State of Gujarat - Act
The Registration (Gujarat Amendment) Act, 2018
GUJARAT
India
India
The Registration (Gujarat Amendment) Act, 2018
Act 4 of 2020
- Published on 19 June 2020
- Not commenced
- [This is the version of this document from 19 June 2020.]
- [Note: The original publication document is not available and this content could not be verified.]
AN ACT further to amend the Registration Act, l90g in its application to the State of Gujarat.It is hereby enacted in the Sixty-ninth year of the Republic of India as follows:-(1)This Act may be called the Registration (Gujarat Amendment) Act,2018. (2)It shall come into force on such date, as the State Govemment may, by notification in the Oficial Gazerre, appoint. (i)in sub-section (1), - (a)for clause (f), the following clause shall be substituted, namely:- "(f) power of attomey intending to administer, manage and/or alienate immovable property in any manner' Guj.l5 of executed on or after the commencement of the(b)after clause O, the following clause shall be added, namely:- "(k) sale certificate issued by any competent officer or authority under any Central Act or State Act for the time being in force.";(ii)in sub-section (2), clause (xii) shall be deleted. (i)after sub-section (1), the foltowing sub-section shall be inserted, namely:- "(1A) The registering officer may refuse to accept the non-testamentary documents relating to immovable property mentioned in sub-section (l) of section 17, if they are not accompanied by the -(a)proofs of identity of executing and claiming parties and witnesses; (b)proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is to be registered; (c)sign or thumb impression/finger print (if the person is unable to sign) of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration; (d)proofthat the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the ' principal.";(ii)the following Explanation shall be added at the end, namely:- "Explanation.- For the purpose of this section the term "document" shall include the document presented by an electronic means'".(1)In the principal Act, in section 35,the following Explanation shall be added at the end, namely:-"Explanation- For the purpose of this section the term "document" shall include the document Presented by an electronic means.". (1)Every court passing,-(a)anv decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or inimmovable propertv in favour of anv person' or (b)an order to interim attachment or attachment of immovable property or for the release of any immovable property from such attachment shall, in accordance with the rules made in this behalf, shall send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part ofthe immovable property comprised in such decree or order, is situated, and such officer shall file the copy of the memorandum in his Book No I : Provided that, where the immovable prope(y is situated within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be followed in respect ofthe prope(y within thejurisdiction ofeach ofsuch officer. (2)Every officer issuing a certificate of sale or a written demand before the attachment of the immovable property of a defaulter under the provisions of any law relating to Revenue Recovery for the time being in force including the Revenue Recovery Act, 1890, shall,-(a)send a copy of such certificate of sale or written demirnd together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21; (b)where such written demand is withdrawn or attachment of property is lifted or the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his Book No 1: Provided that, where the immovable property is situate within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses (a) and (b) ofthis sub-section shall be followed in respect of the property within the jurisdiction of each ofsuch officers. (1)Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 shatl, within 30 days from the date of mo(gaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, nu." -d' address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description ofthe immovable property in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any Part of - the property is situated, and the said officer shall file the same in his Book No I :Provided that if the propqrty so mortgaged falls within the jurisdiction of more than one registering offrcer, the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of such officers. (2)If, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred to in sub-section (1) before the registering officer or oflicers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid by him together with interest at twelve per cent.from the date of payment and also to compensation for any damages suffered by him, from the transferor. (3)The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the interest of the mortgagor, in the mortgaged property:Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of title deeds which are duly registered under the provisions of this Act. (1)The State Govemment may, by notification in the Oficial Gazette, make rules for carrying out the purposes of section 89A and section 89B. (2)In particular and without prejudice to the generality ofthe foregoing powers, such rules may provide for,-(a)the manner in which notices or true copies of documents shall be prepared, and (b)the manner of filing ofthe notices or true copies. (3)All rules made under this section shall, be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the State Legislature may make, during the session in which they are so laid or the session immediately following. (4)Any rescission or modification so made by the State Legislature shall be published in ihe Oficial Gazene and shall thereupon take effect.