The Maharashtra Registration Rules, 1961
(As modified upto 26th July 1989)
——-
THE MAHARASHTRA REGISTRATION RULES, 1961
G.N., R.D., No. RGN. 1157-II-N, dated 17th October 1961
[M.G., Pt. IV-A, p.778]
Amended by G.N.,R.D., No. RGN.1157-II-N, dated 12th September 1962 (M.G., Pt.IV-B, p.2759).
Amended by G.N.,R.D., No. RGN.1562/62505-N, dated 26th September 1962 (M.G., Pt.IV-A, p.809).
Amended by G.N.,R.D., No. RGN.1562/119383-N, dated 2th September 1963 (M.G., Pt.IV-A, p.942).
Amended by G.N.,R.& F.D., No. RGN.1563/80752-N, dated 4th November 1965 (M.G., Pt.IV-A, p.1068).
Amended by G.N.,R.& F.D., No. RGN.1167/49386-N, dated 10th July 1968 (M.G., Pt.IV-A, p.304).
Amended by G.N.,R.& F.D., No. RGN.1269/308036-N, dated 19th September 1969 (M.G., Pt.IV-A, p.1018).
Amended by G.N.,R.& F.D., No. RGN.1670/256055-N, dated 28th July 1971(M.G., Pt.IV-A, p.529).
Amended by G.N.,R.& F.D., No. RGN.1076/161723-N, dated 4thNovember 1980.
Amended by G.N.,R.& F.D., No. RGN.1080/CR-319/M-1 dated 4th July 1983 .
Amended by G.N.,R.& F.D., No. RGN.1088/CR-649/M-1, dated 26th July 1989 .
| 1. The Central Provinces and Berar Registration Rules, 1939. 2. The Bombay Registration Rules, 1946. 3. The Hyderabad Registration Rules, 1956. | The following rules made by the Inspector-General of Registration for the State of Maharashtra in exercise of the powers conferred by section 69 of the Indian Registration Act, 1908 (XVI of 1908), in its application to the State of Maharashtra and of all other powers enabling him in this behalf and in supersession of the Rules mentioned in the margin, having been approved by the Government of Maharashtra, are hereby published for general information, namely:- |
———–
I PRELIMINARY
Rule 1. Short title,-
(1) These rules may be called the Maharashtra Registration Rules, 1961.
(2) They shall come into force on the first day of January 1962.
Rule 2. In these Rules, unless the context otherwise requires,-
(1) “Act” means the 1[****] Registration Act, 1908;
(2) “Form” means a Form appended to these rules;
2[(2A) “Headquarters Sub-Registrar” means a Sub-Registrar designated as such by the appointing authority and posted at the headquarters of a registration district;]
(3) “Index” means an index mentioned in section 55;
(4) “Inspector” means an Inspector of Registration Offices appointed under section 8;
(5) “register books” means the books kept under section 51 and includes additional register books opened under rule 9 and supplement to register, book No.1, opened under rule 10;
3[(5A) “registration office” means the office of a Registrar or of a Sub-Registrar;]
(6) “Schedule” means a Schedule appended to these rules;
(7) “Section” means a section of the Act;
4[(8) “Sub-Registrar” includes a Joint Sub-Registrar and a Headquarters Sub-Registrar.]
————–
II CERTAIN SUB-REGISTRARS TO HOLD OFFICE AT OUT-STATIONS
Rule 3. Sub-Registrar’s visits to out-stations,-
The Sub-Registrar of such sub-districts as may be specified by the Inspector-General of Registration by notification in the Official Gazette shall hold their offices at such out-stations and during such periods as may be specified in such notification:
Provided that the Inspector-General of Registration may, for special reasons to be recorded in writing, order that any of such Sub-Registrar shall hold his office at the headquarters instead of at the out-station during the whole or any part of the period specified in the said notification:
Provided further that the Inspector-General of Registration may, by notification in the Official Gazette, direct that in lieu of any of such Sub-Registrars, the Joint Sub-Registrar of the same sub-district shall hold his office at the out-station and during the period specified in the notification issued under the foregoing provision of this rule.
III LANGUAGE RECOGNISED
5[Rule 4. Languages in use in districts,-
Languages deemed to be commonly used in each of the following districts shall be as specified below, namely:-
(a) in the districts of Bombay and Bombay Suburban- Marathi, Hindi (written in the Devnagari script), Gujarati and English;
(b) elsewhere in the State- Marathi, Hindi (written in Devnagari script) and English.]
IV. TERRITORIAL DIVISIONS
Rule 5. Territorial divisions for purposes of section 21,-
The territorial divisions recognised for the purposes of sub-section (3) of section 21, shall be.—
(a) within the limits of the ordinary original civil jurisdiction of the High Court of Jurisdiction at Bombay, the district and Sub-district of Bombay, and
(b) elsewhere, the district, sub-district, the taluka, and village or township wherein the immovable property affected by the document is situated.
V. OFFICE HOURS
6[Rule 6. Office hours of registration offices.-
Registration offices shall be kept open daily (Sunday, second and fourth Saturday of every month and holidays excepted) as follows:-
(a) in the districts of Bombay and Bombay Suburban-on all week days from 10-00 a.m. to 5-00 p.m. with half an hour recess between 1-00 p.m. and 1-30 p.m.
(b) Elsewhere in the State on week-days, between such hours of the day not less than seven hours as the Registrar may fix, and where no such hours are fixed from 10-30 a.m. to 5-30 p.m.]6 with half an hour recess between 2-30 to 3-00 p.m.
VI. HOLIDAYS
Rule 7. holidays,-
The holidays to be observed in registration offices shall be the days notified by the Government under section 25 of the Negotiable Instruments Act, 1881, as public holidays and such other holidays as are sanctioned for the revenue offices of the district in which the registration office is situated.
VII. BOOKS AND FORMS
Rule 8. Forms of register books,-
The register books numbers 1 to 5 required to be kept under section 50 shall be in Forms A, B, C, D and E, respectively.
Rule 9. 7[Opening of additional register books in certain cases,-]
(1) Special volumes of register books numbers 1, 3 and 4 (in the rules referred to as the “additional register books”) may be opened in any registration office, where documents prepared on printed or lithographed forms are presented for registration by the parties or are drawn up in the office] or where by a notification in the Official Gazette, the Inspector-General of Registration may permit the presentation of typed documents with spare typed or first carbon copies or 8[Photostat or Xerox copes] thereof for registration by the parties]. The additional register books shall be in the form of file books with numbered butts and shall be in the following forms, namely:-
| Column 1 | ||
| (space of binding) | “Serial No. of document” (with notes of erasures, interlineations, blanks or alterations under rule 53.) | (space for pasting printed form). |
9[(2) The copy of each document prepared on printed or lithographed form with endorsements thereon in the original shall be made by filling in blanks in the spare copy of the form of such document supplied by the parties or by the Department and by copying the endorsements on the spare copy or on a separate sheet of paper, when necessary. Each sheet of such copy or, where typed documents with spare typed or first carbon copies or 10[Photostat or Xerox copies] thereof are presented for registration, each sheet of such spare typed or first carbon copy or 10[Photostat or Xerox copies] with endorsement of the registering officer and the stamp vendor on the original document copied thereon or on a separate sheet of paper when necessary shall then be pasted on a separate numbered butt in the appropriate additional register book and the registering officer shall write his signature and the date, and shall affix the seal of the office, so that both signature and seal may be partly on each butt so used and partly on the sheet pasted thereon.
(3) All documents entered in the additional register books shall be numbered in separate series as that of the documents copied in the ordinary volumes of the register books.
(4) The procedure for presentation of typed documents with spare typed or first carbon copies 10[Photostat or Xerox copies] thereof shall be notified by the Inspector-General of Registration in the Official Gazette, and if in any case, such procedure is not followed by the party presenting the documents, the documents shall not be registered in the additional register books under this rule.]
Rule 10. Supplement to register book No. 1 and file of copies and translations,-
(1) Supplement to register book No. 1 shall be kept as follows:-
Part I— (for the purposes of sections 64, 65, 66 and 67);
Part II— (for copies of maps or plans mentioned in section 21);
Part III— (for copies of certificates of sale of immoveable properties granted by Civil Courts, revenue officers and such other officers as may be specified in this behalf by the Inspector-General of Registration from time to time);
Part IV— (for statement regarding land acquired under the Land Acquisition Act, 1894,11[*****] received from the Collector);
Part V— 12(for copies of instruments received under section 122 of the Maharashtra Co-operative Societies Act, 1960)];
Part VI— (for memoranda received under sections 18 and 28-A of the Bombay Public Trust Act, 1950;
13[Part VII— Copies of instruments received under section 58 of the Maharashtra Provision of Facilities for Agricultural Credit by Banks Act, 1974.
(2) A separate file shall be kept for filing copies and translations of documents presented under sections 19 and 62. The copies and translations filed in this file shall be connected by cross reference with the entries in the register books.
Rule 11. File of copies of Tagavi Bonds,-
A separate file styled “File of copies of Tagavi bonds” shall be opened for filing copies received under sub-section (1) or (3) of section 89.
Rule 12. Minute Book and its use,-
Every registering officer shall keep a Minute Book in Form F, and shall enter therein in his own hand, a short note of every case of suspension or deviation from ordinary procedure of acceptance for, and admission to, registration and shall also record therein notes of such other proceedings of cases as may, from time to time, be specified by the Inspector-General of Registration. Every such note shall be signed and dated by the registering officer:
Provided that in the district of Bombay the Sub-Registrar and elsewhere the Registrar may delegate the duty of writing such note to a Head Clerk or Head Quarter Sub-Registrar respectively but the Sub-Registrar and the Registrar shall sign below the note. Such note shall be necessary.
(a) when a Registrar or Sub-Registrar impounds a document for insufficiency of stamp duty;
(b) when a Sub-Registrar postpones registration pending receipt of sanction to the levy of fine;
(c) when a Sub-Registrar refuses registration;
(d) when a document is received out of office hours or at another place;
(e) when a summons is issued for enforcing the attendance of the executant or other witnesses;
(f) When a document is withdrawn;
(g) when a document is returned for removal of ordinary impediments.
Rule 13. Day Book,-
Every registering officer shall keep a Day Book in Form G.
Rule 14. Cash Book,-
In every registration office there shall be kept a Cash Book in Form H. All fees received in respect of registration, grant of copies and authentication (or attestation) of powers-of-attorneys and all other fees, fines and moneys recovered by the registering officer shall be brought to account in the Cash Book every day and the registering officer shall sign the same in token of the correctness of the day’s total.
Rule 15. Register of powers of attorneys,-
Every registering officer shall keep a register of the powers-of-attorneys authenticated by him under section 33 in Form I. The entries in this register shall be made for each calendar year.
Rule 16. Forms of memoranda under sections 64 to 67,-
The memoranda of documents required to be made under sections 64, 65, 66 and 67 shall be in Form J.
Rule 17. Manner of certifying and verifying pages of new register books and the simultaneous use thereof,-
(1) Every officer shall certify under his signature 9[on the back side of the title page] of every register book issued by him, the number of pages actually contained in such book as required by sub-section (2) of section 16 and shall also note the date of issue thereon.
(2) Every registering officer on receiving a new register book shall count its pages and satisfy himself that their number tallies with that given in the certificate 9[on the back side of the title page]. If it so tallies, the registering officer shall certify to that effect 9[on the back side of the title page] and note thereon the date of the certificate. If the number does not so tally, he shall return the register book to the issuing officer for rectifying the error. The registering officer shall note on every register book received by him the date of its receipt by him under his signature, and shall take out the books for use in order of their receipt:
Provided that when the volume of copying work is great, two or more volumes of register books No. 1, 3 and 4 may be used simultaneously. In such case, the use of the register books shall be regulated according to the regulations made by the Inspector-General of Registration in this behalf.
(3) When a book is written up or completed, the registering officer shall examine it and certify at the end of the book that the paging is correct according to the certificate 9[on the back side of the title page]. If any discrepancy in the paging is found, he shall at once report it to the Registrar.
Rule 18. Numbering of volumes of register books,-
The volumes of each register book shall be numbered in a consecutive series which shall not terminate with the year, but be carried on perpetually; and it shall not be necessary to commence a fresh volume of a register book at the beginning of a year.
VIII. SAFE CUTODY OF BOOKS, PAPERS AND DOCUMENTS
Rule 19. Manner of keeping of register books and records when not in use,-
The office of every Registrar and Sub-Registrar shall be provided with shelves, presses or almirahs, sufficiently large to contain the register books and other records. All register books and other records and all papers and documents in the custody of a registering officer other than documents kept by a Registrar in a fire-proof box shall, when not required during office hours, be kept in such shelves, presses or almirahs, as the case may be.
Rule 20. Transfer of completed records to central office-record in charge of Head-quarters Sub-Registrar,-
(1) Every office of the Registrar shall function as the central office of record for the district and the record therein shall be in charge of the 14[Headquarters Sub-Registrar]:
Provided that whenever a record room is not provided in the office of any Registrar for keeping records of the district, such office shall function as a central office of record only after a record room is provided therein for keeping such records.
(2) The complete volumes of the undermentioned books dating back over five years and belonging to the office of a Sub-Registrar situated outside the district of Bombay shall, at the commencement of each calendar year, be transferred to the central office of record:-
Register books Nos. 1,2, 3 and 4
Additional Register books Nos. 1, 2 and 4.
Supplements to register books Nos. 1 (Parts I, II, (III, IV and V) VI, VII
Thumb Print Registers.
Files kept under sub-rule (2) of rule 10.
(3) Completed Minute Books, Cash Books and Day Books and the files of copies of Tagavi bonds shall be retained by Sub-Registrars in their own offices until they are destroyed in accordance with the rules for the destruction of such records made by Government.
(4) The indexes made in the office of each Sub-Register shall be bound and retained in that office and shall be transferred to the central office of record when the register books are transferred to it under sub-rule (2). Such indexes shall be kept separate from the indexes made in the office of the Registrar.
(5) In the District of Bombay and in any other district in which the office of the Registrar has not commenced to function as the central office of record, all the books and other records referred to in sub-rules (2), (3) and (4) shall be kept by the Sub-Registrar in his own record room.
(6) This rule shall not apply to the districts or sub-districts specified in a notification issued under sub-section (1) of section 70-C.
IX. RE-COPYING OF REGISTER BOOKS
Rule 21. Manner of recopying register books or portions thereof,-
(1) A Register may, on the report of an Inspector made to him under sub-rule (2) of rule 76 or after personal inspection, by a written order direct under sub-section (5) of section 51, that any particular register book or portion thereof which is in danger of being destroyed or becoming wholly or partially illegible shall be re-copied by hand or by photography as he may deem fit:
Provided that where only a portion of an entry is in danger of being destroyed or becoming illegible, the Registrar shall direct that the whole entry including the true-copy certificate shall be re-copied.
(2) Every entry which is directed to be re-copied shall be re-copied in the new register book in its entirety along with the true-copy certificate, and each entry so re-copied shall be carefully compared with the entry in the original register book. The registering officer shall then certify under his signature in the manner laid down in rule 55 that it is a true-copy. A note of the Registrar’s order directing the re-copying of the entry shall be made below the true-copy certificate so re-copied.
(3) A note shall be made in the old register book below each original entry which has been re-copied showing the number of the new register book and the number of the page of such book in which the entry has been re-copied.
(4) When an entire register book is re-copied, the new register book shall bear the same number as the old one. After the entries in the new register book have been compared with the entries in the old register book and the new register book certified by the registering officer as aforesaid, the old register book shall be destroyed and a note about its destruction shall be made in the catalogue of records. Such note shall also show the number of the new register book in which the entries from the old register book have been re-copied.
(5) Where only a portion of a register book is to be re-copied, the new register book in which that portion is re-copied shall bear a fresh serial number such as 1-A, 2A, 3A, 4A or 5-A as the case may be.
Rule 22. Register of partially re-copied register books,-
A register containing the full particulars of the partially re-copied register books shall be maintained in Form K. Such register shall be preserved permanently.
Rule 23. Signing and dating of notes,-
All notes made under the rules contained in this Part shall be signed and dated by the registering officer.
Rule 24. Repairing of damaged register books by use of butter paper,-
If in the opinion of a Registrar any register book, which is wholly or partially damaged but the writing on which is clear and legible and which is less than 60 but more than 40 years old can be repaired by using butter paper, he may by an order in writing direct that such book or such portion thereof as he thinks fit shall be so repaired instead of being re-copied as provided in rule 21.
X. FINES UNDER SECTIONS 25 AND 34
Rule 25. Procedure to be followed by Sub-Registrar on receipt of an application under section 25 or 34,-
When an application for a direction under sub-section (1) of section 25 or under the provision to sub-section (1) of section 34 is lodged with a Sub-Registrar, the Sub-Registrar shall, on payment being made to him of the maximum amount of fine imposable by the Registrar under rule 27, at once proceed with the enquiry prescribed in sub-section (3) of section 34 and shall endorse on the document the particulars prescribed in section 58 in the manner shown in Form L, but the certificate under section 60 shall not be endorsed until the Registrar’s direction under sub-section (1) of section 25 or the proviso to sub-section (1) of section 34 is communicated to the Sub-Registrar:
Provided that nothing in this rule shall be deemed to affect the power of a Registrar to refuse such application.
Rule 26. Refund of fine,-
Where the application for a direction lodged with the Sub-Registrar under sub-section (1) of section 25 or under the proviso to sub-section (1) of section 34 is refused by the Registrar, the whole amount of fine paid by the applicant under rule 25 and where the amount of fine imposed by the Registrar is less than the amount of fine paid by the applicant under rule 25, the excess amount of fine, shall be refunded to the applicant:
Provided that when a direction is made under section 25 but the Registrar refuses to direct registration under the proviso to sub-section (1) of section 34, the fine imposed under section 25 shall not be refunded.
Rule 27. Scale of fines under section 25 or 34,-
The scale of fines to be imposed under section 25 or 34, shall be as follows, namely:-
(1) if the delay does not exceed one month—not exceeding 21/2 times the proper registration fee;
(2) if the delay exceeds one month but does not exceed two months— not exceeding five times the proper registration fee;
(3) if the delay exceeds two months but does not exceed three months— not exceeding 71/2 times the proper registration fee;
(4) if the delay exceeds three months but does not exceed four months— not exceeding ten times the proper registration fee.
Note:- This rule does not affect the Registrar’s discretion to impose a smaller fine than the above maximum, under section 25 and 34, in suitable cases.
XI. INDEXES
Rule 28. Language in which index to be prepared,-
Indexes shall be prepared in Marathi.
Rule 29. Forms of indexes under section 55,-
Indexes Nos. I, II, III and IV required to be made under section 55 shall be made in Forms M,N, O and P respectively and indexes Nos. I-A and II-A shall be made in Forms M and N respectively:
Provided that indexes No. II and II-A in respect of properties in city surveyed areas shall also be kept in Form N (Part II).
Rule 30. Manner of preparing indexes,-
In preparing the indexes, the transliteration table in the Schedule shall be followed. European or American names shall be indexed alphabetically under the initial letter of the surname. Indian names (or foreign names where no fixed surname is used) shall be indexed under the initial letter of the personal name. All prefixes and affixes denoting rank, occupation or caste shall be put into brackets and shall not be taken into consideration for the purpose of preparing indexes in alphabetical order. In the case of an Indian Christian, who has no family name, and who adds his father’s name or the name of his village to his own, the names shall be indexed in the same manner as an ordinary Indian name.
Rule 31. Manner of indexing documents,-
15[(1) All documents executed by or on behalf of Government shall be indexed under “Shasan” in “Marathi”.]
(2) A document executed under the authority or a power-of-attorney shall be indexed in the names of the principal and attorney both. A document executed by a guardian on behalf of a minor shall be indexed in the names of the minor and guardian both. A document executed by or on behalf of a Company or Corporation shall be indexed in the name of the Company or Corporation, as the case may be.
(3) in the case of certificate of sale, index No. I shall be prepared in the name of judgement debtor.
Rule 32. Manner of indexing entries of memoranda or copies filed under sections 64 to 67 and 89(2), (4), (5) and (6),-
The index entries of memoranda or copies filed under sections 64, 65, 66, 67 and sub-sections (2), (4), (5) and (6) of section 89, and statements of lands acquired under the Land Acquisition Act, 1894, shall be made in the same indexes and in the same manner as entries concerning documents entered or filed in register book No. I
Rule 33. Date of registration to be entered in indexes,-
In entering the date of registration in any of the indexes, the date entered on the certificate of registration under section 60 shall be taken to be the date of registration:
Provided that in the case of documents filed in Part I or III or IV 16[or V] of the supplement to register book No. I or of copies filed under sub-section (1) or (3) of section 89, the date of their filing shall be taken to be the date of registration.
Rule 34. Manner of preparing different indexes,-
(1) When there are several executants of a deed, a separate entry shall be made under the name of each of them in proper alphabetical order in column I of indexes Nos. I and I-A.
(2) Indexes Nos. II and II-A shall be prepared village-wise, one or more separate sheets being assigned to every village. In the case of such towns as the Registrar may in his discretion declare to be large town, separate sheets shall be used for each municipal division, ward, quarter or street.
(3) In the case of city surveyed area, an additional index No. II shall be prepared in the special card form, namely, Part II of Form N, a separate card being used for each city surveyed property.
Rule 35. Binding of Index No. III,-
In the office of every Registrar and Sub-Registrar, index No. III shall be bound into a separate volume either year by year or, if more convenient, over a number of years together.
Rule 36. Manner of filling in columns 5, 6 and 8 of Index No. III,-
Columns 5, 6 and 8 of index No. III in Form O shall not be filled in until it has been ascertained beyond dispute that the testator or donor, to whose will or authority to adopt the index entry relates, is dead. If the fact of such death is not ascertained till after the index in which the entry was made has been sent by the Sub-Registrar to the Registrar, the Sub-Registrar shall immediately forward to the Registrar, a statement of the particulars to be inserted in the said column, and the Registrar shall thereupon cause the said particulars to be duly entered in the index so sent to him for filing in his office.
Rule 37. Manner of preparing index of register book No. 2,-
At the end of every year an alphabetical index in Form Q shall be prepared at the end of register book No. 2 of all the entries in such book.
XII. PROCEDURE OF REGISTRATION
Rule 38. Hours of accepting documents ordinarily and in case of emergency,-
(1) No document shall be accepted for registration at any registration office unless it is presented during office hours on a working day and at least one hour before the time fixed for the closing of the office.
(2) Notwithstanding anything contained in sub-rule (1) in cases of grave emergency, a registering officer may accept any document for registration at his office or his private residence, or the private residence of some person other than himself, at any hour on any day. In all such cases, a Sub-Registrar shall at once report to the Registrar to whom he is subordinate, the fact of his having accepted a document for registration and the reasons for his doing so.
Explanation.— For the purposes of this sub-rule “day” means a day beginning one hour before sunrise and ending one hour after sunset.
Rule 39. Form of presentation endorsement,-
(1) The registering officer shall make endorsement as required by section 52, either by writing or impressing it one every document presented to him for registration, in the following form, namely:-
“Presented at the office of the Registrar/Sub-Registrar of……………… between the hours of………………….. and on the……………….. 19……”
(2) In the City of Bombay, the Sub-Registrar, and elsewhere, the Registrar, may delegate the duty of recording the endorsement under this rule to his Personal Clerk and the Sub-Registrar at the headquarter, respectively.
(3) Any instrument executed by or in favour of any Officer referred to in sub-section (1) of section 88 may be presented for registration to the registering officer under a covering letter from such officer issued in his official capacity.
Rule 40. Manner of filling in Day Book,-
(1) On receipt of a document for registration, a registering officer shall fill in the first three columns of the Day Book in Form G and then proceed to recover the proper registration fees payable in respect of the document.
(2) The serial number under which a document is entered in the Day Book shall be endorsed on the document above the endorsement made under rule 39.
Rule 41. Manner of calculating copying fees,-
In calculating copying fees in the case of documents copied by hand a part of a folio shall be counted as a whole folio. When a document is short and the copy thereof is likely to cover less than a page of a register book, the whole number of words shall be counted. In other cases, the number of folios may be counted by multiplying the average number of words in five different lines in different parts of the document by the number of lines in the document (fraction of a word being counted as a word) and dividing the result by one hundred:
Provided that the transcription made under rule 51 shall not be taken into account in calculating the copying fees:
Provided further that the copying fees in the case of documents copied by photography shall be calculated at the rate charged per page of the document.
Rule 42. Form of receipt to be passed,-
(1) A registering officer shall pass a receipt in Form “R” whenever a document is presented for registration or deposit, or whenever payment of any fee or fine or other amount is made to him.
(2) A registering officer visiting a private residence or jail under the proviso to section 31, sub-section (3) of section 33 or sub-section (2) of section 38, as the case may be, on being paid his travelling expenses, shall pass a similar receipt.
Rule 43. Form of fee endorsement,-
(1) On receipt of the fees, the registering officer shall endorse on the document the following note, namely:-
“Received fees for—
Photo Offices. Other offices
Rs. 17[P] Rs. 17[P]
Registration. Registration.
Copying a/b pages Copying (Folios).
Postage_________ Copying endorsements.
Total____________ Postage.____________
Total_______________
A.B. A.B.
Registrar or Sub-Registrar. Registrar or Sub-Registrar.”
(2) When the fees for any other items specified in Form R are levied, these items shall be noted in manuscript.
Rule 44. Certain requirements to be verified before accepting a document for registration,-
(1) Before accepting any document for registration, a registering officer may not concern himself with its validity, but shall ascertain–
(a) that it is properly stamped;
(b) that it is presented within the prescribed time; and in the proper office;
(c) that it was presented by a competent person;
(d) if it relates to immovable ‘property’, that it is not open to objection under section 21 or 22;
(e) if any document is in a language which he does not understand, that the provisions of section 19 are complied with;
(f) that any interlineations, blanks, erasures or alterations appearing in the document are attested by the signature or initials of the person or persons executing the same as required by section 20;
(g) that the dates of execution of the document, if written according to more than one calendar, tally with each other; and
(h) that the registration of such document has not been declared as opposed to public policy under section 22-A.
(2) If on presentation of the document, the fees prescribed under section 78 are not paid on demand, the registering officer shall refuse to register the document.
Rule 45. Withdrawal when allowed,-
A registering officer may, before the admission of any of the executants is recorded, at the request in writing of the party presenting the document for registration, allow him to withdraw the same.
Rule 46. Procedure when a document is not properly stamped,-
(1) When a document, which is not duly stamped, is presented for registration and the registering officer impounds it under the Indian Stamp Act, 1899 or the Bombay Stamp Act, 1958, he shall not forward the document to the Collector until the executant or executants appear before him for the purpose of enquiry under section 34 or until the expiration of the period of four months specified in section 34 whichever is earlier. The endorsements under rules 39 and 43 and section 58 shall be made on the document before it is sent to the Collector but it shall not be copied or certified as registered until it has been returned to the registering officer with the Collector’s certificate that the proper stamp duty has been paid thereon.
(2) If a document is impounded under the Indian Stamp Act, 1899 or the Bombay Stamp Act, 1958, the registering officer shall record a statement immediately below the endorsement made under rule 39 that such document is impounded under section 33 of the Indian Stamp Act, 1899 or section 33 of the Bombay Stamp Act, 1958 and shall sign such statement.
(3) In the city of Bombay, the Sub-Registrar and elsewhere, the Registrar may delegate the duty of recording the statement under sub-rule (2) to his 18[Personal Clerk and the Headquarters Sub-Registrar], respectively.
Rule 47. Mode of writing endorsement and certificate when blank space is insufficient,-
(1) Every document admitted to registration shall provide a blank space for writing endorsements under section 52 and 58 and the certificate under section 60. If in any case, the blank space on a document is insufficient for writing endorsement, an extra piece of blank paper shall be firmly gummed on or attached to it, so as not to overlay any of the matter originally written in the document and the registering officer shall make each of the said endorsements and certificate partly on the document itself and partly on the piece of paper so gummed on or attached.
(2) When an extra piece of paper is stitched to the document, or where a document is written on more pages than one, the registering officer shall affix his seal on each join.
Rule 48. Procedure on admission of document to registration,-
(1) If a registering officer does not, on the face of it, see any objection to a accepting a document for registration he shall proceed with the enquiry under section 34 and if the document is admitted to registration, the endorsements under section 58 and the certificate under section 60 shall be made in the manner shown in Form L.
(2) The registering officer shall not endorse an admission of receipt of consideration unless the admission is voluntarily made.
(3) If a person executing a document admits that he has executed it, but denies receipt of consideration either in whole or in part, the registering office shall not refuse to register the document on that account, but shall make a note of such denial in the endorsement.
(4) When a registering officer is acquainted either with the person admitting execution of a document or with the witness to his identity, he shall make a note in the endorsement to that effect. If the registering officer is not acquainted with the executant and no witness with whom the registering officer is acquainted is produced to identify the executant, the registering officer shall either.—
(a) examine any two witness produced by the executant to prove his identity or;
(b) examine on oath the executant and one witness produced by the executant to prove his identity.
(5) Where the person appearing before the registering officer as an executant of a document is in the military employment of Government and is unable to produce any witness or witnesses to identify him or to prove his identity, as the case may be, the registering officer shall, if such person produces his identity card duly certified and bearing his photograph, accept it as sufficient proof of his identity, unless the registering officer has ground to believe that the identity card is not genuine. If the identity card is accepted as such proof, the registering officer shall endorse on the document the number of the identity card and the designation of the authority purporting to have signed and certified it.
Rule 49. Sub-Registrar, Bombay to send copies of documents to Collector of Bombay,-
The party presenting any documents (other than documents relating to assignments of goodwill, shop or business and tenancy right) relating to immovable property situate in the District of Bombay shall supply true copies thereof to the Sub-Registrar, Bombay, for verification of cadastral survey numbers, divisions or sub-numbers as recorded in the documents with the city survey records. The true copies of the documents supplied by the party and, where no true copies have been supplied, the original documents presented by the party shall be sent by the Sub-Registrar, Bombay, alongwith a return in Form RA to the Collector of Bombay during the first week of every month following the month to which the documents relate.
(2) If any discrepancies are communicated by the Collector in respect of true copies of documents, the Sub-Registrar, Bombay, shall take steps to bring them to the notice of the executing parties and advise then to execute a register a deed of correction to set right such discrepancies.
(3) If any discrepancies are communicated by the Collector in respect of original document, the Sub-Registrar, Bombay, shall take steps for requiring the executing parties to make the necessary corrections within a reasonable time. The correction shall be made in the margin of the document under the signature of the Sub-Registrar, Bombay, after obtaining the consent of the parties or their authorised agents. If such consent is not given within a reasonable time, the Sub-Registrar, Bombay, shall index the documents under the cadastral survey Nos. and divisions named in the documents.]
Rule 50. Optional registration how distinguished from compulsory registration and determination of value of interest when not stated in document,-
(1) Entries relating to documents, registration of which is optional, shall be made in register book No.1 and in Parts I, III and IV of the supplement to register book No.1, by appending letter ‘B’ to the serial number. The absence of the said letter shall indicate that the entries relate to documents registration of which is compulsory.
(2) For the purpose of determining whether the registration of a document in which the value of the interest affected is not expressed is compulsory or not, the value of the stamp affixed thereto shall be taken to indicate the value of the interest according to the provisions of the law in force relating to stamped documents.
Rule 51. Manner of copying stamp vendor’s endorsements on register books and copies prepared under sections 19[65] to 67,-
When a document admitted to registration is being copied in the appropriate register book as required by section 52, the value of the stamp and the stamp vendor’s endorsement shall be transcribed at the beginning of the copy in such book and also on the copies prepared under sections 20[65] to 67.
Rule 52. Items to be copied in certain columns of Register Books Nos. 1, 3 and 4,-
The following items shall be copied in column 2 of register books Nos. 1 and 4 and in column 3 of register book No.3, namely:-
(1) the serial number endorsed on the document under rule 40;
(2) the presentation endorsement referred to in rule 39;
(3) the fee endorsement under rule 43;
(4) the endorsements under sections 52, 58 and 59 and certificate under section 60 in the order in which they appear on the document.
Rule 53. Manner of noting interlineations, etc., and writing marginal notes,-
(1) Any interlineation, blank, erasure or correction in a document presented for registration and in the endorsements made on it shall be copied into the relevant register book exactly as they appear in the document and in the endorsements, Marginal notes explaining such interlineation, blank, erasure or alteration shall be written in column 1 of the relevant register books in the following manner, namely:-
(a) in the case of an interlineation or alteration a single mark “X” in red ink shall be made over it and a similar mark “X” in red ink shall be made in column 1, against it and the word “sic” or the corresponding word in the regional language (‘asal’) shall be written in the said column after such mark;
(b) in the case of an erasure or blank two marks “XX” in red ink, one at each of such erasure or blank shall be made and similar mark shall be made in column 1, against it and the word “erasure” or “blank”, as the case may be, or the corresponding word in the regional language of the district shall be written after such marks. All such notes shall be attested by the initial of the registering officer.
(2) The same procedure shall be adopted in the case of copies granted under section 57 or those forwarded under sections 65, 66 and 67.
Rule 54. Manner of copying endorsements in case of documents running on more than one page,-
If the copy of a document occupies more than one page of a register book the endorsements of the document shall be copied once only, with the exception of the serial number, which shall be repeated on every page. The endorsements shall in no case be copied alongside of the copy of any document other than to which they relate. If in the case of any document, copies of the endorsements in column 2 of a register book extend lower down than the space occupied by the copy of the document in the column in which the document is copied, the blank space left in the last named column shall be
cancelled by cross lines in ink being drawn over it.
Rule 55. Comparing and attestation of entries in register books, endorsements of copying, reading and comparing how to be made, manner of noting and attesting interlineations, etc., delegation of duty of attesting copies of documents, etc., by Registrars and Sub-Registrars, Bombay, true copy certificate on copies from Central Office of Record to be signed by Headquarter Sub-Registrar,-
(1) When the copy in a register book has been completed, it shall be carefully compared with the original and the copyist, the reader and the comparer shall, respectively, endorse below the copy the words “copied by me”, “read by me” and “compared by me” and shall attach their respective signatures thereto:
Provided that where there is no separate reader and the comparing is done by the Sub-Registrar himself by “eye method” it shall not be necessary to make the endorsement “read by me”.
(2) The registering officer shall then certify under his signature that it is true copy.
(3) All interlineations, blanks, erasures and corrections made at the time of copying shall be bracketed in red ink, attested by the registering officer on each side, consecutively numbered in red ink, and classified under the categories (1) interlineations, (2) blanks, (3) erasures and (4) corrections.
(4) The form of certificate shall be as illustrated below:-
“True Copy”
Number of mistakes:- 8 (eight);
(1) and (7) interlineations; (2), (3) and (6) blanks; (4) and (8) erasures; (5) corrections (initials of the registering officer)]21
(signed) A.B.
Registering Officer .
(5) In the city of Bombay, the Sub-Registrar and elsewhere, the Registrar may delegate to his 22[Head Clerk or Senior Clerk and the Headquarters Sub-Registrar], respectively, the duty of attesting copies of documents in a register book as well as copies given under section 57 or forwarded under sections 66 and 67 or the duty of writing marginal notes and of attesting interlineations, blanks, erasures or corrections under rule 53.
(6) The true copy certificate shall in the case of copies given under section 57 from the central office of record, be signed by the 17[Headquarters Sub-Registrar].
Rule 56. Procedure in case of re-registration,-
In cases of re-registration under section 24, the document shall be copied into a register book in extenso, and shall be given the next serial number:
Provided that a note in red ink indicating the number of the volume of the register book and the page at which it is re-registered shall be made in the register book on the first copy of the document in column 2 of register book Nos. 1 and 4 and in column 3 of register book No.3 below the signature of the registering officer, and such note shall be dated and signed by the officer who re-registers the document. The presentation endorsement specified in rule 39 shall be made on representation.
Rule 57. Registration in wrong office, how set right,-
When a Sub-Registrar registers a document relating to immovable property not situate within his own sub-district, but in that of another sub-district, he shall, on noticing the mistake, direct the person who presented it to present it again in the proper office.
Rule 58. Procedure when document is presented for registration in duplicate, Copies or memoranda under section 64 to 67 in respect of duplicates not to be sent, Indexes of duplicates not to be made, Mode of filing copies of maps or plans accompanying duplicate,-
(1) When a document is presented for registration with its duplicate or duplicates, the endorsements required to be made under sections 52, 58 and 59 shall be endorsed on the original as well as on the duplicate or duplicates. Copy of the original document shall be made in the appropriate register book; the duplicate or duplicates thereof shall not be so copied:
Provided that a note stating the number of duplicates presented along with the original shall be made below the entry of the original in the register book. The contents of a certificate of registration prescribed under section 60 shall be the same for the original, as well as for the duplicate or duplicates.
(2) A copy or memorandum required to be forwarded under sections 64 to 67 shall not be forwarded in respect of the duplicate or duplicates, but in respect of the original only. A note of the number of duplicates presented along with the original shall be made below the true copy certificate in the case of a copy, and in the “Remarks” column in the memorandum.
(3) Indexes shall be prepared in respect of the original only.
(4) If a document is accompanied by a map or plan, the duplicate or duplicates of such document shall each be accompanied by a copy of the map or plan. The copy of the map or plan accompanying the original shall alone be filed in Part II of the Supplement to register book No. 1. They shall be forwarded to registering officer under sections 65 to 67 23[along with copies of maps] or plans relating to the original only and not the duplicate or duplicates.
Rule 59. Endorsement on copies of maps and plans received under section 21 and below true copies of documents concerned: Endorsements to be signed and dated: Attestation of copies of maps or plans by executant,-
(1) On the copy of every map or plan receive under section 21, the registering officer shall make the following endorsement, namely:-
“Copy of map or plan accompanying the document registered at number______ , at page__________ , Volume_______ of register book No. 1.”
The registering officer after entering the copy of the map or plan in Part II of the Supplement to register book No. 1 shall make a note in the register book No. 1 below the rue copy certificate of the document to which it belongs, as follows:-
“Copy of map or plan accompanying is entered at page____ of Volume_____ of Part II of the Supplement to the register book No. 1.”
(2) These endorsements shall be dated and signed by the registering officer.
(3) The copies of maps or plans shall be attested by the signature of the persons executing the document or their authorised agents.
Rule 60. English or Hindi abstract when to be sent by Sub-Registrar, Bombay, to Registrars of other districts, along with copy of document,-
When under sub-section (2) of section 30, the Sub-Registrar, Bombay, registers a document written in a language other than English or Hindi and relating to property situated beyond the limits of the State of Maharashtra, and forwards under section 67, a copy of such document to every Registrar within whose district any part of the property to which the document relates is situated, the copy shall be accompanied by an English or Hindi abstract of such document which shall be certified under his signature as the true abstract.
Rule 61. Return of documents to parties in person and by post,-
(1) When, after the registration is complete and the document is returned under section 61, the registration officer shall obtain the signature of the recipient in the Day Book in Form G in acknowledgment of receipt of the document. The receipt given and produced by the recipient shall then be returned under section 52 to the recipient after the date of the return of the document is endorsed thereon and the endorsement is initialed by the registering officer or the Headquarter Sub-Registrar when the registering officer is a Registrar or by the Head Clerk of the Sub-Registrar in Bombay.
(2) When a person presenting a document for registration signifies a wish that the document should be returned to him by post, receipt given to him under section 52 shall bear an endorsement that the document will be returned by post and such endorsement may be initialed as provided in sub-rule (1). The document shall, when it is returned under section 61, be returned in a registered cover with a form of acknowledgment. The registration receipt granted by the post office and the acknowledgement of the recipient, when received, shall be separately filed and their numbers shall be noted in column 13 of the Day Book.
Rule 62. Documents which are kept separate, List of unclaimed documents to be hung up, Notice to presenter or his nominee, if any, for unclaimed documents and manner of sending it,-
(1) Documents of which registration is not complete and registered documents pending delivery, shall be kept separate.
(2) A list of documents which have been registered, and have remained unclaimed for more than one month from the date of completion of registration, shall be hung up to public view in Form S in the office of every registering officer.
(3) If a document remains unclaimed for one calendar month after its registration, or after registration of the same has been refused, the registering officer shall, on the day following the last day of such month, issue a notice in Form T to the person who presented the document or his nominee, if any, informing him that if it be not claimed within a further period of one month from the date of the notice, an extra fee at the rates prescribed in the Table of Fees prescribed under section 78 shall be leviable before such document can be delivered to him. Such notice shall be sent by post.
Rule 63. Contents of copy of reasons, under sections 71 and 76,-
The copy of reasons required to be given to an applicant under sections 71 and 76 shall be a copy of the entries in register book No. 2 relating to the document of which registration has been refused.
Rule 64. Copy of order passed by Registrar on appeal or application to be sent to Sub-Registrar and manner of copying it in register book No. 2,-
A copy of every order passed by a Registrar on appeal or application shall be sent to the Sub-Registrar against whose decision the appeal or application was made, and the substance of the order, with a brief statement of the reasons therefor, in case of refusal, shall be copied by the Sub-Registrar in column 5 of the register book No. 2.
————–
XIII. RETURNS AND ACCOUNTS
24[Rule 65. Remissions of Fees,-
All fees received under the Act and the rules made thereunder, shall be remitted daily to the nearest Treasury or Bank accompanied by the cash book and the signature of the officer-in-charge of the Treasury or Accountant shall be taken in the cash book. Where it is inconvenient to send the cash book along with the remittance to the Treasury or Bank, the remittance may be sent in duplicate chalans, and the receipted chalan obtained and kept in a separate file. In such case however, the particulars of the receipted chalan, shall be noted below the relevant entry in the cash book. At stations where there is no Treasury or Bank, the fees shall be remitted to the nearest Treasury or Bank at such intervals as may, from time to time, be determined in this behalf by the Inspector General of Registration.
Explanation.— For the purposes of this rule.
(a) ‘Bank’ means the Reserve Bank of India or any office or agency of the Reserve Bank of India and includes any branch of the State Bank of India, State Bank of Hyderabad acting as the agent of the Reserve Bank of India in accordance with the provisions of the Reserve Bank of India Act, 1934.
(b) ‘Treasury’ means the Treasury established at the headquarters of a district and includes a sub-treasury and the Pay and Accounts Office, Bombay.]
Rule 66. Manner of remission of fees into Treasury or Bank,-
Every registering officer shall keep in his custody the fees received by him each day and shall pay the same on the next day into the nearest Treasury or the Bank, as the case may be, as soon as it opens.
Rule 67. Dates of closing accounts,-
The Sub-Registrar, Bombay, and the 25[Headquarters Sub-Registrar] shall close their accounts on the last day of each month and the Sub-Registrars elsewhere shall close their accounts on the day on which the Treasury, in which the fees are remitted by them, closes its accounts each month.
Rule 68. Submission of monthly work statement by Registrar and Sub-Registrars,-
Every Sub-Registrar shall, on the last day of each month, submit to the Registrar, to whom he is subordinate, a monthly return in Part I of Form U and every Registrar shall, on or before the 5th day of each month, submit to the Inspector General of Registration, a monthly return in Part II of Form U on the basis of the monthly return submitted to him by the Sub-Registrars.
————–
XIV. AUTHENTICATION AND ATTESTATION OF POWERS-OF-ATTORNEY
Rule 69. Forms of authentication and attestation of powers-of-attorney,-
(1) The registering officer shall authenticate the powers-of-attorney under section 33 in Form V.
(2) The registering officer shall attest the powers-of-attorney under section 33 in Form W.
(3) The consecutive number under which the power-of attorney is entered in the register in Form I and the fee charged shall be noted on the power-of-attorney.
———–
XV. ISSUE OF COMMISSIONS
Rule 70. Form of issuing commissions,-
Commissions issued under section 33 or 38 and the returns thereto shall be recorded in a separate file. The Commissions shall be issued in Form X.
————
XVI. REFUND OF FEES
Rule 71. Register of refunds,-
Every registering officer shall maintain in Form Y a register of refunds.
26[Rule 71-A. Recovery of fees,-
(1) If on inspection or otherwise, it is found that fee payable under the Act, in relation to any document which is registered has not been paid or has been insufficiently paid, the Sub-Registrar shall issue notice to the person who had presented the document to pay the amount within a period of one month from the date of notice.
(2) If such person fails to pay it within the said period, the Sub-Registrar shall report the fact to the District Registrar to whom he is subordinate. The District Registrar shall enquire into the matter and make his report to the Inspector-General.
(3) On receipt of the report, the Inspector-General of Registration may, on going through the report and after making due inquiry and giving the person an opportunity to be heard, issue a certificate in Form YA directing that the said amount is recoverable from such person as an arrear of land revenue; and forward it to the Collector within whose jurisdiction such person resides.
(4) On receipt of the certificate, the Collector shall recover the amount as an arrear of land revenue and credit it to Government through the Tahsildar concerned who shall immediately intimate such credit in Form YB to the Sub-Registrar and the District Registrar concerned and the Inspector-General.]
————-
XVII. WITHDRAWAL OF SEALED COVERS
Rule 72. Procedure in case of withdrawal of sealed covers,-
When an application is made for the withdrawal of a sealed cover under section 44, the Registrar shall, before delivering the cover under the said section, take back the receipt given under rule 42 when the cover was deposited and file it. The signature of the recipient shall also be taken in the last column of register book No. 5.
————-
XVIII. GRANT OF COPIES, SEARCHES, INSPECTIONS, ETC.
Rule 73. All applications to be in writing and to comply with the Bombay Court-fee Act, 1969, the Indian Stamp Act, 1899 and the Bombay Stamp Act, 1958 and to be numbered and filed,-
(1) All applications for copies, searches, inspection or for any other purposes required to be made under the Act or these rules shall be made in writing to a registering officer and every such application shall be numbered and filed by the registering officer.
(2) The registering officer shall not accept any application, unless it complies with the provisions of the Bombay Court-fees Act, 1959, the Indian Stamp Act, 1899 and the Bombay Stamp Act, 1958, as the case may be.
————
XIX. DESTRUCTION OF DOCUMENTS
Rule 74. The form of notice in case of unclaimed documents to be destroyed and the procedure thereafter; Note of destruction where to be recorded,-
(1) A registering officer shall issue a notice in Form Z, when a document, the destruction of which is authorised by section 85, remains unclaimed for a period exceeding two years from the date of registration or refusal to register it or the date on which the proceedings in respect of its’ registration were adjourned for the last time. After the expiration of the period of notice, the Sub-Registrar shall send the document to the Registrar to whom he is subordinate for destruction and the Registrar shall communicate to the Sub-Registrar the date on which it was actually destroyed.
(2) In case of destruction of registered documents, a note recording the destruction shall be entered in the appropriate register book at the foot of the copy of the document. In cases of documents registration of which is refused, the note shall be recorded in column 4 of register book No. 2.
—————–
XX. INSPECTIONS AND INSPECTORS OF REGISTRATION OFFICES
Rule 75. Inspection of registration office by Registrars,-
(1) Every Registrar shall inspect the offices of the Sub-Registrars in his district at least once every two years.
(2) The Registrar shall send a memorandum of each inspection to the Inspector General of Registration in Form AA.
Rule 76. Inspection of register books in Sub-Registrar’s offices, and in central office of record and report regarding damaged books by Inspector,-
(1) Every Inspector shall examine the books indexes, accounts and other records in the office of a Sub-Registrar subordinate to him once in every year. He shall, as required by sub-section (2) of section 52, authenticate such register books as he may examine by making a record in each of them to the following effect:-
“Entries from P to P in this book have been examined by me.
(Signed)…………………………
Inspector”
(2) Every Inspector shall also inspect the books of the Sub-Registrars subordinate to him and the books in the central office of record for the district and report to the Registrar the register books mentioned in sub-section (1) of section 51 or portions thereof which are in danger of being destroyed or becoming illegible wholly or partially.
(3) The Inspector shall, in the “Inspection Form” prescribed by the Inspector General of Registration from time to time, make a memorandum of all errors, acts of negligence or doubtful practices detected and after giving the Sub-Registrar an opportunity to explain or set right at once any defect found, and after proposing such orders on the memorandum as he may deem proper, send one copy of the same for information to the Registrar to whom the Sub-Registrar is subordinate and one copy to the Inspector General of Registration for approval.
(4) The Inspector General of Registration shall forward a copy of his order in respect of such memorandum with his remarks or suggestions, if any, to the Registrar and the Registrar shall then send it together with the copy of the memorandum received from the Inspector to the Sub-Registrar concerned, for compliance.
Rule 77. Submission of diary of work by Inspectors,-
On or before the 7th day of every month, each Inspector shall submit to the Inspector General of Registration a diary of his work and movements during the preceding month.
————
XXI. ADMINISTRATION REPORT
Rule 78. Annual and Triennial Reports,-
(1) Every Registrar shall submit annual returns in Parts I to V of Form AB and shall fill up the entries therein from similar forms prepared in his office and those received by him from the Sub-Registrars. In every third year, every Registrar shall, on or before the date prescribed by the Inspector General of Registration from time to time in this behalf, submit to the Inspector General of Registration a brief report containing a general account of the amount of registration work performed by himself and the Sub-Registrars under him during the preceding three years.
(2) The report shall contain the following particulars, namely:-
(a) the number of documents—
(i) registration of which was compulsory,
(ii) registration of which was optional,
(b) the nature of the deeds registered,
(c) the number and result of appeals under section 72,
(d) the number and result of applications under section 73,
(e) the number and result of suits under section 77,
(f) the amount of fees collected in his office and those collected in the offices of the Sub-Registrars subordinate to him and an explanation of the significance of the statistics as bearing upon the economic condition of the people.
(3) In the two years intervening between the dates of such reports, the Registrar shall, on or before the date appointed by the Inspector-General of Registration from time to time in this behalf, submit the prescribed statements with a clear but brief indication of his opinion as to the significance of the statistics.
(4) Every Inspector and the Manager, Government Photo Registry, shall submit to the Inspector General of Registration on or before the date prescribed by the Inspector General of Registration from time to time, an annual report containing such information as may be prescribed by him.
Rule 79. Submission of suggestions for improvement of registration system,-
When a Registrar is of the opinion that inconvenience attends the working of any of these rules or the authorised table of fees, he shall submit his suggestions for the improvement of the system of registration in separate reports and shall not incorporate them in the reports submitted by him under rule 78.
—————-
XXII. PHOTO-COPYING PROCEDURE
Rule 80. Documents to be sent to Manager, Government Photo Registry Office, Pune for photo-copying, preparation of list and its’ preservation,-
(1) Every registering officer in a district or sub-district to which Part XI-A of the Act applies, shall send to the Manager, Government Photo Registry Office, Pune (hereinafter in this Part referred to as “the Manager”) for being photo-copied, documents presented to him for registration with a list in Form AC except those mentioned in sub-section (1) of section 70-E and those declared unfit for being photo-copied by a registering officer in consultation with the Manager.
(2) The list shall be prepared in duplicate, one copy being sent to the Manger, and the other permanently preserved by the registering officer in his office.
Rule 81. Manner of sending documents to Manager,-
The documents shall be sent to the Manager by registered post, after being properly packed and secured in the manner prescribed by the Inspector-General of Registration.
Rule 82. Identification mark on pages of a document,-
On every written page of a document to be sent for being photo-copied, shall be impressed or written the identification mark under section 70-D(1)(a) showing the name of the office, the number of book, the page number with the total number of pages below it and the year of registration, in the following form:-
………………………………………………
H.V.L.
………………………………………………
4-875 4/8
………………………………………………
19
………………………………………………
The document shall then be entered n the list referred to in rule 80.
Note:- The Book No. shall not be marked in the case of documents registered in Book No. 1.
Rule 83. Serial numbering of documents,-
All documents of one year shall be numbered with one consecutive series, irrespective of the number of the register book in which they are to be entered:
Provided that, except in the district of Bombay and the Bombay suburban District, prints of documents which are to be entered in different register books, shall be bound separately in the manner hereinafter prescribed.
Rule 84. Preparation of books of Photo-copies,-
In all districts, excepting the district of Bombay and the Bombay Suburban District, photo-copies of documents to be entered in register books shall be made up into books of as nearly as possible 100 pages, the last page being the last page of a document.
Rule 85. Photo-copies to be kept loose in box; its’ contents to be certified,-
In the district of Bombay and the Bombay Suburban District, photo-copies of documents to be entered in register books shall not be bound into books, but shall be kept loose in a box, each box being considered as a book. The contents of each box shall be certified by the Senior Sub-Registrar, Bombay, or the Sub-Registrar, Bandra, as the case may be, in the form prescribed by the Inspector-General of Registration.
Rule 86. Form of certificate on books of photo-copies of documents,-
To each book of photo-copies of documents, the registering officer shall prefix a certificate in Forms AD 27[*******] which shall be signed and dated by him.
Rule 87. Numbering of pages and manner of binding books,-
The pages of the register books so formed shall be numbered serially and a certificate in Form AG shall be given at the end, which shall be signed and dated by the Inspector. The books shall be bound with a tape or strong cord approved by the Inspector-General of Registration and the knot shall be secured by means of a metal seal by the Inspector.
Rule 88. Preservation of books,-
All the books shall be preserved in the Offices of Sub-Registrars to which they belong in the manner approved by the Inspector-General of Registration.
Rule 89. Manner of preservation and storage of negatives in Government Photo Registry,-
The negatives of all photo-copies shall be stored and preserved permanently in the Government Photo Registry. Several pieces of the film negatives belonging to one office may be joined together for convenient storage, and they shall be securely stored in the manner approved by the Inspector-General of Registration. Each single length of film shall be numbered serially, a separate series being used for each office of a Sub-Registrar. There shall be maintained in the Government Photo Registry, a register in the form prescribed by the Inspector-General of Registration, showing the number of length of film for each office, and the number of documents photographed on each length and the date of storage.
Rule 90. Serial numbering of each length of film negative,-
All pages of documents photographed on one length of film shall be serially numbered irrespective of the office to which the documents belong, or the order in which they are entered in the list, a separate series being used for each length of film.
Rule 91. Mode of certifying film negative— Certificate when to be given: Contents of seal,-
(1) Each separate length of film shall bear at the end of it a certificate by the Photo-Registrar in the following form:-
“True photo of document page No.___ to No.___ except_____
date_______ Photo-Registrar.”
(2) The certificate shall be signed, sealed and dated by the Photo-Registrar. The certificate shall be given after the film is developed, prints are taken from it and the photo-copies are duly signed, dated and sealed by the Photo-Registrar.
28[(3) The seal mentioned in clause (c) of sub-section (1) of section 70-D, shall be and shall bear the following inscription, namely:-
“Seal of the Photo Registrar, Government Photo Registry, Poona.”
———-
FORM ‘A’
[See Rule 8]
FORM OF REGISTER BOOK NO.1.
Register of non-testamentary documents relating to immovable property
| Serial No. of document | 29[Copy of endorsement and of certificate] (Sections 52, 58, 59 and 60) | Copy of document |
| 1 | 2 | 3 |
———–
FORM ‘B’
[See Rule 8]
FORM OF REGISTER BOOK NO. 2
Record of reasons for refusal to register
| Serial No. of refusal and nature of document with day Book No. | Stamp duty paid | Name and address of presenting party | Name of office in which registration has been refused and date of refusal | Reasons for refusal to register | Copy of order under sections 72, 75, 76(1)(a) or 77 with brief statement of reasons in case of refusal |
| 1 | 2 | 3 | 4 | 5 | 6 |
Note 1.— In the office of the Sub-Registrar only the date of refusal need be entered in column 4.
Note 2.— In Registrar’s offices only when an appeal is brought under section 72, or when an application is made under section 73, the name of the office in which registration of the document has been refused and the date of such refusal should be entered in column 4; and in column 5 the Sub-Registrar’s reasons for refusal should be entered briefly.
———–
FORM ‘C’
[See Rule 8]
FORM OF REGISTER BOOK NO. 3
Register of wills and authorities to adopt
| No. | Reference to Book No.5 | 24[Copy of endorsement and of certificate] (Sections 52, 58 to 60 and 45) | Copy of will or authority to adopt |
| 1 | 2 | 3 | 4 |
Note.— In Registrar’s offices when a will is in the first instance deposited as a sealed cover the second column will be filled in and the third column left blank. In any other case column 3 will be filled in and column 2 left blank.
———–
FORM ‘D’
[See Rule 8]
FORM OF REGISTER BOOK NO.4
Miscellaneous Register
| Serial No. of Document | 30[Copy of endorsement and of certificate] (Sections 52, 58 to 60) | Copy of document |
| 1 | 2 | 3 |
————
FORM ‘E’
[See Rule 8]
FORM OF REGISTER BOOK NO.5
Register of deposits of wills
| No. | Year, month, day and hour of presentation | Name and address of depositor | Name and address of persons examined as to identity | Superscription | Inscription on seal | ||||
| 1 | 2 | 3 | 4 | 5 | 6 | ||||
| Date of application for registration, section 45 | Name and address of person making application | Name and address of person identifying the person withdrawing the sealed cover | Reference to Book No.3 | Date of return to depositor (Section 44) and removal to Court Under Section 46 | Signature of depositor on withdrawal | ||||
| 7 | 8 | 9 | 10 | 11 | 12 | ||||
————
31[FORM ‘F
[See Rule 12]
FORM OF MINUTE BOOK
| Annual Serial No. | Reference No. | Book No./Serial No. of document | Note of proceedings |
| 1 | 2 | 3 | 4 |
| 120 | 13 | BK.No.1 625 | Wednesday, 18th July 19___ AB of CD puts in application stating that he could not appear to admit execution of the sale deed for Rs. 1,000 executed by him on 1st March 19____ in favour of EF of CD and presented for registration by EF on 15th March_____. On payment of the maximum penalty of Rs. 15.42 AB is allowed to admit execution, pending Registrar’s direction for registration. The application is forwarded to the Registrar and further proceedings adjourned. |
(Signed)……………………..
[Sub-Registrar,]31
Saturday, 28th July 19_____.
No…… of 19…… Resumed proceedings, under direction of the Registrar32
No……….. dated……………….19____, registration of the document is ordered in Book No 1.
(Signed)……………………..
[Sub-Registrar____33]
—————-
34[FORM ‘G’
[See Rules 13, 40 and 61]
FORM OF DAY BOOK
| Serial No. of the year | Description of document and value | Name of presenter and place of residence | Whether—(a) ordered or (b) refused or (c) withdrawn with date |
| 1 | 2 | 3 | 4 |
| 342 | Simple mortgage Rs.400 | Shri. S.K.Bhave, Wagholi | (a) 2nd July 1917. |
| 343 | Lease for 5 years at Rs.50 | Shri. D.Y. Varde, Yerandwana. | (b) 3rd September 1917. |
| 344 | Sale for Rs.500 | Shri. M.N. Karve, Yeravda | (a) 2nd July 1917. |
| 345 | Deed of Gift Rs.800 | Shri. S.Y. Raje, Bhamburda | (a) 2nd July 1917. |
| Registered | Date of completion 8 | Date of return to party/return unclaimed 9 | ||
| Book 5 | Volume 6 | No. 7 | ||
| 1 | 327 | 34 | 3rd July 1917 | ———- |
| —– | —— | —– | ——- | 5th August 1917. |
| 1 | 329 | 342 | 3rd July 1917 | ———- |
| —— | ——- | ——- | ——– | ———- |
| Date of Notice Form T | Date of Notice Form Z | Date of—(a) Return after notice (b) despatch to Registrar for destruction (c) destruction | Signature of recipient |
| 10 | 11 | 12 | 13 |
| 3rd August 1917 | ——– | (a) 25th August 1917, | Signed S.K. Bhave. |
| ——- | ——— | ——– | Signed D.Y. Warde. |
| 3rd July 1917 | 3rd July 1917 | (b) 4th September 1919 (c) 28th September 1919 | |
| —— | ——— | ——— | Signed S.Y. Raje. |
————
35FORM ‘H’
[See Rule 14]
FORM OF CASH BOOK
| Date | Receipt No. | Total amount | Fees for registration of documents | ||||
| (1) | (2) | (3) | (4) | ||||
| Rs. P. | |||||||
| Other Receipts | |||||||
| Fines | Fees for authentication of Power-of-attorney. | Fees for copies of documents registered | Commission for transfer of property tax-collection | Other Items | |||
| Amount | Particular | ||||||
| (5) | (6) | (7) | (8) | (9) | (10) | ||
| Rs.p. | Rs.p. | Rs.p. | Rs.p. | Rs.p. | —- | ||
| Dated_______ 35[Registering Officer] | |||||||
————
FORM ‘I’
[See Rule 15]
Register of powers of attorney authenticated or attested in the office of_______________ District_________.
| Consecutive No. | Date | Name of the Principal Executing the power and his addition | Name of attorney and his addition | Name of person, if any, who identified the principal and his addition | ||||
| (1) | (2) | (3) | (4) | (5) | ||||
| Whether the power is special or general and the stamp duty paid | Whether the grantor has affixed his mark or signature | Abstract of the Power | Signature of the registering officer | Signature of the recipient of the power | ||||
| (6) | (7) | (8) | (9) | (10) | ||||
Note:- Column 8 should show whether the power is given for registration purposes.
————–
FORM ‘J’
[See Rule 16]
Memorandum of document registered in the office of_______________________ under sections 64 to 67 of the 36[Registration Act], 1908
| Serial No. of year of the office of filing | Nature of deed and consideration (in case of leases of land, state whether lessor or lessee pays assessment) | Description and situation of property (full particulars of the property required for Index No. II should be given), Value of stamp and amount of registration and other fees levied | Name of executing party or in case of a decree or order of the Civil Court, of defendant, place of residence | ||
| (1) | (2) | (3) | (4) | ||
| Name of claiming party or, in case of a decree order of the Civil Court of Plaintiff, Place of residence | Date of (1) Execution, (2) Presentation, (3) Completion of document, (4) Receipt of photocopy from Government Photo Registry, (5) Receipt of the Photo Copy by District Registrar | No. of Volume, pages and serial No. in the register book of original registration | No. of Volume, pages and Serial No. of filing in the office of the Registrar (when necessary) | Remark (regarding situation of the property in other Sub-District etc)] | |
| (5) | (6) | (7) | (8) | (9) | |
| Forwarded to the Sub-Registrar of_______________ under section______ of the 36[Registration Act), 1908. 37{Date of receipt } 37{Filed at page } 37{Volume of Supplement to Book } Date 37{No. 1, Part I, Serial No. } 37{Date:-____ Sub-Registrar. } Registrar or Sub-Registrar. Date:-_____ |
—————
FORM ‘K’
[See Rule 22]
(a) Serial No……………………
(b) Registered Nos. of the entries re-copied……….
(c) Nos. of the pages of the old book the entries of
which have been re-copied…………………..
(d) No, of the old book………….
(e) No. of the new book………….
(f) Nos. of the pages of the new book on which entries
have been re-copied……………..
(g) Authority under which the entries have been re-copied. ______________
————–
FORM ‘L’
[See Rules 25 and 48]
FORMS OF ENDORSEMENT AND CERTIFICATE UNDER SECTIONS 58 AND 60
1. AB, executing party, Merchant, 45, Thana, admits execution of the so called_______________ deed. AB is personally known to the undersigned Registrar (or Sub-Registrar).
(Signed) AB
Date
(Signed) XY
Registrar or Sub-Registrar.
2. GH, executing party, cultivator, 20, Thana, admits execution of the so called_________________ deed and makes his thumb impression.
(Thumb impression)
Date
(Signed) XY
Registrar or Sub-Registrar.
3. CD, Writer, Thana and known to the Registrar (or Sub-Registrar) states that he personally 32[knows the above executant and identifies him (or CD, in his turn, is identified by EF, who is personally known to the undersigned Registrar or Sub-Registrar).
(Signed) CD
(Signed) EF
Date
(Signed) XY
Registrar or Sub-Registrar.
4. CD, Writer, Thana, and EF, Merchant, Thana, states that they personally know the above 38[executant] and identify him.
(Signed) CD
(Signed) EF
Date
(Signed) XY
Registrar or Sub-Registrar.
[Note:- Where the execution of a document is admitted by an agent of the executant, the word “executant” may be replaced by the word “agent”.]
39[4-A. AB, Merchant, Thana, the executing party, states on oath that he is the person he represents himself to be and CD, Merchant, Thana, states on oath that he personally knows AB, and that AB, is the person he represents himself to be.
(Signed) AB
(Signed) CD
Date
(Signed) XY
Registrar or Sub-Registrar.
5. EF (Agent of GH, executing party, Merchant, 33) pleader, Thana, admits execution of the so called__________________ deed by GH. He is personally known to the undersigned Registrar (or Sub-Registrar).
(Signed) EF
Date
(Signed) XY
Registrar or Sub-Registrar.
5-A. The identity of AB (Executing party and in military employment) is proved by identity card bearing No._____________ and signed and certified by (designation of the officer purporting to have signed and certified it).
(Signed) XY
Date
Registrar or Sub-Registrar.
6. AB, Collector, executing party, Thana, is exempt from personal appearance under section 88 of the 40[Registration Act], 1908 (XVI of 1908):-
(a) His signature and seal are identified by CD, Clerk, Thana, who is personally known to the undersigned Registrar (or Sub-Registrar).
(Signed) CD
Date
(Signed) XY
Registrar or Sub-Registrar.
Or
(b) The signature and seal of AB, Collector, are known to the undersigned Registrar (or Sub-Registrar).
(Signed) XY
Date
Registrar or Sub-Registrar.
Or
(c) AB, Collector of Thana, was referred to under this office No._________ of__________ for information respecting the execution of this document by him and on receipt of his reply under his No.________ of__________ the undersigned Registrar (or Sub-Registrar) is satisfied of the execution hereof.
(Signed) XY
Date
Registrar or Sub-Registrar.
7. AB, Merchant, 29, Thana, representative or assign of deceased CD, the executing party, admits execution of the so-called_______________ deed as representative of CD. He has proved his status by the evidence of EF and GH, Merchants, Thana, who were examined on oath. AB is personally known to the undersigned Registrar [or Sub-Registrar] [or if identified by witness, write out endorsement as shown in Form No. (3) or No.(4), as the case may be.]
(signed) AB
(signed) EF
(Signed) GH
Date
(Signed) XY
Registrar or Sub-Registrar.
8. AB, executing party, Merchant, 37, Thana, admits execution of the so-called__________ deed and acknowledges (or denies, as the case may be) receipt of consideration, but refuses to sign this endorsement.
Date
(Signed) XY
Registrar or Sub-Registrar.
9. (i) 36[Registered No.4 at page 12, Volume II of Book No. 1 (in case of documents hand-copied).
(ii) Registered No.4 of Book No. 1 (in case of document photo copied).
(Signed) XY
Registrar or Sub-Registrar.
Seal of the Registrar or Sub-Registrar of___________.
Date
—————
FORM ‘M’
(See Rule 29)
FORM OF INDEX NO.I/I-A
| Name of executing party or if decree or order of Civil Court, of Defendant | Place of residence | Name of claiming party or if order or decree of Civil Court, of Plaintiff | Place of residence | |
| (1) | (2) | (3) | (4) | |
| Situation of property | Dates of | Serial No., Volume and page | ||
| Execution | Registration | |||
| (5) | (6) | (7) | (8) | |
————
FORM ‘N’
(See Rule 29)
FORM OF INDEX NO. II/II-A, PART I
| Nature of deed and consideration (in case of lease state whether lessor or lessee pays assessment) | Survey No. and sub-division No. and House No, (if any) | Area | Assessment or judi, when given | Name of the executing party or, in case of decree or order of Civil Court, of Defendant | |
| (1) | (2) | (3) | (4) | (5) | |
| 41[Hectares] | Rs. 41[P.] | ||||
| Name of the claiming party or, in case of a decree or order of the Civil Court of Plaintiff | Dates of | Serial No., Volume and Page | Remarks | ||
| Execution | Registration | ||||
| (6) | (7) | (8) | (9) | (10) | |
———–
FORM ‘N’-contd.
INDEX NO. II/II-A, PART II
Special Form of City Survey Properties
CTS No. Area
| Nature of document | Consideration | Name of first claimant | Date of registration | Volume | Registered No. |
| (1) | (2) | (3) | (4) | (5) | (6) |
————
FORM ‘O’
(See Rule 29)
FORM OF INDEX No. III
| Name of testator or donor | Place of residence | Name of executor, guardian, etc. | Place of residence | Name of person claiming under will or authority to adopt | Place of residence | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | ||||
| Description of property to which document relates | Date of death of Testator or donor | Date of registration of will or Authority to adopt | Volume and pages | Serial No. of document | |||||
| (7) | (8) | (9) | (10) | (11) | |||||
————
FORM ‘P’
(See Rule 29)
FORM OF INDEX NO. IV
| Name of executing party or Defendant (in case of decree or order of Civil Court) | Place of residence | Names and additions of persons claiming under documents or in cases of decrees and orders of Civil Court, of Plaintiffs | |||
| (1) | (2) | (3) | |||
| Nature of document and consideration | Date of Registration | Volume and page | Serial No. of document | ||
| (4) | (5) | (6) | (7) | ||
————
FORM ‘Q’
(See Rule 37)
FORM OF INDEX TO REGISTER BOOK NO. 2
| Name of presenting party | Page | No. |
| (1) | (2) | (3) |
————-
FORM ‘R’
(See Rules 42 and 43)
| (1) | (2) |
| Obverse Receipt No._____ Serial No._____ of document/application Date of___________ Nature of document:- By whom presented: Received fees as follows:- Registration Fees:- Copy Fees (folios/Sides):- Copying fee for endorsements:- Postage:- Copies or memoranda (section 64 to 67):- Searches or inspection:- Fines:- Section 25:- Section 34:- Certified copies (section 57) folios:- Other fees and payments:- Items (on reverse) No. Do. Do. Do. Do. Do. Do. Do. Do. The document/copy will be ready on_____ and will be sent by registered post/delivered at this office to Sub-Registrar Please send the document by registered post/hand it over to the person named below:- Presenter (Counterfoil) Schedule of other fees and other payments (Reverse) 1. Extra Registration Fee:- Article XVIII or XIX of the Table of Fees prescribed under Government Notification, Revenue Department No. RGN-1558/67731-N, dated 17th July 1961. 2. Comparing Fee:- 3. Filing fee:- Article XII of the Table of Fees prescribed under Government Notification, Revenue Department No. RGN-1558/67731-N, dated 17th July 1961. Article XXI of the Table of Fees prescribed under Government Notification, Revenue Department No.RGN-1558/67731-N, dated 17th July 1961. 4. Attestation of Power-of-attorney:- 5. Attendance fee:- 6. Safe Custody fee:- 7. Deposit of sealed covers:- 8. Opening of sealed covers:- 9. Withdrawal of sealed covers:- 10. Commission:- 11. Service of nurse or female attendant:- 12. Recoveries of fees undercharged:- 13. Postage for sending copies of deeds, etc. 14. Travelling expenses:-}(Not to be credited to cash book) 15. Bhatta:- } (Not to be credited to cash book) | Receipt No._____ Serial No._____ of document/application Date of___________ Nature of document:- By whom presented: Received fees as follows:- Registration Fees:- Copy Fees (folios/Sides):- Copying fee for endorsements:- Postage:- Copies or memoranda (section 64 to 67):- Searches or inspection:- Fines:- Section 25:- Section 34:- Certified copies (section 57) folios:- Other fees and payments:- Items (on reverse) No. Do. Do. Do. Do. Do. Do. Do. Do. The document/copy will be ready on_____ and will be sent by registered post/delivered at this office to Sub-Registrar Please send the document by registered post/hand it over to the person named below:- Presenter (Counterfoil) Schedule of other fees and other payments (Reverse) 1. Extra Registration Fee:- Article XVIII or XIX of the Table of Fees prescribed under Government Notification, Revenue Department No. RGN-1558/67731-N, dated 17th July 1961. 2. Comparing Fee:- 3. Filing fee:- Article XII of the Table of Fees prescribed under Government Notification, Revenue Department No. RGN-1558/67731-N, dated 17th July 1961. Article XXI of the Table of Fees prescribed under Government Notification, Revenue Department No.RGN-1558/67731-N, dated 17th July 1961. 4. Attestation of Power-of-attorney:- 5. Attendance fee:- 6. Safe Custody fee:- 7. Deposit of sealed covers:- 8. Opening of sealed covers:- 9. Withdrawal of sealed covers:- 10. Commission:- 11. Service of nurse or female attendant:- 12. Recoveries of fees undercharged:- 13. Postage for sending copies of deeds, etc. 14. Travelling expenses:-}(Not to be credited to cash book) 15. Bhatta:- } (Not to be credited to cash book) |
Document returned on__________
Sub-Registrar
——–
FORM ‘RA’
[See Rule 49]
The last return for the month of_____ has been sent by Sub-Registrar, Bombay
Statement for the month______ of registration affecting properties in the City Surveyed Town of________ in the office of the Sub-Registrar of Bombay.
| Serial No. in registration book | Nature of deed (with period in case of lease exceeding 21 years) | Cadastral Survey No., Division, Sub-Division Nos. in documents with City Survey Record and Names of the street and part of the City | Area in Square Yards/metres | ||||
| (1) | (2) | (3) | (4) | ||||
| Name of Transferor (Lessor) | Name of transferee (Lessee) | Consideration price, rent, etc. | Date of execution | Ownership of Well easement sold wholly or in part, etc. | |||
| (5) | (6) | (7) | (8) | (9) | |||
————-
FORM ‘S’
[See Rule 62(2)]
LIST OF UNCLAIMED DOCUMENTS
| Serial Number of document | Name of the presenter | Nature and Consideration of the document | Date of | Remarks, Date of Issue of notice Under Rule 74]42 | |
| Notice | Return | ||||
| (1) | (2) | (3) | (4) | (5) | (6) |
————–
FORM ‘T’
[See Rule 62(3)]
Serial No. of document:-______ Date of notice:-
Nature of document:-
Name of presenting party:-
Date of (a) presentation_______ (b) Completion of registration/Refusal to register.
Notice is hereby given to Shri/Smt./Kum.______________________ that unless he/she takes away the above document within one month from this date he/she will be charged the following fees:-
| After one month from the date of this Notice | Five 43[*****] paise per diem. |
| After two months from the date of this Notice | Twenty 43[*****] paise per diem upto a maximum fee of Rs.15/- only. |
Sub-Registrar
————-
FORM ‘U’
PART I
[See Rule 68]
[For the use of the Sub-Registrars]
Work Statement of the Sub-Registrar of44_______ Sub-district for the calendar month of________
| Deeds for registration | Application for copies of deeds | Number of Karkuns employed | Remarks | |||
| No. | Folios/sides | No. | Folios | Permanent | Temporary With date From ____ to ____ | |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| In arrears as per last return__________* Received________________________* Completed______________________ Arrears at close of month and date from which they begin* |
N.B.— Items marked * not to be filled in column.
1. Certified that the information required for the Annual Report has been completed and entered in the Annual Return Form.
2. Certified that the stock of forms has been inspected by me and their account properly maintained.
3. Certified that the Indexes are kept up-to-date.
Date:-_______
Sub-Registrar
————-
FORM ‘U’… contd.
PART II
(See Rule 68)
(For the use of Registrars)
Work statement of the Registration Offices of the District of______ for the calendar month of________
| Name of office | Deeds received for Registration | Application for copies received | Details of arrears at the end of month | ||||||
| No. | Folios/Sides | No. of deeds | Folios/ sides | Date from which Arrears begin | Applications for copies of deeds | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | ||
| Total folios of deeds and copies completed | Number of Karkuns employed | Remarks | |||||||
| Permanent | Temporary | ||||||||
| (9) | (10) | (11) | (12) | ||||||
Indexes are reported to have been kept upto date by all Sub-Registrars except____
Date:-
Registrar of___________
————-
FORM ‘V’
[See Rule 69(1)]
Authentication under clause (a) of sub-section (1) of section 33
This power-of-attorney has been executed by________________ occupation_____ age_______ at present residing at___________________________ in my presence on the______ day of____________45. The said____________________ is personally known to me/The identity of the said_______________ has been proved by_______________________ to my satisfaction.]
Dated___________
[Seal]
Signature of the person identifying the principal.
Signature of the Registrar/Sub-Registrar.
——————
FORM ‘W’
[See Rule 69(2)]
Attestation under sub-section (2) of section 33
This power-of-attorney has been voluntarily executed by________________ _____ Occupation_______ age_______ at present residing at__________ 45[I have satisfied myself in this behalf by personal examination of______________/by examination of the said___________________________ on commission.]
Dated___________
[Seal]
Signature of the person identifying the principal.
Signature of the Registrar/Sub-Registrar.
——————
FORM ‘X’
(See Rule 70)
To,
A.B.
The accompanying power-of-attorney/document, dated the____________ day of____________ purporting to have been executed by_________________________ has been presented for attestation or registration, as the case may be, in this office. As it is necessary to ascertain whether it has been voluntarily executed by the person by whom it purports to have been executed, you are hereby directed to take the examination of__________________________ upon the interrogatories hereunto attached, and to return this commission with the examination of the said___________________________________ _____________________ to this office on or before the__________ day of_________________.
Given under my hand and seal this______________ day of________
[Seal]
Signature of Registrar/Sub-Registrar
—————-
FORM ‘Y’
(See Rule 71)
Register of Refunds on account of:- (a) deeds refused for registration or withdrawn, (b) fees surcharged or (c) fines remitted in the registration office of______________
| Date of submission of the bill for sanction | Date of receipt by registering officer of bill | Amount of bill | Name in full and residence of the payee |
| (1) | (2) | (3) | (4) |
FORM ‘Y’ contd.
| Reference to pages and volume of Cash Book in which entry regarding fee to be refunded appears and No. of documents | Date of delivery of refund bill to payee or Treasury Officer (as the case may be) | Signature in acknowledgment of receipt of bill or amount by payee of bill or by Treasury Officer (as the case may be) | Signature of registering officer |
| (5) | (6) | (7) | (8) |
———
47[FORM ‘YA’
(See Rule 71-A)
Certificate under section 80-A and rule 71-A
Certificate No.___________ of____________
Certified that an amount of Rs________________ is recoverable from Shri____________________ of P.O_________________ Taluka__________ by the Collector of_________________________ as arrears of land revenue in respect of 46____________________________________ for Rs________________ presented by the said Shri__________________________________ in the Sub-Registrar’s office________________ at S.No____________ on_________________.
Inspector-General of Registration
Copy forwarded with compliments to the District Registrar,___________________ with a spare copy for the Sub-Registrar,_________________ to whom it should be forwarded for information.
————————–
Note.— In those offices in which there is no Sub-Treasury close at hand the number and date of the communication from the Sub-Treasury office acknowledging receipt of the bill should be entered in column (7).
————–
FORM ‘YB’
(See Rule 71-A)
Form of report of recovery under section 80-A of the 48[Registration Act, 1908]
To,
The Inspector General of Registration,
Maharashtra State, Pune.
Sub:- Recovery under section 80-A of the 48[Registration Act, 1908].
It is reported that an amount of Rs____________________ has been recovered from Shri________________________ of____________________ P.O._________ of__________________Taluka__________________ as per certificate___________ No______ of the Inspector-General of Registration, Maharashtra State, Pune and credited into the sub-Treasury/Treasury________ of_________ under 00.30-Stamps and Registration Fees___________ on________________.
Tahsildar of______________
Copy forwarded with compliments to the District Registrar________
Copy to the Sub-Registrar_________________]
————–
FORM ‘Z’
[SeeRule74]
From:-
The Sub-Registrar of_____________
To,
Shri/Smt./Kum.___________________
You are hereby given notice that a deed of_______________ presented by you or by____________________ on your behalf on______________ has now remained unclaimed in this office for a period of two years. If the abovenamed document be not taken away on payment of the maximum extra fee of Rs__________ by you or by the person authorised on your behalf to do so, within sixty days from this date, I shall take steps to have destroyed under the provisions of section 85 of the 48[Registration Act, 1908.]
Date:-________________
Sub-Registrar______________
————-
FORM ‘AA’
[See Rule 75]
Registration Inspection Report of________ office, District______________
| Question | Answer | |
| 1. | (a) Name and grade of Sub-Registrar. (b) Date of appointment to present station. | |
| 2. | (a) Is the office held in a Government or rented building? (b) Are the office premises and furniture kept tidy and clean? (c) What repairs or improvements are necessary? | |
| 3 | (a) Are the records in a good state of preservation, properly secured, arranged and labelled and readily available (i.e. vertically stacked on the shelves) when required for reference? (b) Are the record receptacles properly protected against damage by insects? (c) Is the catalogue of records maintained properly? | |
| 4. | (a) Are the thumb impressions clear 49[********]? (b) Is the 50[ink pad] carefully preserved? | |
| 5. | State reasons for any noticeable increase/decrease as ascertained from the Sub-Registrar in the number of total registrations (see Return T, Part I) in the last two completed calendar years and in the current year to date. | |
| 6. | State the dates from which there are arrears of— (1) Copying_____________ (2) Indexing______________ | |
| 7. | Is the work reasonably up-to-date? Are the arrears unjustifiable? | |
| 8. | (a) What establishments permanent and temporary are working under the Sub-Registrar? (b) Which are the busy months? (c) During the remainder of the year is the daily work sufficient to justify present permanent establishment? | |
| 9. | State the share taken by the Sub-Registrar himself in the work of the office. | |
| 10. | (a) State whether ‘A’ forms for the preceding month have been sent to the proper officers. (b) Whether ‘A’ forms of the current month are prepared up-to-date in the Sub-Registrar’s own handwriting? | |
| 11. | Do the copyists write a good hand and is their work neat and accurate? | |
| 12. | Is the balance of money on hand correct according to the Cash Book? | |
| 13. | State whether the permanent advance is duly forthcoming or, if the portion thereof has been expanded, the balance in hand is correct. | |
| 14. | Do you consider that the visits (or their duration) if paid by the Sub-Registrar are necessary or whether any change is required therein? | |
| 15. | (a) State whether in your opinion the general condition of the office is good, ordinary or poor, adding an explanatory remark you consider advisable (offices the condition of which is not strikingly above average should be considered ordinary)? (b) Do you consider that the work is performed as expeditiously it should be, in all its branches? If not, what remedy would you propose? | |
| 16. | Date of Inspection. |
———
FORM ‘AB’
[SeeRule78]
Statement of Instruments registered and of the value of Property transferred by registered Instruments together with the fees thereof in the District of__________ for the year____
| Immovable Property (Book I) | |||||||||
| Compulsory Registration affecting immovable property | |||||||||
| District | Number of registration offices | Gifts of immovable property Section 17(1) clause (a) | Sales or exchanges of any value | Mortgages | |||||
| Number | Aggregate value | Number | Aggregate value | Number | Aggregate value | ||||
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | ||
| District | Number of Registration offices | Immovable Property (Book I)—continued | |||||||
| Compulsory registration affecting immovable property—continued | |||||||||
| Other registered under Section 17(a) clauses (b), (c) and (e) | |||||||||
| Number | Aggregate value | ||||||||
| (1) | (2) | (9) | (10) | ||||||
FORM ‘AB’– contd.
PART I— contd.
| Immovable Property (Book I)—contd. | ||||||||||
| Compulsory registration affecting Immovable Property—contd. | ||||||||||
| Certified copies of awards registered under the Bombay Agricultural Debtors Relief Act, 1947. | Leases Section 17(1) clause (d) | |||||||||
| Numbers | Aggregate value | Number | Value of annual rents | Amount of premia | ||||||
| (10A) | (10B) | (11) | (12) | (13) | ||||||
| District | Number of Registration offices | Immovable Property (Book I)—Contd. | ||||||||
| Compulsory Registration affecting Immovable Property—contd. | ||||||||||
| Total compulsory registration affecting immovable property. | ||||||||||
| Number | Aggregate Value | Fees | ||||||||
| (1) | (2) | (14) | (15) | (16) | ||||||
| Optional Registrations affecting Immovable Property | ||||||||||
| Sales or exchanges of value less than Rs.100/- | ||||||||||
| Number | Aggregate Value | Fees | ||||||||
| (17) | (18) | (19) | ||||||||
FORM ‘AB’– contd.
PART I- contd.
| District | Number of registration offices | Immovable Property (Book-I)—contd. | ||||||||
| Optional registration affecting immovable property—contd. | ||||||||||
| Mortgages | Leases | |||||||||
| Number | Aggregate value | Fees | Number | Aggregate Value of rents | Amount of premia | |||||
| (1) | (2) | (20) | (21) | (22) | (23) | (24) | (25) | |||
| District | Number of Registration offices | Immovable Property (Book-I)—contd. | ||||||||
| Optional Registration affecting immovable property—contd. | ||||||||||
| Other registered under section 18 clauses (a) and (b) | Awards (below rupees hundred in value) | |||||||||
| Number | Aggregate value | Number | Aggregate value | |||||||
| (1) | (2) | (26) | (27) | (28) | (29) | |||||
FORM ‘AB’— contd.
PART I—contd.
| District | Number of Registration offices | Immovable Property (Book-I)—contd. | |||||||
| Optional Registration affecting immovable property—contd. | |||||||||
| Miscellaneous registrations other than certified copies of decrees and orders of Court. | Certified copies of decrees and orders of Court. | ||||||||
| Number | Aggregate value | Number | Aggregate value | ||||||
| (1) | (2) | (30) | (31) | (32) | (33) | ||||
| District | Number of Registration offices | Immovable Property (Book I)—contd. | |||||||
| Optional registration affecting immovable property—contd. | |||||||||
| Total optional registrations affecting immovable property | |||||||||
| Number | Aggregate value | Fees | |||||||
| (1) | (2) | (34) | (35) | (36) | |||||
| Total (Compulsory and optional) registrations affecting immovable property columns (14) to (16) and (34) to (36) | |||||||||
| Number | Aggregate value | Fees | |||||||
| (37) | (38) | (39) | |||||||
———-
FORM ‘AB’ – contd.
PART II
Statements of Instruments registered and of the Value of Property transferred by registered Instruments together with fees thereof in the District of_______ for the year_______
Movable Property (Book 4) and Wills (Book 3)
| District | Compulsory | |||||||
| Gifts affecting movable property (section 123 of the Transfer of Property Act, 1882) | ||||||||
| Number | Aggregate Value | |||||||
| (1) | (2) | (3) | ||||||
| Optional | ||||||||
| Certified copies of awards registered under the Bombay Agricultural Debtors Relief Act, 1947 | All other documents relating to movable property | |||||||
| Number | Aggregate value | Number | Aggregate value | |||||
| (3A) | (3B) | (4) | (5) | |||||
| District | Total registration affecting movable property (Book 4) | |||||||
| Number | Aggregate value | Fees | ||||||
| (6) | (7) | (8) | ||||||
FORM ‘AB’— contd.
PART II— contd.
| Optional | Compulsory | ||
| Wills including cancellation (Book-3) | Written authorities to adopt (including cancellations) other than those conferred by Wills (Book 3) | ||
| Number | Fees | Number | Fees |
| (9) | (10) | (11) | (12) |
FORM ‘AB’— contd.
PART III
Statement of Income from Fees on Registration and all other Receipts with the Number of Operations thereunder—
| District | Registration under Sections 25 and 34 | Commission issued (Sections 33 and 38) | |||||||
| Number | Fines | Number | Fees | ||||||
| (1) | (2) | (3) | (4) | (5) | |||||
| Visits paid (Sections 31, 33 and 38). | Inspection of Books 1 and 2 and the Indexes to Book I (Section 57 (1)] | Applications for searching Indexes III and IV and Inspection of Books 3 and 4 [under Section 57(4)] | |||||||
| Number | Fees | Number | Fees | Number | Fees | ||||
| (5A) | (5B) | (6) | (7) | (8) | (9) | ||||
FORM ‘AB’
PART III— contd.
| District | Applications for copies of entries in Books and Indexes | Covers containing Wills deposited (Section 43) with drawn (Section 44) and opened (Section 45) | |||||||||||
| Number | Fees | Number | Fees | ||||||||||
| (1) | (10) | (11) | (12) | (13) | |||||||||
| Power-of-Attorney authenticated | All other receipts | Total receipts | |||||||||||
| Number | Fees | ||||||||||||
| (14) | (15) | (16) | (17) | ||||||||||
| District | Total of all registrations Part I Columns (37) and (39) and II Columns (6) and (8) to (12) | Total Income | Refunds and withdrawals | Total expenditure (Part IV) | Total net income | ||||||||
| Number | Fees | ||||||||||||
| (1) | (18) | (19) | (20) | (21) | (22) | (23) | |||||||
———-
FORM ‘AB’—contd.
PART IV
Statement of expenditure in the District of______ for the year____
| District | Fixed salaried of Registering Officers | Percentage paid to Registering Officers | |||
| (1) | (2) | (3) | |||
| Cost of Establishment | Other items of expenditure | Total expenditure | |||
| Permanent | Temporary | Total | |||
| (4) | (5) | (6) | (7) | (8) | |
———-
FORM ‘AB’— contd.
PART V
Statement of Principal Operations other than the Registration in Books 1, 3 and 4 in District of__________ for the year______.
| District | Wills removed into Courts in pursuance of their orders, copy being kept in Book 3 under section 46. | Refusals to register (sections 72 and 76) | Appeals against such refusals (section 72) and applications under section 73 regarding such refusals | |
| Registration ordered | Registration refused | |||
| (1) | (2) | (3) | (4) | (5) |
FORM ‘AB’— contd.
PART V—contd.
| Registration ordered by Civil Court [Section 77(1)] | Prosecutions [section 83] | Number of certificates filed in Book No. 1 and number of orders filed under section 89. |
| (6) | (7) | (8) |
———-
FORM ‘AC’
(See rule 80)
List No._________ Bag No.________
Pad No.________
Documents sent to Government Photo Registry, Pune on______________
| Serial No. | Number of sides | Name of Party | Remarks. |
| (1) | (2) | (3) | (4) |
| Total No. of Documents:_________ Total No. of Sides (including extra Sides:-______________ Sub-Registrar of_____________ |
These columns are intended to be used at the Photo Registry.
| Received on | Photographed on | Printed on | 1st despatch | Completion | Film stored on spool No. |
| (1) | (2) | (3) | (4) | (5) | (6) |
————-
51[FORM ‘AD’
(See rule 86)
Sub-Registry Office,_______ Book No.________ Volume No._______
Certified that this book contains S.Nos._________ to ______________ of the year_______ with the exception of the following:
| Serial Number | Written in Manuscript | Entered in Book Number 3 or 4 | |
| Volume | Pages | ||
| (1) | (2) | (3) | (4) |
| Certified that this book contains following Serial Numbers pertaining to the year_________ Sub-Registrar__________________]51 |
———-
FORM ‘AG’
(See rule 87)
Certificate of the Register Book of Photo-Prints
CERTIFIED that the prints in this book are serially numbered and bound under my supervision; and the sealing of the metal seal is done by me; and that the book contains pages 1 to_______________.
Date___________, _____
Inspector of Registration
Office_________ Division_______
————–
Foot Notes:-
1. Deleted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
2. Inserted by Govt. Notification ibid.
3. Deleted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
4. Inserted by Government Notification ibid.
5. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
6. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
7. Inserted by Government Notification ibid.
8. Inserted by G.N.R and F.D.No. RGN-1088-CR-649-M-1, dated 26th July 1989.
9. Inserted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
10. Inserted by G.N.R and F.D.No. RGN-1088-CR-649-M-1, dated 26th July 1989.
11. Deleted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
12. Added Government Notification RD-NOR-GN 1088/CR-649-M-1, dated 26.9.1962.
13. Government Notification R and F.D. NOR-GN-1076-159221-M-I, 22.6.1976.
14. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
15. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
16. Inserted by G.N.R and F.D. Ibid.
17. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
18. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
19. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
20. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
21. The registering officer shall affix his initials exactly at the point where the true copy certificate ends.
22. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
23. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
24. Substituted by G.N.R and F.D.No. RGN-1157-II-N, dated 12th September 1962.
25. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
26. Inserted by G.N.R and F.D.No. RGN-1167-49386-N, dated 10h July 1968.
27. Deleted as per G.N.R and F.D.No. RGN-1080-CR-319-M-I-N, dated 4th July 1983.
28. Substituted by G.N.R and F.D.No. RGN-1562/11983-N, dated 2.9.1963.
29. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
30. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
31. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
32. Here insert the name of the district.
33. Here insert the name of the sub-District.
34. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
35. Substituted by G.N.R and F.D.No. RGN-1076-161723-M-1, dated 4.11.1980.
36. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
37. This form of endorsement by the receiving and filing office should also be adopted in the case of copies filed in supplement to Book No. I, Parts III and IV.
38. Substituted by G.N.R & F.D.N. R.GN-1563/80752-N, Dt. 4.11.1965.
39.Added as per G.N.R & F.D.No. Ibid.
40. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
41. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
42.If these documents are not taken within sixty days from the date of this notice, they will be destroyed.
43. Deleted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
44. Here specify the Name of the Sub-district.
45. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
46. Here describe the document.
47. Inserted by G.N.R.F.K. No.RGN.115749386-N, dated 10th July 1958.
48. Substituted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28th July 1971.
49. Deleted by G.N.R and F.D.No. RGN-1670/256055-N, dated 28.7.1971.
50. Substituted Ibid.
51. Substituted for forms “AD, AE, AF”, by G.N.R & F.D.No-RGN-1080-CR-319-M-I, dated 4th July 1983.
–@@—-@@—-@@—-@@–