Registrability of instruments generated in the LA process
Baskaran Kanakasabai
(Querist) 22 May 2010
This query is : Resolved
During the LA process concerning any land ,the acquiring Government generates the following non-testamentary instruments (which purport or operate to create, declare, or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property):
1. Notification under sec 4(1) of LA Act 1894
2. Declaration under sec (6) of the same Act
3. Award under sec 11 (1) of the same Act
And in cases where agreement is reached between the interested persons (who have appeared before the LAO) and the LAO, the acquiring Govt generates another non-testamentary instrument viz.,
4. Agreement under 11(2) of the same Act
And if no such agreement is reached between an interested person and the LAO, the objections of the interested persons are referred by the LAO to the court and the court generates another non-testamentary instrument viz.,
5. The Decree signed by the judge under sec 26 (1) of the same Act
Regarding the registrability of these above mentioned five non-testamentary instruments, the LA Act mentions nothing but the following:
51. Exemption from stamp duty and fees. - No award or agreement made under this Act shall be chargeable with stamp duty, and no person claiming under any such award or agreement shall be liable to pay any fee for a copy of the same.
Question arising: Does the mention made under sec 51 imply that any award or agreement(except agreement under sec 11 (2)) made under this Act though not chargeable with stamp duty , shall be registrable?
[51A. Acceptance of certified copy as evidence. - In any proceeding under this Act, a certified copy of a document registered under the Regulation Act, 1908 (16 of 1908), including a copy given under section 57 of that Act, may be accepted as evidence of the transaction recorded in such document].
Questions arising:1.What is the document referred to under this section 51A?
2.What is the “‘transaction’ recorded in such document” referred to under this section 51A?
11[(2) Notwithstanding anything contained in sub-section (1), if at any stage of the proceedings, the Collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the Collector in the form prescribed by rules made by the appropriate Government, he may, without making further enquiry, make an award according to the terms of such agreement.
11(4) Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no agreement made under sub-section (2) shall be liable to registration under that Act.
Question arising: Does the mention made under sec 11(4) imply that non-testamentary instruments generated under other sections of the LA Act 1894 shall be liable for registration under the Registration Act, 1908?
Therefore there is specific mention of only one of the earlier-listed 5 instruments,i.e instrument no.4(agreement under sec 11(2) of LA Act 1894) that it shall not be liable for registration under RA Act 1908. Regarding the other 4 instruments, there is no mention of registrability or otherwise. But sec 51 exempts any award or agreement made under the LA Act 1894 from stamp duty.
So from what is specified in the LA Act can it be inferred that: 1.No non-testamentary instrument generated under the LA Act 1894 is chargeable with Stamp Duty?
2.Except the agreement made under sec 11(2), the registrability or otherwise of all other non testamentary instruments, generated under the LA Act 1894 are left to be governed by the specifications of the Registration Act, 1908?
Raj Kumar Makkad
(Expert) 23 May 2010
Such agreement is not compulsorily registrable.
Baskaran Kanakasabai
(Querist) 23 May 2010
Dear Sir
Thanks for your reply. Are the instruments numbered 1,2,3 & 5 in my query, registrable?
Baskaran Kanakasabai
(Querist) 23 May 2010
If non-testamentary instruments can be classified in to four categories viz.,
1.registrable compulsorily
2.registrable optionally
3.exempted from registration
4.not qualified to be registered
which of these categories do those 4 instruments belong to?
