THE DELHI REGISTRATION RULES, 1976
PART 1
1. Short title and commencement.
(1) These Rules may be called the Delhi Registration Rules, 1976.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
In these Rules, unless the context otherwise requires, various definitions, terms, references used herein, shall have the same meaning as assigned to them under the Registration Act, 1908 and all other relevant enactments referred to herein.
Custody and Preservation
3. Responsibility for preservation and safe custody of records.
Registering Officers shall be responsible for the preservation and safe custody of all registration records, which have accumulated in their offices or have been transferred thereto. This responsibility applied not only to the registers and records maintained under the Indian Registration Act, 1908 (XVI of 1908), but also to those under the previous Indian Registration Act, III of 1877, VIII of 1871, and XX of 1866, including those records which were being maintained under local Rules before the extension of the last mentioned Acts, to the Union Territory of Delhi, which was formerly a part of Punjab.
4. Provisions for keeping of documents of permanent value.
The Offices of all Registering Officers shall be supplied with almirahs and steel racks in which Books and all papers and documents connected therewith of permanent value shall be kept and no money or valuables of any kind shall be kept therein.
5. Examination of records.
To prevent injury occurring to the older records by damp, white ants, etc. the almirahs and steel racks shall be thoroughly examined once in six months and all Sub-Registrars shall submit immediately thereafter a certificate to the Registrar and Inspector General of Registration to the effect that records in their charge have been examined. If any injury happens to any of the records, whether by white ants, fire, rain, water or otherwise, or if any of them be lost, an immediate report shall be made to the Registrar and Inspector General of Registration. The Registrar shall record at the same time his opinion as to whether anyone, and if so, who is to be blamed, and also the measures to be taken to repair the injury or loss so far as may be possible and send a report to the Inspector General of Registration.
6. Preservation of Wills and authorities to adopt.
(i) The Registrar shall be supplied either with a fire proof Safe or Almirah. In the Safe or Almirah shall be kept Wills in sealed covers and authorities to adopt, which were deposited under the provisions of various Indian Registration Acts, which were enforced from time to time and may be presented for deposit under the provisions of present Indian Registration Act, 1908. It shall not be used for any other purposes whatsoever. The key of Safe or Almirah shall remain in the personal custody of the Registrar, who alone shall open and close it. The Safe or Almirah shall be placed at such place where it is not possibly effected by dampness and it shall be opened and examined atleast once in three months to ascertain that its contents are in good condition, and that the lock is in order.
(ii) If any Will through age and dampness is subject to decomposition in such a way that it appears likely to become useless, the depositor or his legal representative in case the depositor is dead, shall be called upon to replace it and inform that unless he does so, it will be destroyed when no longer legible. Such destruction shall be carried out in the presence of Registrar, who shall record a note thereof in his own hand writing in the register.
(iii) When several Wills are kept together, arranged one above the other, seals are apt to wear out and the inscription thereon to become effected owning to constant contact, to prevent such damage, these covers shall, before they are deposited in the Safe or Almirah, be placed in other transparent covers with eyeletted flaps and a string should be passed through the eyelets and tied and sealed with the Registrar's private seals. The outer cover shall not be opened unless an occasion arises for the opening of the inner sealed cover for its removal to court.
7. Safe Custody of the records.
All the records of permanent nature in the Registration Offices shall be kept in the safe custody of the Registering Officers in their respective District or at such other place and under the charge of an officer not below the rank of Sub-Registrar, as the Inspector General of Registration, may decide to nominate in this behalf.
8. Catalogue of permanent records.
A catalogue shall be maintained in every Registration Office of a permanent record yearwise in the following proforma :
Book or Index No................
Vol.
Date of commencement
Date of Completion
Date of despatch to Central Record Room
Signature of
Remark
No.
No.
Date
Month
Year
Date
Month
Year
Date
Month
Year
Registering Officer
9. Transfer of records to Central Records Office.
When a Central Record Office has been set up, all the records of permanent nature of Registration Offices of more than three years old or of such period as the Inspector General of Registration, Delhi, may approve, shall be transferred to it at the beginning of each calendar year. One copy of invoice shall, after careful verification, be receipted and returned to the office from which it was received. Despatching official will be responsible to secure packing of records and he shall take every precaution to ensure that no loss or damage is done to the record in transit.
10. Inspection of registers, etc. by applicants under section 57.
Inspection of registration Books and Indexes allowed to applicants under section 57 of the Act shall be made in the presence of some responsible official. Such person shall not carry any pen/ink/ball-point pen nor shall he be allowed to take notes with such material.
11. Production of registers, etc. in Courts.
If the production of a register, book or of any document in the custody of Registration Officer is required by any court, it shall be first entered in the "Movement Register" which shall be maintained in the form (Appendix I) by each Registering Officer in his Sub-District and the same be forwarded to the Court under the charge of a responsible official of the Registration Office.
12. Consecutive numbers to be by the calendar year at the close of year.
The consecutive number of copies of documents in each Book prescribed in section 53 of the Act shall commence and terminate with the calender year and the Registering Officer shall certify after the last copy of each volume, the number of copies pasted in that volume and the number of pages on which they are written; he shall also examine these entries and note in a certificate any errors or defects that he may discover. If no copies have been pasted during the year in any volume, he shall certify to that effect.
13. Book No. I or Additional Book No. I.
Book I or Additional Book I and the Indices relating to it shall be opened to public inspection and copies of the documents entered/pasted in them shall be given to all person on payment of the prescribed fees. In Additional Book shall be pasted all documents registered under sections 17 and 18 of the Act which related to immoveable property and are not Wills.
14. Reference to other documents affecting the same property.
When a document is registered in Book No. I or Additional Book No. 1 affecting some other document previously registered in it, a note referring to the later document shall be made along with the other endorsements provided by the Registration Act.
15. Supplementary Book No. I
(1) Besides the ordinary pasting in Book No. I, the Act requires that the following documents shall be filed in Book No. I or Additional Book No. 1:
(a) Copies of maps and plans (section 61);
(b) Copies of memoranda of documents received from other Registering Officers (section 64).
(2) To prevent injury to the binding and the disturbance of paging which would result if those documents were filed in the bound volumes, a separate file book called "Supplementary Book I" shall be kept in each office and in it the documents above mentioned shall be pasted. It shall contain printed slips paged in consecutive order and having columns headed as follows:
(a) data of receipt of copy of memorandum;
(b) date on which document was executed;
(c) name and addition of executant.
(3) As regards the copies of maps and plans, it will be sufficient to note thereon the registration number and date of registration of the documents to which they appertain, and the volume and page where the entry will be found, but all other copies and memoranda filed in this book shall be numbered consecutively and the necessary particulars shall be given on them in indices Nos. I and II. All documents shall be pasted immediately on receipt, otherwise there is danger of their being lost or injured. All notes recorded on the documents filed in this book shall be signed and dated by the Registering Officer. (In all cases the three printed columns on the paged slips shall be filled up). The certificate at the beginning and end of each volume prescribed in paragraphs 58 and 60 and the annual certificates prescribed in paragraph 61, must be recorded in this book in the same manner as in all the other registers.
16. Filing of translation and maps.
When a document is registered under section 62 of the Act, a note of the Supplementary file book on which the translation and the copy have been filed shall be made. A similar note shall be made when a copy of a map or plan is pasted in Supplementary Book I under section 61.
17. Book II.
(1) Book II is open to public inspection, and copies of documents shall be given to all persons applying for them. In the event of the applicants being persons executing or claiming under the documents, registration of which has been refused, or their representative or agents, the copies shall be given free of charge (for copying) though the copy must be stamped. This Book shall contain the following headings :
(i) Serial Number;
(ii) Date of order of refusal;
(iii) Name of person presenting document;
(iv) Nature and volume of transaction;
(v) Reasons for refusal;
(vi) Remarks.
(2) A brief description of the rejected documents is sufficient.
(3) The record of the reasons for refusal should be sufficiently filled to enable an appellate or inspecting officer to judge their sufficiency, but need not contain a summary of any evidence which the registering officer may have taken, such evidence shall be recorded on separate sheets of papers and filed in the office. When a document, the registration of which was originally refused, is subsequently registered by order of Registrar under sections 72, 73 or 75 of the Act or of a Civil Court under section 77, a note of such order shall be made in column 6 of the register opposite the original record of the refusal.
(4) In his copy of this Book, the Registrar, as required by section 76 of the Act, shall record his reasons not only for refusing to register a document but also for rejecting an appeal from the order of a Sub-Registrar subordinate to him.
18. Book No. III.
Book III is not open to public inspection, nor are its indices, but copies of wills and authorities to adopt pasted in it shall, on payment of the prescribed fees, be given to the persons executing the documents to which such copies relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. The necessary search to locate the document shall be made by the Registering Officer in person. When a Will entered in this Book affects immoveable property situated in District or Districts other than that where the entry has been made, no copy will to be sent to the registering officers of those Districts or Sub-Districts. This register shall contain the same heading as Book I.
19. Book No. IV.
Copies of all documents registered, under clauses (d) and (f) of section 18 which do not relate to immoveable property shall be pasted in Book No. IV. It is not open to public inspection, nor are its indices and copies of documents pasted it shall be given, on payment of the prescribed fees only to the parties executing or claiming under the documents to which such copies relate, or to the agents or representatives of such persons. The necessary search to locate the documents shall be made, by the Registering Officer in person. The register shall contain the same heading as Book I.
20. Book No. V.
(1) Book V is to be kept only in the office of Registrar, who alone can receive Wills in sealed covers for deposit. It shall contain the following headings:
(1) Serial Number;
(2) Superscription on the sealed cover;
(3) Description on the seal of the cover;
(4) Time of presentation and receipt of the sealed cover, year, month, day and hour;
(5) Name of depositor;
(6) Names of persons testifying to the identity of depositor;
(7) Time of delivery of the sealed cover to applicant for withdrawal year, month, day and hour;
(8) Names of persons testifying to the identity of the applicant and the time, of delivery;
(9) Times of opening the sealed cover
year, month, day, hour.
(2) Columns (1) to (6) shall be filled in when a Will is first deposited under section 43 of the Act. Columns (7) and (8) shall be filled up in the event of the Will being subsequently withdrawn, and column (9) shall be filled up when a Will is opened after the death of the testator, under section 45 or 46 of the Act. All these several entries must be verified by the signature of the Registrar for the time being. When a Will had been removed by order of a court under section 46 (1) of the Act the fact shall be noted in red ink across the entry and the note shall be authenticated by the signature of the Registrar.
For any Registration related query or problem, you may contact us at 8800418408.
1. Short title and commencement.
(1) These Rules may be called the Delhi Registration Rules, 1976.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
In these Rules, unless the context otherwise requires, various definitions, terms, references used herein, shall have the same meaning as assigned to them under the Registration Act, 1908 and all other relevant enactments referred to herein.
Custody and Preservation
3. Responsibility for preservation and safe custody of records.
Registering Officers shall be responsible for the preservation and safe custody of all registration records, which have accumulated in their offices or have been transferred thereto. This responsibility applied not only to the registers and records maintained under the Indian Registration Act, 1908 (XVI of 1908), but also to those under the previous Indian Registration Act, III of 1877, VIII of 1871, and XX of 1866, including those records which were being maintained under local Rules before the extension of the last mentioned Acts, to the Union Territory of Delhi, which was formerly a part of Punjab.
4. Provisions for keeping of documents of permanent value.
The Offices of all Registering Officers shall be supplied with almirahs and steel racks in which Books and all papers and documents connected therewith of permanent value shall be kept and no money or valuables of any kind shall be kept therein.
5. Examination of records.
To prevent injury occurring to the older records by damp, white ants, etc. the almirahs and steel racks shall be thoroughly examined once in six months and all Sub-Registrars shall submit immediately thereafter a certificate to the Registrar and Inspector General of Registration to the effect that records in their charge have been examined. If any injury happens to any of the records, whether by white ants, fire, rain, water or otherwise, or if any of them be lost, an immediate report shall be made to the Registrar and Inspector General of Registration. The Registrar shall record at the same time his opinion as to whether anyone, and if so, who is to be blamed, and also the measures to be taken to repair the injury or loss so far as may be possible and send a report to the Inspector General of Registration.
6. Preservation of Wills and authorities to adopt.
(i) The Registrar shall be supplied either with a fire proof Safe or Almirah. In the Safe or Almirah shall be kept Wills in sealed covers and authorities to adopt, which were deposited under the provisions of various Indian Registration Acts, which were enforced from time to time and may be presented for deposit under the provisions of present Indian Registration Act, 1908. It shall not be used for any other purposes whatsoever. The key of Safe or Almirah shall remain in the personal custody of the Registrar, who alone shall open and close it. The Safe or Almirah shall be placed at such place where it is not possibly effected by dampness and it shall be opened and examined atleast once in three months to ascertain that its contents are in good condition, and that the lock is in order.
(ii) If any Will through age and dampness is subject to decomposition in such a way that it appears likely to become useless, the depositor or his legal representative in case the depositor is dead, shall be called upon to replace it and inform that unless he does so, it will be destroyed when no longer legible. Such destruction shall be carried out in the presence of Registrar, who shall record a note thereof in his own hand writing in the register.
(iii) When several Wills are kept together, arranged one above the other, seals are apt to wear out and the inscription thereon to become effected owning to constant contact, to prevent such damage, these covers shall, before they are deposited in the Safe or Almirah, be placed in other transparent covers with eyeletted flaps and a string should be passed through the eyelets and tied and sealed with the Registrar's private seals. The outer cover shall not be opened unless an occasion arises for the opening of the inner sealed cover for its removal to court.
7. Safe Custody of the records.
All the records of permanent nature in the Registration Offices shall be kept in the safe custody of the Registering Officers in their respective District or at such other place and under the charge of an officer not below the rank of Sub-Registrar, as the Inspector General of Registration, may decide to nominate in this behalf.
8. Catalogue of permanent records.
A catalogue shall be maintained in every Registration Office of a permanent record yearwise in the following proforma :
Book or Index No................
Vol.
Date of commencement
Date of Completion
Date of despatch to Central Record Room
Signature of
Remark
No.
No.
Date
Month
Year
Date
Month
Year
Date
Month
Year
Registering Officer
9. Transfer of records to Central Records Office.
When a Central Record Office has been set up, all the records of permanent nature of Registration Offices of more than three years old or of such period as the Inspector General of Registration, Delhi, may approve, shall be transferred to it at the beginning of each calendar year. One copy of invoice shall, after careful verification, be receipted and returned to the office from which it was received. Despatching official will be responsible to secure packing of records and he shall take every precaution to ensure that no loss or damage is done to the record in transit.
10. Inspection of registers, etc. by applicants under section 57.
Inspection of registration Books and Indexes allowed to applicants under section 57 of the Act shall be made in the presence of some responsible official. Such person shall not carry any pen/ink/ball-point pen nor shall he be allowed to take notes with such material.
11. Production of registers, etc. in Courts.
If the production of a register, book or of any document in the custody of Registration Officer is required by any court, it shall be first entered in the "Movement Register" which shall be maintained in the form (Appendix I) by each Registering Officer in his Sub-District and the same be forwarded to the Court under the charge of a responsible official of the Registration Office.
12. Consecutive numbers to be by the calendar year at the close of year.
The consecutive number of copies of documents in each Book prescribed in section 53 of the Act shall commence and terminate with the calender year and the Registering Officer shall certify after the last copy of each volume, the number of copies pasted in that volume and the number of pages on which they are written; he shall also examine these entries and note in a certificate any errors or defects that he may discover. If no copies have been pasted during the year in any volume, he shall certify to that effect.
13. Book No. I or Additional Book No. I.
Book I or Additional Book I and the Indices relating to it shall be opened to public inspection and copies of the documents entered/pasted in them shall be given to all person on payment of the prescribed fees. In Additional Book shall be pasted all documents registered under sections 17 and 18 of the Act which related to immoveable property and are not Wills.
14. Reference to other documents affecting the same property.
When a document is registered in Book No. I or Additional Book No. 1 affecting some other document previously registered in it, a note referring to the later document shall be made along with the other endorsements provided by the Registration Act.
15. Supplementary Book No. I
(1) Besides the ordinary pasting in Book No. I, the Act requires that the following documents shall be filed in Book No. I or Additional Book No. 1:
(a) Copies of maps and plans (section 61);
(b) Copies of memoranda of documents received from other Registering Officers (section 64).
(2) To prevent injury to the binding and the disturbance of paging which would result if those documents were filed in the bound volumes, a separate file book called "Supplementary Book I" shall be kept in each office and in it the documents above mentioned shall be pasted. It shall contain printed slips paged in consecutive order and having columns headed as follows:
(a) data of receipt of copy of memorandum;
(b) date on which document was executed;
(c) name and addition of executant.
(3) As regards the copies of maps and plans, it will be sufficient to note thereon the registration number and date of registration of the documents to which they appertain, and the volume and page where the entry will be found, but all other copies and memoranda filed in this book shall be numbered consecutively and the necessary particulars shall be given on them in indices Nos. I and II. All documents shall be pasted immediately on receipt, otherwise there is danger of their being lost or injured. All notes recorded on the documents filed in this book shall be signed and dated by the Registering Officer. (In all cases the three printed columns on the paged slips shall be filled up). The certificate at the beginning and end of each volume prescribed in paragraphs 58 and 60 and the annual certificates prescribed in paragraph 61, must be recorded in this book in the same manner as in all the other registers.
16. Filing of translation and maps.
When a document is registered under section 62 of the Act, a note of the Supplementary file book on which the translation and the copy have been filed shall be made. A similar note shall be made when a copy of a map or plan is pasted in Supplementary Book I under section 61.
17. Book II.
(1) Book II is open to public inspection, and copies of documents shall be given to all persons applying for them. In the event of the applicants being persons executing or claiming under the documents, registration of which has been refused, or their representative or agents, the copies shall be given free of charge (for copying) though the copy must be stamped. This Book shall contain the following headings :
(i) Serial Number;
(ii) Date of order of refusal;
(iii) Name of person presenting document;
(iv) Nature and volume of transaction;
(v) Reasons for refusal;
(vi) Remarks.
(2) A brief description of the rejected documents is sufficient.
(3) The record of the reasons for refusal should be sufficiently filled to enable an appellate or inspecting officer to judge their sufficiency, but need not contain a summary of any evidence which the registering officer may have taken, such evidence shall be recorded on separate sheets of papers and filed in the office. When a document, the registration of which was originally refused, is subsequently registered by order of Registrar under sections 72, 73 or 75 of the Act or of a Civil Court under section 77, a note of such order shall be made in column 6 of the register opposite the original record of the refusal.
(4) In his copy of this Book, the Registrar, as required by section 76 of the Act, shall record his reasons not only for refusing to register a document but also for rejecting an appeal from the order of a Sub-Registrar subordinate to him.
18. Book No. III.
Book III is not open to public inspection, nor are its indices, but copies of wills and authorities to adopt pasted in it shall, on payment of the prescribed fees, be given to the persons executing the documents to which such copies relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. The necessary search to locate the document shall be made by the Registering Officer in person. When a Will entered in this Book affects immoveable property situated in District or Districts other than that where the entry has been made, no copy will to be sent to the registering officers of those Districts or Sub-Districts. This register shall contain the same heading as Book I.
19. Book No. IV.
Copies of all documents registered, under clauses (d) and (f) of section 18 which do not relate to immoveable property shall be pasted in Book No. IV. It is not open to public inspection, nor are its indices and copies of documents pasted it shall be given, on payment of the prescribed fees only to the parties executing or claiming under the documents to which such copies relate, or to the agents or representatives of such persons. The necessary search to locate the documents shall be made, by the Registering Officer in person. The register shall contain the same heading as Book I.
20. Book No. V.
(1) Book V is to be kept only in the office of Registrar, who alone can receive Wills in sealed covers for deposit. It shall contain the following headings:
(1) Serial Number;
(2) Superscription on the sealed cover;
(3) Description on the seal of the cover;
(4) Time of presentation and receipt of the sealed cover, year, month, day and hour;
(5) Name of depositor;
(6) Names of persons testifying to the identity of depositor;
(7) Time of delivery of the sealed cover to applicant for withdrawal year, month, day and hour;
(8) Names of persons testifying to the identity of the applicant and the time, of delivery;
(9) Times of opening the sealed cover
year, month, day, hour.
(2) Columns (1) to (6) shall be filled in when a Will is first deposited under section 43 of the Act. Columns (7) and (8) shall be filled up in the event of the Will being subsequently withdrawn, and column (9) shall be filled up when a Will is opened after the death of the testator, under section 45 or 46 of the Act. All these several entries must be verified by the signature of the Registrar for the time being. When a Will had been removed by order of a court under section 46 (1) of the Act the fact shall be noted in red ink across the entry and the note shall be authenticated by the signature of the Registrar.
For any Registration related query or problem, you may contact us at 8800418408.
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Disclaimer: The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. The use of this web site, and the sending or receipt of information does not create an attorney-client relationship. By using this website you agree that there has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us to solicit any work through this website.
Nagar, Enclave, South, Delhi, Colony, Sale Deed, Rent, Lease Agreement, Gift, Vihar, East, Place, West, Advocate, Solicitor, Bagh, Kunj, Lawyer, Park, Road, Garden, Pur, Extension, Ganj, Block, New , Old, Nagar, Colony, Extn.,