Nos.I,II, III and IV, respectively;

(i) declaring the holidays that shall be observed inthe registration offices ;

" [ii) prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer or who frequent the precincts of registration offices, for the purpose of writing documents may be granted licences and prescribing the fees to be paid for such licences;]"

(j) generally, regulating the proceeding of the Registrar and Sub-Registrars.

2["(k) providing for the manner of return of documents under sub-section (2) of section 61"].

(2) The rules so made shall be submitted to be State Government for approval , and after they have been approved, they shall be published in the official Gazette, and on publication shall have effect as if enacted in this Act.

Note. 1. Inserted by Registration (Karnataka Amendment) Act, 1976 with effect from 25th October 1976.

2. Inserted by the Registration (Karnataka Amendment) Act, 1984. (Act No. 41 of 1984

70. Power of Inspector-General of remit fines - The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.

1[Insertion of new part XI -A. - After part XI of the principal Act, the following part and sections shall be inserted, namely :-