Registration Manual (As in Force in Andhra Pradesh) Wwwww
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B.S.R's REGISTRATION MANUAL (AS IN FORCE IN ANDHRA PRADESH) WWWWW CONTAINING THE REGISTRATION ACT, 1908 THE A.P. RULES UNDER THE REGISTRATION ACT, 1908 PROCEDURES UNDER THE REGISTRATION ACT, 1908 AND RULES SYNOPSIS ON THE ACTS RELATINGTO Prohibition of registration of Assigned lands, Pattadar pass books etc. Special marriage Act, 1954 Hindu Marriage Act, 1955 SRI.V. VENKAT RAO B.S. RATHNASWAMI District Registrar (Retd) Asst.Dt.Registrar(Retd) Guide Editor REGISTRATION MANUAL 2007 BSR’s i REGISTRATION MANUAL (AS IN FORCE IN ANDHRA PRADESH) CONTAINING THE REGISTRATION ACT, 1908 THE A.P. RULES UNDER THE REGISTRATION ACT, 1908 PROCEDURES UNDER THE REGISTRATION ACT, 1908 AND RULES SYNOPSIS ON THE ACTS RELATINGTO Prohibition of registration of Assigned lands, Pattadar pass books etc. Special marriage Act, 1954 Hindu Marriage Act, 1955 Sri.V.Venkat Rao B.S.Rathnaswami District Registrar (Retd) Asst.Dt.Registrar(Retd) Guide Editor (For Reading and Reference by the members of Regn. and Stamps Dept.) ii Printed at M/S.Karshak Art Printers 40, APHB, Vidyanagar, Hyderabad - 44 Phone: 040 - 22768261, 227653348. EDITION - October 2007 Price: Rs. 400/- Editor's Note In spite of great care and caution bestowed, errors and omissions can creep in for which the readers will please bear with the Editor. Any discrepancy or mistake noticed may kindly be brought to the knowledge of the Editor for rectification in the next edition. It is however notified that the Editor, the Guide and the Printers are not responsible for any damage or loss accruing to anybody therefrom. All Rights Reserved by the Editor Note : This manual can be had from : - Sri.B.S.Rathnaswami, Rajeswari Book Depot. (Beside Head Post Office), KURNOOL- 1 (Post) Pin: 518001; Mobile 9440237766 iii Homage The Guide and the Editor express their profound rever- ence to the erstwhile pioneers of the department, namely Late.T.Subba Raju garu and Late.M.Seshagiri Rao garu, su- perintendents of the Office of the Inspector General of Reg- istration and Stamps, Andhra Pradesh, Hyderabad and re- spectfully dedicate this Book to them in token of their high gratitude for having their valuable guidance on the Regis- tration law during their association in the service of the department Editor iv PREFACE The Registration Act, 1908 is a regulatory enactment and century old, unlike Stamp Act, 1899 which is a fiscal enactment referable to the taxing powers of the State. It is a Pre Constitution enactment made by British Parliament and adopted by India by Adaptation Order, 1937. Any interpre- tation of any of its provisions must also satisfy the constitutional provisions and in case of conflict, the provisions of the Registration Act have to yield to Constitution of India. The purpose of the enactment is to assure people that if a document evidencing transaction or conveyance is registered, no one can claim any interest by creating a forged or sham document. The object of registering a document is to give notice to the world that a document has been executed to prevent fraud and forgery and to secure a reliable and complete account of all transactions effecting the title to the property. Such document should be registered strictly complying with the provisions of the Registration Act so as to classify as a valid document. The Registration Act contains fifteen parts. Part I contains the definitions clause and Part II deals with Registration establishment i.e. administration, management and organisation of the registration department. Part III contains the provisions dealing with which registration is compulsory or optional and about description of property in documents and maps or plans. Parts IV to IX deal with procedures for method and manners of presenting the documents and registration as such. Part X describes the effects of registration and nonregistration. Part XI enjoins the duties and powers of registering officers in some detail. Part XI-A deals with Registration of documents by means of Electronic Devices. Part-XII contains provisions for refusal to register documents and Appeals on such refusals. Part XIII regulates the fees leviable for registration, searches and copies etc. Part XIV prescribe penalties for incomplete endorsing, copying, translating or registering documents, and penalty for making false statements, delivering false copies or transactions, false personations and abatement and commence- ment of prosecutions by Registering officers for offences. Part XV contains provisions for destruction of unclaimed documents, registration of documents, executed by Government officers, filing of certain orders, certificates and instruments sent to the Registering officers, exemptions from the Act in respect of certain documents executed by or in favour of Government and for inspection by any person, certain documents and maps and registers of the documents and for copies of such documents. Section 69 of the Registration Act 1908 confers the powers of general v superintendence on the Inspector General of Registration over all the Registration offices in the state and also confers powers to make rules consistent with the provisions of the Registration Act. The Inspector General has made the Rules known as the “Andhra Pradesh Rules under the Registration Act, 1908” duly approved by the State Government. These Rules have come into force from 01-01-1960 superseeding the rules along with the table of fees in force until then. Appendixes and forms etc., have the force of Law. Besides the Act and the Rules, there are standing orders of the Inspector General of Registration issued from time to time. These orders are supplemental to the provisions of the Act and for reference by the Registering Officers in their daily official routine. Most of the Sub Registrars and the Registrars particularly in Telangana areas and many other newly opened offices were not provided with the manuals, causing great handicap.Revision of the manual which was followed in the composite State of Madras and Andhra Pradesh was completed in 1986, incorporating therein only those standing orders applicable to the A.P. State and other orders issued after the formation of Andhra by one of the distinguished former Inspector General of Registration Sri K.GopalReddy garu M.A.LL.B in 1986. The revised manual is of immence help and guidance to the membes of the department to effectively discharge their functions under the Registration Act, 1908 and other related Acts and the Indian Stamp Act, 1899. In this edition the Registration Act, 1908 and the A.P. Rules under the said Act with case law along with procedures to be followed have been made available though it occupied about 200 pages more. Procedures prescribed are based on the sections and rules under the Act. Procedural lapses, deviations or irregularities are prone to litigation as they are not remediable in certain cases The Editor is highly grateful to Sri V.Venkat Rao garu, District Registrar(Retd) for his continued valuable suggestions and guidence throughout,readily. The Editor is very much thankful to Kumari Allamaraju Raga Pallavi, student of Kurnool for doing the DTP work and getting the printouts from the computer and providing compact disk for printing. The editor hereby expresses and records his sincere thanks to all his welwishers and former collegues and those in service for their whole hearted co-opertion in bringing out this publication Finally the Editor thanks M/s KARSHAK ART PPRINTERS, Vidya Nagar, Hyderabad-44 for printing and bringing out this book perfectly in short time. EDITOR vi THE CONSTITUTION OF INDIA (Extract) Provisions of the Constitution having a bearing on the Stamp Act Art. 246. Subject-matter of laws made by Parliament and by the Legislatures of States (1) Notwithstanding anything in Clauses (2) and (3), Parliament has exclusive power to make laws with respect to any of the matters enumerated in the List I in the Seventh Schedule (in this Constitution referred to as the Union List) (2) Notwithstanding anything in Clause (3), Parliament, and subject to Clause (1), the Legislature of any State also have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution referred to as the " Concurrent List ") (3) Subject to Clauses (1) and (2), the Legislature of any State has exclusive power to make laws for such State or any part thereof with respect to any of the matters enumerated in the List II in the Seventh Schedule (in this Constitution referred to as the " State List ") (4) Parliament has power to make laws with respect to any matter for any part of the territory of India not included (in a State) not withstanding that such matter is a matter enumerated in the State List. Art. 247. Power of Parliament to provide for the establishment of certain additional Courts:- Notwithstanding anything in this Chapter, Parliament may by law provide for the establishment of any additional Courts for the better administration of laws made by Parliament or of any existing law with respect to a matter enumerated in the Union List. Art. 251. Inconsistency between laws made by Parliament under Articles 249 and 250, and laws made by the Legislatures of States:- Nothing in Articles 249 & 250 shall restrict the power of the Legislature of a State to make any law which under this Constitution it has power to make, but if any provision of a law made by the Legislature of a State is repugnant to any provision of a law made by Parliament which Parliament has under either of the said Articles power to make the law made by Parliament whether passed before or after the law made by the Legislature of the State shall prevail, and the law made by the legislature of the State shall, to the extent of the repugnancy, but so long only as the law made by Parliament continues to have effect, be inoperative.