The triplicate mystery in Indian registration act,1908

1) EXECUTION: ACT OF EXECUTING: The word ' Execution ' in its widest sense signifies the enforcement to effect, to achieve: To complete as a legal instrument to perform what is required to give validity to as by write signing and perhaps sealing and delivering as to execute a document or deed. or To perform, to finish, to accomplish an act. or Exclusively with reference to Instruments means ' signed and signature ' Indian Stamps Act, 1899 Section 2 (12).

2) REGISTRATION: The act of registering, recording, Inserting in an official record or register enrolment. Registration in the widest sense means 'Document Registration, Indian Registration Act, 1908. Document Registration is Something written, inscribed, etc which furnishes evidence or information evidence or information upon any subject as manuscript, title deed. Document shall include any matter written, expressed or described upon any substances by means of letters, figures or marks, or by more than one of those means which is intended to be used or which may be used, for the purpose of recording that matter. Documents of Title, Documents which provide conclusive evidence of the ownership of some asset. The deeds to property are a document of title.

3) MYSTERY: TOWARDS EXECUTION & REGISTRATION. MYSTERY IN THIS SENSE MEANS SOMETHING ABOVE HUMAN INTELLIGENCE. All the readers assume this Execution & Registration process is a Ghat Road Journey.

JOURNEY BEGINS – 'MILESTONES IN THIS GHAT ROAD JOURNEY': The Indian Registration Act, 1908 Provides the following mystery Journey – Milestones by way of the Duties and Powers of Registering Officers under various sections from 51 to 70 towards

1. AS TO THE REGISTER – BOOKS AND INDEXES
2. AS TO THE PROCEDURE ON ADMITTING TO REGISTRATION.
3. SPECIAL DUTIES OF SUB –REGISTRAR
4. SPECIAL DUTIES TO REGISTRAR.
5. OF THE CONTROLLING POWER OF REGISTERS AND INSPECTOR GENERAL.

In addition, the Indian Registration Act, 1908 provides some ' DO’s and DO NOTS in the acts of Refusal to Register and the fees for Registration, Searches and Copies, Penalties.

HAIR-PIN CURVES MYSTERY IN THIS GHAT ROAD JOURNEY:

The Indian Registration Act, 1908 designed the following types of various Registers& Indexes to be kept in the Registration Offices & Registrar office for recording different activities in the Process of Execution and Registration :

1. BOOK NO: 1: 'Register of Non- Testamentary Documents relating to Immovable Property’
2. BOOK NO 2: 'Records of Reasons of Refusal to Register
3. BOOK NO.3: 'Register of Wills and Authorities to adopt
4. BOOK NO. 4: 'Miscellaneous Register'
5. BOOK NO. 5: 'Register of Deposits of Wills’ in Offices of Registrars'

Followed by 4 Indexes to be made by registering officers and their contents.

Please see the nature of following paragraphs mystery.

a) Out of the above 5 Books, Book No. 1 and Index No.1 more mysterious compare with other Books and Indexes. Book NO.1 shall be entered filed all documents or memoranda registered under Sections 17, 18 and 89 which relate to Immovable Property. and Index No. 1 shall contain the Names and additions of all persons executing and all persons claiming under every document entered or memorandum filed in Book NO. 1. and

B) All Entries in the Registration Book shall be numbered in Consecutive series which shall commence and terminate with the year. A fresh series being commenced at the beginning of each year. and Every in such index shall be made, so far as practicable, immediately after the Registering Officer has copied or filed a memorandum of the document to which it relates.

C) The Indian Registration Act, 1908 made some provisions not only relating to Books and Indexes open to pubic Inspection But also obtaining certified copy of registered documents with the help of the above Books.

D)The Indian Registration Act, 1908 assures that all Inspections and searches and searches of books and indexes shall take place in the presence of the Registering officer. A copy of an entry shall not be made from any book until the registering officer has scrutinized the entry generally.

After review of the above a,b,c,d paragraphs, we can expect 100% accuracy in the Execution and Registration process towards obtaining the Genuine Registered Document from Registrars Office.

CERTIFICATE OF ENCUMBRANCE MYSTERY.

CERTIFICATE OF ENCUMBRANCE' will reveal the following amazing facts to the parties in the process of Transport of Property exclusively in sale of Immovable property.

when an Application is made for a search for encumbrance in respect of any immovable property, the Registrar will issue an Encumbrance Certificate to that affect. A certificate of Encumbrance shall contain a complete list of all acts and encumbrances affecting the property in question. At the present Juncture any Encumbrance Certificate reveals the acts and encumbrances from 1983 as on the date of search. Now a days EC we can obtain on online. But if you search EC before 1983 you cannot get on online.

ANOTHER MYSTERY LIES IN 'INTRANET USAGE OF COLLECTOR POWERS IN THE PROCESS OF DOCUMENTS EXECUTION AND REGISTRATION. THROUGH THE INDIAN STAMP ACT, 1899 TOWARDS INDIAN REGISTRATION ACT, 1908' THE PLUS POINT FOR ANOTHER MYSTERY IS

'ALL THE DISTRICT REGISTRARS INCLUDING THE AUDIT DISTRICT REGISTRARS AND THE ASST DISTRICT REGISTRARS ARE APPOINTED AS COLLECTORS UNDER SECTION 41 ( A) OF THE INDIAN STAMP ACT, 1899.'

Nowadays we have seen and come across a number of Cases on Immovable Property matters like False Documents, Fabrication of Sale deed by Impersonation, False Executions, Forgery etc. even though we had a strong statute i.e. The Indian Registration Act, 1908.

I am enclosing the following examples for Analysis.

Dear All, WHERE THE MYSTERY LIES?

I thought of seeking your advice on the problem my family is facing. My mother owns a plot(non-agricultural) in Hyderabad(Qutbullapur), which was purchased by my father(in 1989)when he was alive. Original documents are in my mother's possession. There was a compound wall & shed constructed in this plot. The south wall damaged due to rains recently. We were planning to visit that place and re-built it. In the meantime, we came to know that someone is cleaning the place. We approached registration office(in Dec 2011) for EC and realized that property was sold by some lady claiming as my mother, the photograph and signature are not same my mother's.

We approached the police, registered an FIR. We are not aware of the next procedure.

1) Is it within the registrar's authority to cancel the illegal sale deed? Few lawyers, whom we approached, said 'yes' and few say it has to go through the civil case.

2) How important is it to bring the buyer to the police? We were told that the police has to bring the buyer and get his consent (signature) on the registration cancellation form.

If the buyer is genuine and got deceived, why will he/she sign on such cancellation form, without recovering their money? On other hand, if it is a fake transaction, as in our case, the buyer claims to be a close relative of one MLA, what should be our approach?

Please find out where is the mystery lies? In all Books, Registers, Index, power and duties of registrars, Indian stamp act where?

If there is a 100 % accuracy in the Execution and Registration process why this type of Judgments from Courts.