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State of Rajasthan - Section

Section 85 in Rajasthan Registration Rules, 1955 Volume II

85. District Registrars to dispose of references from Sub-Registrars.

- District Registrar should, as far as possible, themselves dispose of references from Sub-Registrars, and should not transmit them to the Inspector General unless his orders are really required. This caution is necessary because a great proportion of the references that reach the Inspector General's office are on points which have already distinctly provided for and should have been disposed of in the District Registrar's office. But where a point of law or of procedure not already provided for is raised, or where the question is one of general application, the District Registrar should refer it for orders by means of a letter which should fully state the case, and the District Registrar’s opinion thereon.Appendix IForm No. 17(Rule 84)Stock Book of Forms
Name of Office........ Name and description of forms........
Date Number of copies received Number issued Balance To whom issued Purpose for which issued Signature of person receiving
             
Appendix IIIForm No. 1(Rule 63)Weekly report of documents and applications for copies which remained incomplete for three days from the date of presentation during the week ending......
Document Application for copies Remarks
Number Date of presentation Number Date of presentation Explanation of delay in registering or returningdocument or delay in the issue of copies
         
Office...........District......Sub-RegistrarDated.........ToThe District RegistrarDistrict......Sub-Registrar,........................Appendix - III - Form No. 2(Rule 64)District RegistrarStatement of the office of the District Registrar/Sub-Registrar District.........Sub-RegistrarShowing Registration and receipt for the month of......19
Name of the office Class of document Previous balance Presented during the month Total of column 3 and 4 Disposed of
Registered during the month Registration refused Total
1 2 3 4 5 6 7 8
               
    Fees realised    
Balance Amount of stamp duty of document For registration Charge of Copying into register Other receipts including fees forvisit paid Total of columns 11, 12 and 13 Remarks
9 10 11 12 13 14 15
             
Appendix - III - Form No. 3(Rule No. 66)Annual Return:- Statement of Instruments registered and of the value of the property transferred by registered documents together with the fees thereof and miscellaneous receipts in the district of ........for the year 19
Serial No. Registration District Number of Registration Officers Immovable property (Book I)
Compulsory registrations affecting immovableproperty
Gift of immovable property [Section 17(1), clause(a)] Sale or exchange of any value Mortgage Others registered under Section 17 (1) clauses(b), (c) and (e) Lease [under section 17 (1) clause (d)] Total compulsory registrations affectingimmovable property
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Value of annual rents Amount of premia Number Aggregate value Fees
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
                                 
Immovable property (Book I)
Optional registrations affecting immovableproperty
Lease Others registered under section 18, clauses (a)and (b) Awards below Rs. 100/- in value Miscellaneous registrations other than certifiedcopies of decrees and orders of court Certified copies of decrees and orders of court Total optional registrations affecting immovableproperty Total [Compulsory and Optional affectingimmovable property (Clauses 15 to 17 and 29 to 31)]
Number Aggregate value Amount of premia Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Aggregate value Fees
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34
                                 
Movable Property (Book IV) Book III
Compulsory Optional Optional Compulsory
Gifts affecting movable property (section 123, clause 2, Transfer of Property Act) All documents registered under section 118, clause (d) & (f) other than bonds for obligations for payment of money Bonds or obligations for payment of money [section 18, clause (f)] Total registrations affecting movable property (Book (IV) Wills including cancellations (Book III) Written authorities to adopt (including cancellation) other than those conferred by will (Book III) Total of the registrations columns 32, 34, 41 43 and 47
Number Aggregate value Number Aggregate value Number Aggregate value Number Aggregate value Fees Number Fees Number Fees Number Fees
35 36 37 38 39 40 41 42 43 44 45 46 47 48 49
                             
Miscellaneous receipts
Registrations under sections 25 and 34 Commissions issued and visits paid (Sections 31,33 and 38) Inspections of Books I and II and the indexes toBooks I [section 57 (i)] Applications for searching indices III and IV andinspections of Books III and IV [under section 57 (iv)] Applications for copies of entries in books andindexes Covers containing wills deposited (Section 42)withdrawn (Section 44) and opened (Section 45) Powers of Attorney authentication All other receipts Total miscellaneous receipts (Columns 50 to 57) Total gross income (Columns 49 and 58) Refund or draw-backs Total expenditure Total income
Fees Fees Fees Fees Fees Fees Fees
50 51 52 53 54 55 56 57 58 59 60 61 62
                         
District...........Dated..............RegistrarNotes:-(1) Columns 6 and 7 should show all the instruments of sales of value below or over Rs. 100/-.
(2)Columns 8 and 9 should show all the instruments of mortgages of value below or over Rs. 100/-
(3)Columns 12, 13 and 14 should show perpetual leases and other leases as have been compulsory registered under section 17, clause (d) of the Registration Act, 1908 or under sections 107 and 117 of the Transfer of Property Act, 1882, as amended by sections 5 and 6 of Act VI of 1904.
(4)Columns 18 to 20 should show instruments of leases for one year or less [section 18. clause (c) of the Registration Act, 1908) and those exempted under the proviso to section 17 of the Act or exempted under the proviso in section 107 of the Transfer of Property Act, 1882, as amended by section 5 of Act VI of 1904.Appendix - III - Form No. 4(Rule 71)Statement showing number of inspections of Registration offices by Inspector-General of Registration District Registrars and Inspectors of Registration offices during the year ending.......
District Office Date of inspection Letter forwarding the inspectionnote to the Inspector-General
By Inspector General of Registration By District Registrar By Inspector of Registration offices Number Date Explanation of absence inspection
1 2 3 4 5 6 7 8
               
District...............Dated .................District Registrar.............................Appendix - III - Form No. 5(Rule 77)Indent for registration books and forms required for offices in the registration district of the year ending................
Registered number of forms Description of forms Average Annual Consumption for three last years Number of copies received on 1st indent Number at present in stocks Number now indented for Remarks
1 2 3 4 5 6 7
             
1. Book No. I.2. Book No. II.3. Book No. III.4. Book No. IV.5. Book No. V.6. Book No. VI.7. Book No. VII.8. Book No. VIII.9. Receipt Book.10. Register ofapplications for copies.11. Register ofsearches.12. Register ofinspections.13. Register ofinspections of registration office.14. Register of fees.15. Minute Book.16. Register ofdocuments impounded.17. Stock book offorms.18. Catalogue ofRegisters and books.19. Register ofdocuments received by post.20. Register ofsaleable forms.21. Cash Book.22. Objection slip.23. Index No. I.24. Index No. II25. Index No. III.26. Index No. IV.27. Weekly reports ofdocuments and copies undelivered.28. Monthly statementshowing registration receipts and expenditure.29. Annual returnstatement of instruments registered.30. Annual statementof inspections.31. Indent of formsand registers.32. Invoice ofunclaimed documents.33. List of booksetc. for destruction.34. List of registersetc. sent by S.R. to the Central Record Office.35. Copies ofdocuments forwarded under sections 64 & 67 of the Act.36. Form of memorandumof document forwarded under sections 64 & 67.37. Receipt for copyof memorandum for document, forwarded under section 64 & 67.38. forms ofapplication for copy.39. Form of Generalinspection and search.40. Form ofapplication for search and inspection of a single entry ofdocument.41. Register ofunclaimed documents.42. List of unclaimeddocuments to be posted on the notice board.43. Form of diary of[Deputy Inspector Generals] [Substituted by No. 4 (6-5-1993).]of Registration offices.44. Form of inspectionreport of the[Deputy Inspector Generals] [Substituted by No. 4 (6-5-1993).].45. Form of diary ofsub registrars (whole time).46. Form of application for registers.
Form No. 17 Appendix III(Rule 15)Diary of [Deputy Inspector General] [Substituted by No. 4 (6-5-1993).] of Registration offices............Circle, for the month of ........19 ..........
Date Journeys performed and business transacted
Summary
Names of offices inspected. Number of days taken in inspecting each office.
Number of days on tour during the year
Upto the end of the previous month During the month Total
Forwarded to the Inspector General of Registration, Rajasthan, Jaipur.Dated...........[Deputy Inspector General] [Substituted by No. 4 (6-5-1993).] of Registration and StampsOffice.........Circle ........Form No. 18 Appendix III(Rule 23)Inspection ReportRegistration DepartmentI - Office Inspected
District. Offices Sub-Registrar's name and date of appointment anddate of posting to present office. Registration clerk's names salaries and date ofappointment.
II. Date of inspections.
Present inspections  
Inspect or /- District Registrar Inspector General of Registration
III. Statistics of business during the past two years and in the current year to date of inspection
Year Book I. Supplementary Book I Book II Book III Book IV Book V Book VI Book VII Book VIII
  Copies Inspections Searches  
Year Number Income Number Income Number Income Total Income Total Expenditure Total number of documents impounded
Question Number IV-Remarks on registers I to IV and VI to VIII inclusive.
Question Number V-Remarks on the index and subsidiary books.
Question Number VI-General Remarks
Form No. 19 Appendix III(Rule 62)Diary of the Sub-Registrar.........Sub-District.................Name of Sub-Registrar............Name of clerks (i).......... (ii)........
Date Hours of Previous day's balance of work Amount of work received during the day Total number of work for disposal (total ofcolumns (4) and (5) Amount of work done by Work pending at the close of the day Remarks and signature of Sub-Registrar
Arrival Departure Sub-Registrar Clerks
1 2 3 4 5 6 7 8 9 10
Appendix IIIForm No. 20(Rule 80)Application for Registers
Office of Sub-Registrar…............Volume..........Book..........beingneatly filled,Volume..........is required.Date.............. Sub Registrar
Office of[Deputy Inspector General] [Substituted by No. 4 (6-5-1993).]Registration...........Volume.............Book...........isthis day forwarded.Its receipt should beacknowledged.Date............... [Deputy Inspector General] [Substituted by No. 4 (6-5-1993).]ofRegistration
Office of Sub-Registrar…...............Volume.............Book..............hasthis day, been received.Date.......... Sub-Registrar
Appendix V(Rule 21)The following questions have been drawn up as a inspection of registration offices by Deputy Inspector pointed under section 8 of the Indian Registration Act.Registers I to IV and VI to VIII
I-General
1. Are all the prescribed registers maintained? (Rule 25)
2. Have the registers been examined as to the correctness ofthe number of pages and the numbering of the pages, and has theresult been noted on the title page? (Rule 26)
3. Has the certificate as to the number of entries during theyear been recorded after the last entry in completed volumes? (Rule 27)
4. Has the certificate as to the number of entries made incurrent volumes and the number of pages on which they are writtenbeen recorded at the close of the year after the last entry forthe year? (Rule 27)
5. Do the consecutive number of entries in each year begin andterminate with the calendar year i.e., 1st January to 31stDecember? (Rule 28)
6. If two concurrent volumes of any register are kept up arethe documents registered in the manner prescribed? (Rule 29)
7. Has the keeping up of concurrent volumes been sanctioned bythe District Registrar? (Rule 29)
8. Have the entries in the register been correctly and neatlymade and properly authenticated? Are corrections made in red ink? (Rule 58)
9. Have the documents been presented in the proper office andthe proper time? Does the Sub-Registrar fully and thoroughlyunderstand the law as to jurisdiction as explained in rule 92 andas to the time within which registration can be affected asexplained? (Rules 94 and 99 to 103).
10. Have the documents been presented by persons competent todo so? Does the Sub-Registrar fully understand the directions? (Rule 104 to 107 and 109).
11. Have fees (including penalty for extension of time undersections 25 & 34) been correctly levied and at the propertime?  
12. Have all the executants by whom the document purports tohave been executed appeared in time? (Rule 100).
13. In case of documents executed by several persons jointlywhere some appear and admit execution and some neglect to appearinspite of summons having been duly served on them? Has theprocedure described in rules 45 and 46 been correctly followed?  
14. In cases where documents presented have been written in alanguage not commonly used in the district and not understood bythe Sub-Registrar, have they been accompanied by a true copy anda translation in the language commonly in use? (Rule 84)
15. Have the documents been copied into the proper books? (Rule 126).
16. Have the endorsement of presentation, identification andadmission of receipt of consideration (if any) and thecertificates of registration been recorded in the prescribedforms? (Rule 185)
17. Do the certificates of registration prescribed in section60 correctly describe the registration number, book, volume andpage of the register, and is it invariably dated? (Rule 127).
18. Is the record of every document compared with the originalby some person other than the copyist, and have both copyist andexaminer appended their signature to the entries in theregisters. (Rule 57)
19. Have interlineations, blanks, erasures or alterations inoriginal documents been attested with the signature or initialsof executing parties? (Rule 95)
20. Is the certificate as to figures and amounts mentioned indocuments invariably recorded? (Rule 30)
21. When an instrument superseding, cancelling or rectifyingan original registered document is registered, is the fact of thesubsequent registration noted on the margin of the copy of theearlier document? (Rule 32).
22. Does the Sub-Registrar fully understand the distinctionbetween “searches” and "inspections” (Rule 129).
23. Does the Sub-Registrar fully understand the directions in (Rule 129 to 146)?
24. Does the Sub-Registrar understand the procedure to befollowed when a court sends a copy of a decree directingcancellation of a registered document? (Rule 181)
25. Have civil court sale certificate been presented forregistration by holders of certificates and have they been dealtwith as laid down in. (Rule 163).
26. Does the Sub-Registrar understand the correct method ofdealing with deeds of transfer of hypothecation of standing treesother than those sold in execution of decrees by order of courts? (Rule 55).
27. Are instruments evidencing sale or exchange of immovableproperty of a value less than Rs. 100 registered in Book No. 1and classed as “compulsory” in the accounts?.  
28. Is sufficient care taken to ascertain that the witnessesas to identification of executants in registration proceedingsare really able to identify the persons to be identified? (Rule 110).
29. Is the procedure laid down for the identification ofpardanashin ladies strictly followed? (Rule 111).
30. When patwaries attend the office for the purpose ofidentifying a person executing a document, is a note made intheir roznamchas of the fact and cause of attendance under thesignature of the Sub-Registrar?  
31. Are they any documents in hand awaiting registration orreturn to owner? If so, how many, and what is the cause of delay?  
32. Have all completed registers of over five years standingbeen transferred to the central office of record? If not, whynot? (Rule 15).
33. Are the registers in good conditions, or do any requiredrebinding, and how many?  
34. Are there any spare blank volumes of registers in hand? (Rule 80 Vol II).
II-Special points as to Registers I to IV andVI to VIII
Book I
35. Has any document registerable in anothersub-district been inadvertently registered in the sub-districtunder inspection? If so. has the defect been remedied and how'?  
36. Does the document contain a description ofthe immovable property to which if relates sufficient to identifythe same? (Rule 85)
37. Are copies of documents in foreign languagestranslations maps or plans presented with documents duly filed?Have they been numbered and dated? (Rule 34).
38. In the case of documents in which theimmovable property effected by the documents is not whollysituated within the sub- district has a copy of the document ormemorandum been sent to the District Registrar of the districtfor transmission to the proper office? (Rules 170 to 172).
39. Have copies of decrees and orders receivedbeen properly certified, and do they contain a sufficientdescription of the property to which they relate?  
40. Have copies and memoranda received fromother offices, been properly numbered and filed? (Rule 34)
41. Are the reasons for refusals to registerclearly and briefly recorded and in accordance with. (Rule 37).
42. Does the Sub-Registrar refuse to register adocument merely because the executant is unwilling that thedocument should be registered although execution is not denied? (Rule 42)
43. Is the procedure followed in cases whereregistration is admitted as to some of the parties to a document,but refused to as to rest in accordance with rule 45?  
Book III
44. Does the Sub-Registrarunderstand the distinction between a will' and an "authority to adopt"? (Rule 48).
Book IV
45. Are gifts of movable property, where the property is notdelivered to the donee, registered in this book? (Rule 50).
Book VI
46. Do the abstracts of powers of attorney authenticated showthat authority was given to present documents for registration,and in the case of special powers the offices where such powersare intended to be used? (Rule 52).
47. Does the Sub-Registrar understand that all powers ofattorney to be authenticated must be signed and executed in hispresence? (Rule 52).
Book VII
48. Does the Sub-Registrar issue commissions instead ofhimself attending to requisitions under sections 31. 33 and 38?If so, in how many cases: have the clerks of the office been soemployed? (Rule 118).
49. Have the travelling expenses been correctly levied? (Rule 53).
Book VIII
50. Is the method of securing the identification of executantsby means of thumb impressions in force in the office? If so, arethe rules understood and are the impressions clear andsatisfactory? (Rule 113).
51. Is the apparatus for taking impressions in working orderand clearly kept? (Rule 113).
III-Indexes and Subsidiary Books
Indexes
52. Have the indexes for previous years been properly arrangedin alphabetical order, and are the volume firmly bound? (Rule 64).
53. Are the current indexes clearly written and up to date? Ifin arrears, for what period? (Rule 148).
54. Are the indexes correctly prepared and the rules fullyunderstood? A few of the entries In each index should be tested? (Rule 65 to 71).
55. Are certified copies of decrees, orders of court,memoranda and sale certificates Properly indexed? (Rule 60 to 71).
56. Are names of persons claiming under wills or authoritiesto adopt indexed after the death of the testator or donor? (Rule 62)
57. Are all entries respecting documents recorded in file BookNo. 1 indexed in red ink? (Rule 72).
Subsidiary Book
Register of fees
58. Have the proper fees been levied in each case, and do theentries on account of fees in the registers, receipt book, feesbook and treasury challan agree?  
59. Are all fees paid at once brought to account? (Rule 74).
60. Is the book totalled daily as well as monthly and are thetotals verified by the signature of the Sub-Registrar? (Rule 74).
61. Are the amounts written in English figures?  
62. Are all the payments of fees endorsed on the document onaccount of which they have been received?  
63. Are the receipts of the office brought to the credit ofGovernment on the dates prescribed? (Rule 74).
64. Are all credits supported by treasury challans? Have thecredits been classified in the challan as laid down in (Rule 74).
Receipts Books
65. Are the books numbered consecutively by the calendaryear? (Rule 76)
67. Have all the returned receipts been pasted on to theirrespective counterfoils, and do they bear the signatures of thepersons entitled to receive back the documents? (Rule 76)
68. Does the Sub-Registrar take care that the date of returnof document on the receipt is written by the recepient of thedeed, and not by the clerk and that wrong dates are not enteredon receipts to cover delay in returning documents? (Rule 76)
69. Does the number of unreturned documents present in theoffice correspond with the number of absent counterfoils?  
70. Are documents promptly returned after registration?  
71. Do all applications for copies bear court-fee stamps ofone anna? Have the stamps been punched? (Rule 130)
Register of copies granted and register ofsearches
72. Does the Sub-Registrar understand that all inspections ofbooks and indexes of which inspection is allowed are to be madein his presence? (Rule 139)
73. Are restrictions as to grant of copies and search forentries in Books III and IV carefully observed? (Rules 47 to 49).
74. Are proper stamps used' for all copies (Rule 148).granted? (Rule 148).
75. Are the copying fees and search fees realised noted on theapplications for copies and searches, with dates showing whenapplication was received and when satisfied? (Rule 149).
76. Are applications for copies, inspection and searchespresented on the prescribed printed forms and the sale-proceedsof these forms duly accounted for?  
77. Does the number of saleable forms shown as received in theregister (Form No. 20. Appendix I) tally with the number in theverified monthly statements prescribed under? (Rule 64).
78. Is the amount of sale proceeds duly credited to thetreasury under proper head?  
79. Are applications for search or for copy filed in annualbundle? (Rule 149).
80. Has there been any marked increase or decrease in thereceipt on account of copies and searches? If so, is there anyreason for it?  
Order file
81. Is the order file kept up and properly arranged? Have theorders emanating from the Inspector General and the DistrictRegistrar been properly pasted in? Are any lying loosely aboutthe office? Are list of contents prepared yearly, and have theybeen properly prepared? (Rule 81).
82. Have all correction slips to the Manual been properlypasted in? (Rule 81).
Minute Book
83. Are notes of all suspensions of ordinary procedure ofacceptance for and admission to registration made by the Sub-Registrar with his own hand? (Rules 82 and 83)
84. Are entries confined to the points specified in theManual, and do the entries relating to each clearly show theproceedings from the initiation of the case until its disposal?Have reference numbers been properly given? (Rule 88).
85. In cases where documents are returned to parties forcorrection of errors or for completion of description ofimmovable property, does it appear by reference to the error orcompletion, that what was necessary could not have been donethere and then?  
IV - Miscellaneous
86. Is the office accommodation suitable and sufficient? Ifnot. what improvements are necessary and desirable?  
87. Do the clerks sit in the immediate presence of the Sub-Registrar, or in such a place that their movements and work canbe always easily controlled by that office?  
88. Does the Sub-Registrar personally receive all documentsand fees, write the endorsements and return all documents afterregistration? If not. which of these duties have been delegatedand to whom?  
89. Does the Sub-Registrar, or do his clerks, drawn up orengross document or engage in other business?  
90. Are any unpaid apprentices in the office? If so. how many:and has the District Registrar’s authority to theiremployment been obtained? Are they in any way related to theSub-Registrar or his clerks: and if so. how.  
91. Is the staff maintaining its efficiency, keeping properhours and conducting the business of the office with punctuality,accuracy and despatch?  
92. Is the direction in rule 108 understood by theSub-Registrar and complied with? (Rule 158).
93. Is a catalogue of registers, books, etc. maintained? Is itcomplete and fairly and neatly written?  
94. Are the almirahs in good order and the locks serviceable?Are they sufficient or too numerous? Are the contents neatly andmethodically arranged?  
95. Is the table of fees exposed to public view? In officesheld by Ex-officio Sub-Registrars are certain portions of eachday set apart for registration business? Is a notice of hours forreceiving and returning documents exposed to public view?  
96. Are miscellaneous papers properly classified and kept inorder and with method? Are papers of a transitory characterdestroyed at fixed intervals?  
97. Is the general weeding of records to date?  
98. Are the rules regarding the disposal of unclaimeddocuments properly understood and carried out? Are there any inthe office that should have gone to District Registrar?  
99. Do invoices accompany all unclaimed documents sent to theDistrict Registrar for safe custody? Are they properly receiptedand recorded?  
100. Are despatch and receipt registers kept up forcorrespondence? If not, what record is kept?  
101. Is the stock of blank forms neither excessive nordeficient?  
102. Have English inspection notes been translated for Sub-Registrar unacquainted with English?  
103. Is the seal of the office correct? Is it clean and ingood order? Is care taken to obtain good impressions?  
104. Are the annual returns written up monthly?  
105. Is there any material increase or decrease inregistrations? If so. under what class of documents, and what isthe cause of it? Is there any reason for thinking that it is dueto delay and inconvenience caused to parties by theSub-Registrars?  
106. Have all directions on previous inspection notes beencarried out? If not, who is responsible for the omission?  
107. How many documents were impounded by the Sub-Registrarand with what results? Is there any reason to believe that any ofthem were not impounded in good faith?  
[Rules 28 and 28-A, Substituted in place of Rule 28. vide Notification dated 4-10-1990.]