Deed

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Deed

 

Q: Who is authorized to write a deed?

 

Ans: Deed may be personally written by the executant or may be drafted by a licensed deed writer or advocate.

 

Q: Is it necessary to register immovable property by Government as inam or granted on darkhast (Application)?

 

Ans: They are exempted from registration. Khatha is effected on the basis of orders of Government (see Sec.90 of Registration Act 1908).

 

Q: Are there any kind of documents registered without personal appearances of the parties for registration?

 

  1. Mortgage deed executed under Improvement Loans etc.
  2. Certificate of sale issued by revenue court.
  3. Documents executed by farmers in favour of primary co-operative land development bank to obtain loan and loan bonds executed by farmers in favour of banks under Karnataka Agricultural Credit Co-operations and Miscellaneous Provisions Act 1975 are sent under Sec.89 of the Registration Act and they are filed.

 

Q: Is it necessary to register deed relating to transfer or assignment of decree relating to immovable property?

 

Ans: If value of the property involved in decree is Rs.100 or more and creates, declares, transfer, limit or extinguish right it should be compulsorily registered (See Sec.17 (e) of Registration Act).

 

Q: Explain the registration of adoption deed?

 

Ans: Adoption deed maybe executed and registered like any other deed. Stamp duty Rs.45 and registration fee Rs.200 are leviable on it.

 

Q: On which grounds, Registrar can refused to register the deeds?

 

Ans: The Sub Registrar can not refuse to register the deeds for any other reason except the reasons mentioned below:

 

  1. If the property mentioned in the deed papers does not fall under his jurisdiction.
  2. If the person, who wants to get his deed register, refuse to do so.
  3. If the seller is Minor or Insane/mad or he does not know how much land area he is selling and for how much amount he is selling the same
  4. If the owner, who gave the power of Attorney has already died or the Power of Attorney has been cancelled or the rights of selling the property is not mentioned in the Power of Attorney.
  5. If there is any Stay Order by any court of Law on the said deed.
  6. If the ownership of actual land is less than the land area being sold.
  7. If there is no proper identification of the seller or there is doubt that the seller who is selling the property is not an actual owner of the property.
  8. If there is cutting or overwriting in the deed papers.
  9. If Farad (Document of Land Record) is not attached in original with the deed papers or the Farad attached is more than 2 months old. Because it may happen that the land in question might have been sold before or there may be any stay order by Court of Law in the meanwhile.