THE DELHI REGISTRATION RULES, 1976
PART 2
Indices
21. Indices to be prepared on printed forms.
The current indices required by sections 54 and 55 of the Act to be maintained in every registration office shall be prepared on printed forms.
22. Index No. 1 maintained under section 55.
(1) Index No. I shall contain the following headings:
(1) Name of the person;
(2) Father's name;
(3) Residence;
(4) Profession, trade, caste;
(5) Interest in the transaction, e.g. purchaser, mortgagee, etc;
(6) No. of volume in which document is registered;
(7) Pages of volume in which document is registered;
(8) Reference (i.e. to initial letters of other indices relating to the same transaction).
(2) This index shall contain the names and additions not only of the parties concerned in the documents pasted in Book No. I or Additional Book No. I but also of those concerned in the copies or memoranda of documents received from other registration offices, and filed under sections 64, 65, 66 and 67 of the Act as well as certificates of sale granted by Civil Courts under the Code of Civil Procedure or by Revenue Officer in regard to immoveable property sold by public auction which are filed under section 89 of the Act. In the case of such sale certificates the only names of persons that need be indexed are those of the judgment debtor as vendor and auction purchaser as vendee.
23. Index No. II.
(1) Index No. II shall contain the following headings:
(1) Name of the city, town or village, etc;
(2) Name of the parties;
(a) Alienors;
(b) Alienees;
(3) Khasra No. and area with land revenue if the property has been surveyed;
(4) Nature of the transaction (e.g. sale of land, lease of house, mortgage of land or house) with the amount of consideration;
(5) Number of volume in which document is registered;
(6) Page of volume in which document is registered;
(7) Remarks.
(2) A Sub-Registrar, on registering a document of the nature mentioned in section 64 or 65 of the Act, shall enter in this index particulars of only that portion of the property which is situated in his own Sub-District. A Registrar, on receiving a copy of document under sections 65, 66 or 67 of the Act, shall enter particulars only of the property situated in his own District. A Sub-Registrar, on receiving a memorandum of a document under sections 64, 65, 66, or 67 of the Act, as a copy of an order or certificate under section 89 of the Act shall enter the particulars of the property concerned in this index.
24. Index No. III
Index No. III shall contain the same headings as Index No. I.
25. Index No. IV
Index No. IV shall also contain the headings prescribed for Index No. I.
26. Preparation of Indices.
Index entries shall be made on the same day, if possible on which the document to which they relate is pasted in its proper Book and shall on no account be allowed to fall into arrears. They shall be made alphabetically on loose forms, a separate form being used for each letter of the alphabet.
27. Index sheets to be bound up annually.
At the close of each calendar year, the loose index sheets in every office shall be bound into volumes of convenient size, care being taken that they re arranged in correct alphabetical order, and that the entries which under section 37 of the Act are open to public inspection (Index Nos. I.) and II) are bound separately from those which are not (Index Nos. III and IV).
28. Initial letters.--
The first letter of the person's name and not of his title or caste shall be guide to the letter under which the index entry is to be made. In the case of document in which the Government is concerned, index entry shall be made (amongst others) under the letter "G"/as the initial letter of Government. Entries regarding Companies Banks, etc., shall be made under the initial letter of the first word omitting the Article.
Authentication of Register Books
29. Authentication of entries in Register Books.
Every copy pasted in Book I or Additional Book I, III or IV shall be a carbon copy of the original and shall be carefully compared with it; all interlineations, blanks, erasures or alterations which appear in the original shall be shown in the copy pasted in the Book. The Registering officer shall satisfy himself that this has been done, verifying by his signature or initial. The Registering Officer shall also see that the copy has been pasted in the book to which it belongs, that the number offered to it is that which it ought to bear in order to maintain the consecutive series required by section 53 of the Act and that the book, the volume and the page entered in the certificate of registration are correctly stated. Copies of endorsements shall also be initialled and signed by the Registering Officer. A duplicate copy shall also be signed by the Registering Officer.
30. Hours allotted for registration to be notified.
The registration hours shall be fixed by the Inspector General of Registration. The time so fixed shall be made known to the public and written notice of it shall be exhibited outside the Registration Office. The notice shall state the hours at which documents shall be received and returned daily.
31. Reception of documents for registration.
At the hours appointed in the notice, the Registering Officer shall personally receive all documents for which registration is sought and have them examined in his own presence.
Procedure of Acceptance
32. Payment of fees on acceptance.
When a document is accepted for registration, each party shall be informed of the amount of fees he has to pay and, as soon as such fees are paid, the receipt prescribed in section 52 of the Act shall be given to him. At the same time, he shall be informed at about what hour the document will be returned to him, if it can be returned the same day, the hour in question shall be written on the receipt. If the document cannot be returned the same day, he shall be told on what date and at what time he should appear to claim it, and the date and at what time he should appear to claim it, and the date and time aforesaid shall be endorsed on the receipt. If in payment of the fees any party pays more than the exact amount due, the excess shall be returned to him. The endorsement required by section 52 of the Act shall be recorded and shall be signed by the Registering Officer and the presentor.
33. Enquiry as to execution, identity, etc.
The Registering Officer shall then, with as little delay as possible, enquire whether the document was executed by the alleged executant, and satisfy himself as to the identity of the person appearing before him to admit execution. In cases of alienation, he shall satisfy himself of the identity not only of the alienor; but also of the alienee, if the latter is present. If the presentor is the executant, or his representative, assign or agent is present, the registering officer shall make the necessary enquiry at once. He should also require the presentor if an agent, to produce a power of attorney authenticated in the manner prescribed in section 33 of the Act if a representative or assign to produce evidence of his status.
34. Documents to be scrutinised and explained to executants.
Every deed shall be subject to a thorough scrutiny with a view to ascertain whether it correctly represents the intention of the parties and the Registering Officer shall make sure that the person incurring liability knows the extent to which his rights are affected. Documents executed by persons who are unable to read shall be read out and if necessary explained to them and the Registering Officer shall ascertain that they clearly understand their purport. Documents written in language which the executants do not understand shall in like manner be interpreted and explained.
35. Recording of endorsement under section 58.
If execution by the alleged executant is admitted, and the Registering Officer is satisfied on the point of identity he shall record on the instrument the endorsement required by section 58 of the Act and such endorsement shall be signed by the Registering Officer, the executant and all the witnesses examined; but no such endorsement is necessary on a copy of a decree or order or of a certificate sent under section 89 of the Act.
36. Refusal to register to be made with caution.
Orders refusing to register should be made only after due care and consideration, and if the impediment to registration is a mere informality or defect capable of remedy, opportunity should always be given to the parties to correct the flaw. In such cases registration shall be deferred, and no final order or refusal shall be made until the document concerned becomes time-barred.
37. Denial of receipt of consideration.
If any person admits the execution of a document presented for registration, but denies the receipt in whole or part of the consideration recited therein, registration shall not be refused because of such denial, but a notice of the denial shall be made in the endorsement required by section 58.
38. When registration is admitted qua some, but refused qua other parties.
(1) When under section 35 of the Act, registration is admitted as to some of the parties to a document, but is refused as to the rest, the Registering Officer shall endorse thereon an order in this form "Registration refused as to A.B. and CD." and shall record the reasons for this partial refusal in his Book II, but in all other respects he shall proceed with the registration of document in the ordinary manner.
(2) If a document of which registration was refused qua some of the executants is subsequently registered against them under an order of the Registrar or a decree of a Civil Court it is not necessary to paste the copy in the registration book concerned, but the new endorsement and certificate recorded on the deed shall be made under the certificate previously made in the book.
Procedure on Admission to Registration
39. Pasting of documents into Book.
When a document has been admitted to registration and the necessary endorsements have been recorded, it shall be handed over to the duplicating clerk to copy out the endorsements on the duplicates and the Registering Officer shall see that no unnecessary delays occur, and that the documents are pasted in the books in the order of their admission. Thereafter, the several endorsements made in the office (including the certificate of registration prescribed by section 60 of the Act), the several signatures of the Registering Officer, presentor, executants and witnesses examined shall all be copied on the duplicate at proper places.
40. Certificates of registration.
After the documents have been endorsed by a certificate as required under section 60 of the Act, the same shall be pasted in the proper book. It shall be signed by the Registering Officer and sealed with the seal of his office. This certificate shall contain the serial number of the entry, and the book, volumes and pages, wherein the document has been registered as well as the date of registration, which is the date on which the endorsement under section 60 is made, and not the date on which it was presented for registration. The endorsement shall then be copied into the register as required by section 60 of the Act.
41. Return of registered documents by hand.
The Registering Officer shall retain the registered documents in his possession upto the time appointed for returning them, and shall then cause each to be delivered in the presence of some responsible official of his office to the proper party, the receipt given for it being at the same time taken back. If the party to whom the receipt was granted represents that he has lost or mislaid it; the document may be returned to him on his written acknowledgement of its return. The document shall in no case be returned to anyone but the person who presented it for registration, or to his representative or agent, unless the person claiming to receive it produces the original receipt with a nomination in writing thereon as contemplated in section 61 of the Act.
42. Territorial divisions.
The territorial division to be recognised under section 21 of the Act, will be such as may be prescribed from time to time.
Fines
43. Fines for delay in presenting or in appearance.
(1) Fines for delay in presenting documents for registration shall be levied under section 25 of the Act, according to the following scale. No registration fee shall be levied in the addition to these fines.
Where the delay has not been more than one month - an amount equal to twice the prescribed registration fee;
Where the delay has been more than one month, but not more than three - an amount equal to three times the prescribed registration fee;
Where the delay has been more than two months, but not more than three - an amount equal to six times the prescribed registration fee;
where the delay has been more than three months - an amount equal of ten times the prescribed registration fee.
(2) Additional fines for delay in appearance shall be levied, under the proviso to section 34 of the Act, according to the same scale:
Provided that when the delay in presentation or when the delay in appearance has been occasioned by the necessity of obtaining any order of Deputy Commissioner under the Delhi Lands (Restriction on Transfer) Act, 1972 and has not been due to any default on the part of persons desiring registration, the fine levied under section 24, or the additional fine levied under section 34 of the Act, shall be an amount only nominally in excess of the prescribed registration fee.
(3) When a document has been executed by more than one person and such persons appear before the registering officer on different dates the amount of fine recovered under section 34 of the Act shall be according to the delay in the appearance of the executant who appears last and only one fine shall be recovered in such a case.
44. Remission of fines.
Applications to the Inspector General of Registration for remission in whole or in part, under section 70 of the Act, of any fine levied in accordance with foregoing rules, shall be in writing and shall be forwarded by the Registrar of the District; who shall record his opinion thereon. No such application will be received or forwarded unless the document has been registered, and the fine or fines paid.
45. Oath to be administered cautiously.
The discretion vested in Registering Officers by section 63 of the Act, shall be used with reserve and oaths shall be administered only in exceptional cases. For the purposes of this section an oath includes an affirmation under section 6 of the Indian Oaths Act, 1873.
46. Statement on oath how to be recorded.
Statement made on oath under section 63 of the Act, shall not be recorded on the documents to which they relate, but on separate sheets of paper, which shall be filed in the office. A note, however, to the effect that recorded evidence has been taken, shall in such cases be endorsed on the document, and entered in the book in which it is registered in the column provided for copies of endorsements.
47. Repeals and Savings.
The rules framed by Inspector General of Registration, Punjab, as contained in the Punjab Registration Manual, 1929, in their application to the Union Territory of Delhi are hereby repealed. But any action taken under these rules or any proceedings in progress thereunder shall be deemed to have been taken under these rules.
For any Registration related query or problem, you may contact us at 8800418408.
Indices
21. Indices to be prepared on printed forms.
The current indices required by sections 54 and 55 of the Act to be maintained in every registration office shall be prepared on printed forms.
22. Index No. 1 maintained under section 55.
(1) Index No. I shall contain the following headings:
(1) Name of the person;
(2) Father's name;
(3) Residence;
(4) Profession, trade, caste;
(5) Interest in the transaction, e.g. purchaser, mortgagee, etc;
(6) No. of volume in which document is registered;
(7) Pages of volume in which document is registered;
(8) Reference (i.e. to initial letters of other indices relating to the same transaction).
(2) This index shall contain the names and additions not only of the parties concerned in the documents pasted in Book No. I or Additional Book No. I but also of those concerned in the copies or memoranda of documents received from other registration offices, and filed under sections 64, 65, 66 and 67 of the Act as well as certificates of sale granted by Civil Courts under the Code of Civil Procedure or by Revenue Officer in regard to immoveable property sold by public auction which are filed under section 89 of the Act. In the case of such sale certificates the only names of persons that need be indexed are those of the judgment debtor as vendor and auction purchaser as vendee.
23. Index No. II.
(1) Index No. II shall contain the following headings:
(1) Name of the city, town or village, etc;
(2) Name of the parties;
(a) Alienors;
(b) Alienees;
(3) Khasra No. and area with land revenue if the property has been surveyed;
(4) Nature of the transaction (e.g. sale of land, lease of house, mortgage of land or house) with the amount of consideration;
(5) Number of volume in which document is registered;
(6) Page of volume in which document is registered;
(7) Remarks.
(2) A Sub-Registrar, on registering a document of the nature mentioned in section 64 or 65 of the Act, shall enter in this index particulars of only that portion of the property which is situated in his own Sub-District. A Registrar, on receiving a copy of document under sections 65, 66 or 67 of the Act, shall enter particulars only of the property situated in his own District. A Sub-Registrar, on receiving a memorandum of a document under sections 64, 65, 66, or 67 of the Act, as a copy of an order or certificate under section 89 of the Act shall enter the particulars of the property concerned in this index.
24. Index No. III
Index No. III shall contain the same headings as Index No. I.
25. Index No. IV
Index No. IV shall also contain the headings prescribed for Index No. I.
26. Preparation of Indices.
Index entries shall be made on the same day, if possible on which the document to which they relate is pasted in its proper Book and shall on no account be allowed to fall into arrears. They shall be made alphabetically on loose forms, a separate form being used for each letter of the alphabet.
27. Index sheets to be bound up annually.
At the close of each calendar year, the loose index sheets in every office shall be bound into volumes of convenient size, care being taken that they re arranged in correct alphabetical order, and that the entries which under section 37 of the Act are open to public inspection (Index Nos. I.) and II) are bound separately from those which are not (Index Nos. III and IV).
28. Initial letters.--
The first letter of the person's name and not of his title or caste shall be guide to the letter under which the index entry is to be made. In the case of document in which the Government is concerned, index entry shall be made (amongst others) under the letter "G"/as the initial letter of Government. Entries regarding Companies Banks, etc., shall be made under the initial letter of the first word omitting the Article.
Authentication of Register Books
29. Authentication of entries in Register Books.
Every copy pasted in Book I or Additional Book I, III or IV shall be a carbon copy of the original and shall be carefully compared with it; all interlineations, blanks, erasures or alterations which appear in the original shall be shown in the copy pasted in the Book. The Registering officer shall satisfy himself that this has been done, verifying by his signature or initial. The Registering Officer shall also see that the copy has been pasted in the book to which it belongs, that the number offered to it is that which it ought to bear in order to maintain the consecutive series required by section 53 of the Act and that the book, the volume and the page entered in the certificate of registration are correctly stated. Copies of endorsements shall also be initialled and signed by the Registering Officer. A duplicate copy shall also be signed by the Registering Officer.
30. Hours allotted for registration to be notified.
The registration hours shall be fixed by the Inspector General of Registration. The time so fixed shall be made known to the public and written notice of it shall be exhibited outside the Registration Office. The notice shall state the hours at which documents shall be received and returned daily.
31. Reception of documents for registration.
At the hours appointed in the notice, the Registering Officer shall personally receive all documents for which registration is sought and have them examined in his own presence.
Procedure of Acceptance
32. Payment of fees on acceptance.
When a document is accepted for registration, each party shall be informed of the amount of fees he has to pay and, as soon as such fees are paid, the receipt prescribed in section 52 of the Act shall be given to him. At the same time, he shall be informed at about what hour the document will be returned to him, if it can be returned the same day, the hour in question shall be written on the receipt. If the document cannot be returned the same day, he shall be told on what date and at what time he should appear to claim it, and the date and at what time he should appear to claim it, and the date and time aforesaid shall be endorsed on the receipt. If in payment of the fees any party pays more than the exact amount due, the excess shall be returned to him. The endorsement required by section 52 of the Act shall be recorded and shall be signed by the Registering Officer and the presentor.
33. Enquiry as to execution, identity, etc.
The Registering Officer shall then, with as little delay as possible, enquire whether the document was executed by the alleged executant, and satisfy himself as to the identity of the person appearing before him to admit execution. In cases of alienation, he shall satisfy himself of the identity not only of the alienor; but also of the alienee, if the latter is present. If the presentor is the executant, or his representative, assign or agent is present, the registering officer shall make the necessary enquiry at once. He should also require the presentor if an agent, to produce a power of attorney authenticated in the manner prescribed in section 33 of the Act if a representative or assign to produce evidence of his status.
34. Documents to be scrutinised and explained to executants.
Every deed shall be subject to a thorough scrutiny with a view to ascertain whether it correctly represents the intention of the parties and the Registering Officer shall make sure that the person incurring liability knows the extent to which his rights are affected. Documents executed by persons who are unable to read shall be read out and if necessary explained to them and the Registering Officer shall ascertain that they clearly understand their purport. Documents written in language which the executants do not understand shall in like manner be interpreted and explained.
35. Recording of endorsement under section 58.
If execution by the alleged executant is admitted, and the Registering Officer is satisfied on the point of identity he shall record on the instrument the endorsement required by section 58 of the Act and such endorsement shall be signed by the Registering Officer, the executant and all the witnesses examined; but no such endorsement is necessary on a copy of a decree or order or of a certificate sent under section 89 of the Act.
36. Refusal to register to be made with caution.
Orders refusing to register should be made only after due care and consideration, and if the impediment to registration is a mere informality or defect capable of remedy, opportunity should always be given to the parties to correct the flaw. In such cases registration shall be deferred, and no final order or refusal shall be made until the document concerned becomes time-barred.
37. Denial of receipt of consideration.
If any person admits the execution of a document presented for registration, but denies the receipt in whole or part of the consideration recited therein, registration shall not be refused because of such denial, but a notice of the denial shall be made in the endorsement required by section 58.
38. When registration is admitted qua some, but refused qua other parties.
(1) When under section 35 of the Act, registration is admitted as to some of the parties to a document, but is refused as to the rest, the Registering Officer shall endorse thereon an order in this form "Registration refused as to A.B. and CD." and shall record the reasons for this partial refusal in his Book II, but in all other respects he shall proceed with the registration of document in the ordinary manner.
(2) If a document of which registration was refused qua some of the executants is subsequently registered against them under an order of the Registrar or a decree of a Civil Court it is not necessary to paste the copy in the registration book concerned, but the new endorsement and certificate recorded on the deed shall be made under the certificate previously made in the book.
Procedure on Admission to Registration
39. Pasting of documents into Book.
When a document has been admitted to registration and the necessary endorsements have been recorded, it shall be handed over to the duplicating clerk to copy out the endorsements on the duplicates and the Registering Officer shall see that no unnecessary delays occur, and that the documents are pasted in the books in the order of their admission. Thereafter, the several endorsements made in the office (including the certificate of registration prescribed by section 60 of the Act), the several signatures of the Registering Officer, presentor, executants and witnesses examined shall all be copied on the duplicate at proper places.
40. Certificates of registration.
After the documents have been endorsed by a certificate as required under section 60 of the Act, the same shall be pasted in the proper book. It shall be signed by the Registering Officer and sealed with the seal of his office. This certificate shall contain the serial number of the entry, and the book, volumes and pages, wherein the document has been registered as well as the date of registration, which is the date on which the endorsement under section 60 is made, and not the date on which it was presented for registration. The endorsement shall then be copied into the register as required by section 60 of the Act.
41. Return of registered documents by hand.
The Registering Officer shall retain the registered documents in his possession upto the time appointed for returning them, and shall then cause each to be delivered in the presence of some responsible official of his office to the proper party, the receipt given for it being at the same time taken back. If the party to whom the receipt was granted represents that he has lost or mislaid it; the document may be returned to him on his written acknowledgement of its return. The document shall in no case be returned to anyone but the person who presented it for registration, or to his representative or agent, unless the person claiming to receive it produces the original receipt with a nomination in writing thereon as contemplated in section 61 of the Act.
42. Territorial divisions.
The territorial division to be recognised under section 21 of the Act, will be such as may be prescribed from time to time.
Fines
43. Fines for delay in presenting or in appearance.
(1) Fines for delay in presenting documents for registration shall be levied under section 25 of the Act, according to the following scale. No registration fee shall be levied in the addition to these fines.
Where the delay has not been more than one month - an amount equal to twice the prescribed registration fee;
Where the delay has been more than one month, but not more than three - an amount equal to three times the prescribed registration fee;
Where the delay has been more than two months, but not more than three - an amount equal to six times the prescribed registration fee;
where the delay has been more than three months - an amount equal of ten times the prescribed registration fee.
(2) Additional fines for delay in appearance shall be levied, under the proviso to section 34 of the Act, according to the same scale:
Provided that when the delay in presentation or when the delay in appearance has been occasioned by the necessity of obtaining any order of Deputy Commissioner under the Delhi Lands (Restriction on Transfer) Act, 1972 and has not been due to any default on the part of persons desiring registration, the fine levied under section 24, or the additional fine levied under section 34 of the Act, shall be an amount only nominally in excess of the prescribed registration fee.
(3) When a document has been executed by more than one person and such persons appear before the registering officer on different dates the amount of fine recovered under section 34 of the Act shall be according to the delay in the appearance of the executant who appears last and only one fine shall be recovered in such a case.
44. Remission of fines.
Applications to the Inspector General of Registration for remission in whole or in part, under section 70 of the Act, of any fine levied in accordance with foregoing rules, shall be in writing and shall be forwarded by the Registrar of the District; who shall record his opinion thereon. No such application will be received or forwarded unless the document has been registered, and the fine or fines paid.
45. Oath to be administered cautiously.
The discretion vested in Registering Officers by section 63 of the Act, shall be used with reserve and oaths shall be administered only in exceptional cases. For the purposes of this section an oath includes an affirmation under section 6 of the Indian Oaths Act, 1873.
46. Statement on oath how to be recorded.
Statement made on oath under section 63 of the Act, shall not be recorded on the documents to which they relate, but on separate sheets of paper, which shall be filed in the office. A note, however, to the effect that recorded evidence has been taken, shall in such cases be endorsed on the document, and entered in the book in which it is registered in the column provided for copies of endorsements.
47. Repeals and Savings.
The rules framed by Inspector General of Registration, Punjab, as contained in the Punjab Registration Manual, 1929, in their application to the Union Territory of Delhi are hereby repealed. But any action taken under these rules or any proceedings in progress thereunder shall be deemed to have been taken under these rules.
For any Registration related query or problem, you may contact us at 8800418408.
How to
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.,
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.,