The Registration (Amendment) Bill, 2013 was introduced in Rajya Sabha on August 8, 2013, and now has been re-referred by the Speaker, Lok Sabha to the Parliamentary Standing Committee on Rural Development for examination and report.
The Bill seeks to amend the Registration Act, 1908. It inter alia provides for compulsory registration for the leases of immovable property for any term, registration of immovable property only in the State in which it is actually located. Every person presenting any document at the proper registration office shall have to affix in the document a passport size colour photograph and get photographed by a digital camera and affix thumb impression in the document by manual or by biometric device. The Bill has provision for forwarding of copies by the banks and financial institutions, granting loans on the basis of equitable mortgage where immovable property is mortgaged by deposit of title deeds for the purpose of securing repayment of the loan. It also provides for compulsory registration in the cases where transaction of immovable property occurs through Power of Attorney (PoA), refusal of registration of documents relating to transactions prohibited by Central/ States Acts, refund/ recovery of Registration fees, etc.
The Committee has invited memoranda containing views/suggestions on the Bill, from the individuals/ experts/ professionals/ organizations/ associations/ those interested in the subjects matter of the Bill.
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There’s certainly a lot to know about this subject.
I really like all of the points you’ve made.
As far as the proposed amendments are concerned the ones requiring cumpolsary registration of POA's is settled law and therefore need not be further codified. Moreover even if the document is styled as a POA the same nonetheless is to be treated as a conveyance/sale deed and registered accordingly as per a landmark constitutional bench judgment of the Hon'ble Supreme Court. Therefore providing for POA registration specifically will once again create confusion as to the validity of such transactions apart from encroaching into a field in which the dominant legislation is the TPA. Thus, I believe that the same would be more detrimental than beneficial
Insert a section stating that registration shall act as an estoppel against the executants who shall accordingly be estoppel from disputing their signatures etc I.e. The fact of the execution itself or anyone claiming through them.
Provided that nothing contained in this sub-section shall prevent the executant or any one claiming through them from challenging the same on any other ground permissible in law.
Another section:-
The registration of the document shall act as as a notice "in rem" and therefore a prior registered document (except in the case of a will) shall supersede the one subsequent until cancellation/revocation of the subsequent document
This will genuinely take away half the problems created in real estate litigation.
FURTHER MAKE IT COMPLUSORY THAT NOTARY SHOULD NOT ATTEST ANY DOCUMENT STYLED AS 'notary sale-deed' or document having recital regarding possession.ONLY BECAUSE OF NOTARY SALE-DEED, MUCH CONFUSION IS CREATED AND LAW AND ORDER PROBLEM IS CREATED.
FURTHER IT IS MUST BE MADE MANDATORY TO ACCEPT THE DOCUMENT RECEIVED OR PUTFORTH FOR REGISTRATION AND DOCUMENT SHOULD NOT BE DENIED ON ANY COUNT. DENIAL OF DOCUMENT MUST BE MADE SERIOUS LAPSE IN SERVICE AND STRICT DISCIPLINARY ACTION MUST BE TAKEN AGAINST THE CONCERNED OFFICER.