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State of Rajasthan - Section

Section 83 in Rajasthan Registration Rules, 1955

83. What circumstances to be entered in the Minute Book and what not.

(1)A refusal to register is not a suspension but a final termination of the proceedings, and in such a case the record is made in register No. II. not in the minute book.
(2)Every other circumstance which causes an interruption of the proceeding between the presentation of a document, and its admission to registration, however, brief that interruption may be, must be made the subject of separate entry' in the minute book stating why proceedings were interrupted, and also, if a necessary, of a second entry recording the removal of the impediment and the completion of the registration.
(3)In cases in which refusal has to be recorded on a date subsequent to the adjournment of proceedings after entry in the minute book a reference to the entry' in book 2 should be given in column 2 against the last entry' of adjournment. Thus, in the commonest case, of nonappearance of an executant, there must be in the first place an entry to this Or similar effect:"Deed of sale, dated the 1st February, 1898. of a two anna share in Mahal Rampur by A B in favour of C & D. presented by the latter this 10th day of February. 1951, A B is not present. Registration postponed and process issued". Then, if executant appears there will be a second entry:"Document referred to in serial number so and so, A B having appeared registration completed, dated, etc." In this case of the process were ineffectual there would be no further separate entry, the eventual refusal being recorded in register II with a reference to the first entry in the minute book, and to the entry in book No. II in the second column against the first entry in the minute book.
(4)Similarly the reasons for non-compliance with an application for inspection or copy should be concisely recorded, and if the objection is subsequently removed and the application is granted, a second entry stating the fact should be made. The method of filing in column 2 so as to connect entries relating to the same document together, is another point which is not understood. The object of the reference number is to enable each document to be traced through all the entries referring to it in the register.The following example will show clearly what is required
Annual S. No. Reference number and number of book and serial number of document (if any) Notes of Proceedings
1 2 3
1 4 Deed of mortgage by A, B to C, D of 100 bighas in Mahal Rampur, dated the 5th January, 1951. Impounded as not duly stamped and sent to Collector this 12th Day of January, 1951.
2 (Blank) Deeds of sale by E, F to G, H of a house and grove in Jalalpur, dated the 12th February, 1951. Returned for presentation to S.R. Udaipur the proper office, this 20th day of February, 1951.
3 7 … … …. Deed of mortgage of a 2 anna share in Mahal Ram Prashad, mauza Bali, by J, K to L, M dated the 8th March, 1951, Erasures not attested. Returned for compliance with section 20 of the Registration Act, this 15th day of March 1951.
4 I-Book I, Vol. 122, No. 124 Deed referred to in serial No. 1 received back duly certified by Collector as to stamp. Registration completed this 17th day of March 1951.
5 8 ... … … Deed of sale of house and garden in Mohalla Uparkot. Qasba Fatehpur, by N.O. to P.Q. Dated the 8th March, 1951. Presented by P.Q.N.O. Does not appear. Registration referred pending return to prosses issued this 8th day of March, 1951.
6   Application by R.S. Dated the 20th March, 1898, for copy of document No. 10, Book 3 Vol. 2 being the will of T.O. Refused under section 57 of the Registration Act, testator being alive.
7 3 … … …(Book 1, Vol. 22 No. 196) Document referred to in serial (No. 3) represented after compliance with section 20 of the Registration Act and registered this 25th day of March, 1951.
8 5 …. …. ….(Book 1 Vol. 22, No. 224) Document referred to serial No. 5 N.O. Having appeared and admitted execution registration completed this 10th day of April, 1951.