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Queries Participated

meenakshi nagori   07 September 2017 at 14:58

Documents registrable can't be notarized before registration

As per section 17 of Registration Act, 1908, certain documents are compulsorily registrable read with section 23" time limit for registering documents is given which read as:
"23. Time for presenting documents:
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:

PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final."

That means any document which is required to be registered can be presented for registration within 4 months from the date of it's execution. Which makes it clear that there can be two different events i.e. first execution and second registration. How a document can be executed is by signing of the document and witnessing. Notary is also a witness. My question is:
1) if at the time of it's execution, the document is notarized and then within 4 months it is presented for registration it is equally valid,
2) why experts on lawyersclubindia.com says that a document compulsorily regisrable can't be notarized?

Regards/-
Advocate & Notary Meenakshi Nagori

meenakshi nagori   16 September 2014 at 19:22

adoption of male child orphan by a couple

What is the age difference between adopted orphan child and adopting parents.

meenakshi nagori   16 September 2014 at 19:12

adoption of male child orphan by a couple

What is the age difference between adopted orphan child and adopting presents.

meenakshi nagori   15 September 2014 at 20:27

adoption of mailchild orphan by a couple

What is the age difference child and couple.

RUKMANI   14 January 2012 at 15:21

Registration of proprietorship firm

sir i want to get registration of my proprietorship firm under indian registration act, 1908.
Plz provide me the procedure and the documents required for the registration of firm its very urgent

meenakshi nagori   03 November 2011 at 14:22

Can unregistered agreement to sale be enforsable?

fact: 1)there is a agreement to sale between two independent persons,
2) agreement to sale is for a flat which is to be constructed by trasferor through the money given by the transferee, which will be situated at the 4th floor,
3) agreement to sale is not registered,
4) on the basis of this agreement to sale, loan is given by the board of the co-operative bank to the transferee, ignoring the fact that it is not registered,
5) loan is taken by the transferee to give it to the transeror, so that, he can construct the 4th flat and make registry of the flat afterwards and give the possession,
6) loan is wholly given on the security of unregistered agreement to sale,
7) the flat is still in the name of the transferor.

question: 1) whether agreement to sale of immovable property is necessary?
2) whether loan given by the bank is wrong as security is the flat which is not yet in the name of transfree?
please help.

meenakshi nagori   29 March 2011 at 13:48

CANCELLATION OF REGISTERED SALE DEED.

whether registered sale deed can be canceled on the ground that sale consideration (AS MENTIONED IN THE SALE DEED) is less than the registrered value of the property?
Fact of the case: 1)as the consideration mentioned in the sale deed was due to fraud on the part of purchaser, as the seller is illiterate and was told by seller that the value written in the sale deed is correctly written.