Workshop

on
Best Practices in Land Records
16th February, 2015

Dr. Srikant Pandey,

Deputy Inspector General of Registration,
Bhopal.
 Proposed important amendments to the Registration Act, 1908
 Post Registration Spot Verification.
 Digitization of registered documents of 13 years.
 Insertion of definition of electronic form under Section 2(4-A)
of the Registration Act, 1908.
 Insertion of new sub-sections 17(1)(f) and 17(1)(g) in the
Registration Act, 1908.
 Insertion of Section 22-A in the Registration Act, 1908.
 Insertion of a new Section 80-B to the Registration Act, 1908.
 Insertion of a new Section 82-B to the Registration Act, 1908.
 Insertion of Sections 89-A, 89-B and 89-C in the Registration
Act, 1908.
 Transparency in preparing the market value guidelines.
 Transparent and simple Schedule 1-A of the Indian Stamp Act,
1899.
 Consolidation and updation of exemptions notification.
 Bill has been passed in the State Assembly and is awaiting
approval of GOI.
 Amendment of section 2 (4-B) - electronic signature shall
have the same meaning as assigned to it in clause (ta) of sub-
section (1) of section 2 of the Information Technology Act,
2000 (No. 21 of 2000).

 Amendment of section 17(1)(h) - any other instrument

required by any law for the time being in force, to be
registered.
 Amendment of section 20 - Documents containing
interlineations, blanks, erasures or alterations - (1) The
registering officer may in his discretion refuse to accept for
registration any document in which any interlineations, blanks,
erasures or alterations appear, unless the persons executing
and claiming under the document attest with their signatures
or initials such interlineations, blanks, erasures or alterations.

 Amendment of section 21 - Description of property and

maps or plans - (1) No non-testamentary document relating to
immovable property shall be accepted for registration, unless
it contains a description of such property along with a map
and photographs showing its location and nature, sufficient
to identify the same.
 Substitution of section 32-A - Compulsory affixing of
photograph, etc. -

Every person presenting any document at the proper

registration office under section 32 shall affix his passport size
photograph, thumb impression and signature to the
document:
Provided that where such document relates to the transfer of
ownership of immovable property, the passport size
photograph, thumb impression and signature of each
executant and claimant of such property mentioned in the
document shall also be affixed to the document.
 Amendment of section 34 - Enquiry before registration by
registering officer –

(1) Subject to the provisions contained in this part and in

Sections 41, 43, 45, 69, 75, 77, 88, 89, 89-A and 89-B, no
document shall be registered under this Act, unless the persons
executing such document or their representatives, assignee or
agents authorized as aforesaid, appear before the registering
officer within the time allowed for presentation under Sections
23, 24, 25 and 26.
Provided that when any document as notified by the State
Government is presented in electronic form, personal
appearance shall not be required,
(2) Appearances under sub-section (1) shall be simultaneous,

(3) The registering officer shall thereupon-

(ab) enquire whether or not the document is duly stamped
as per provisions of the Indian Stamp Act, 1899,
 Amendment of section 57 (5) - All copies given under this
Section shall be signed and sealed by the registering officer,
and shall be admissible for the purpose of proving the contents
of the original documents,

Provided that when a registered document is electronically

signed and stored in a database authorized by Government
under the Rules then subject to the provision of section 67A of
the Indian Evidence Act, 1872 (No. 1 of 1872), copies thereof
may be downloaded / issued from the said authorized
database and the same shall also be admissible for the purpose
of proving the contents of the original document
 Insertion of section 63-A - Presentations etc may be done
in electronic form –
(1) All presentations, endorsements, filing, certifications,
signatures and maintenance of books and indexes required
under the Act, may be done in electronic form, as per
procedure, if any, laid down under the rules.

(2) All books and indexes that are open to public inspection,
may be made available for inspection through a Government
website or the Electronic Registration System as notified by
the Government for the purpose.
 Substitution of section 82 - Penalty for making false
statements, false recitals, delivering false documents, or
copies or translations, false personation and abatement
 The Registration Act, 1908 deals with the documents only. The
Apex Court in the case of DD Seal v RL Phumra AIR 1970 SC
659 has held that what is registrable under this Act is a
document, not a transaction.

 There is no provision for spot verification in the Registration

Act, 1908.

 If the parties to the document give false recitals with an

intention to evade the stamp duty, it is punishable under
Section 27, readwith Section 64 of the Indian Stamp Act,
1899.
 It is observed that Sub-registrars keep pending documents
even after registration for spot inspection.

 Now Sub-registrar delivers the document after registration on

the day of its presentation.

 Post registration, property inherent in the document is

inspected and if recitals are found untrue, case is registered u/s
47-A(3) of the Indian Stamp Act, 1899.
 For loan cases lawyers require search report from old
registered documents. For this purpose update indexing is very
essential, which can not be done manually looking to a large
number of registered documents.

 We have started digitization of registered documents of past 13

years zone-wise by service providers selected through Tender.
 In the year 2010 by a State amendment to the Registration Act,
1908 we have inserted definition of electronic form as –
Electronic form shall have the same meaning as assigned to it
in clause (r) of sub-section(1) of Section 2 of the Information
Technology Act, 2000.
 In the year 2010 by a State amendment to the Registration
Act, 1908 we have inserted new sub-sections 17(1)(f) and
17(1)(g), which make the following documents compulsorily
registrable -

(f) any document which purports or operates to effect any

contract for sale of any immovable property, and

(g) power of attorney relating to sale of immovable property

in any way.
The object of the Act is to guard against the fabrication of false
documents. In other words the real purpose of registration is to
check forgery, to provide good evidence of the genuineness of
written instruments, and not merely to give information to
third parties. In various decisions of the Courts it is held that
the object of registration is to protect against prior transaction.
In this context in the year 2010 by a State amendment to the
Registration Act, 1908 we have inserted a new Section 22-A,
which provides non-acceptance of registration of document
regarding the property already conveyed by a registered
document by the same person.
This Section says –

Notwithstanding anything contained in this Act or any other

law for the time being in force, no registering officer shall
accept for registration any document relating to the sale of any
immovable property, if the property comprised therein has
already been conveyed or permanently alienated by the same
person or his representative, assignee or agent in favour of any
other person by a registered document, unless the previous
registered document is cancelled by order of a Court.
It was observed that there was no provision in the Registration
Act, 1908 which empowers the Government to reduce or remit
registration fees. In this context in the year 2010 by State
amendment we have inserted a new Section 80-B, which
provides that the State Government may, if it is necessary in
public interest so to do, by order published in the official
Gazette, reduce or remit, in the whole or part of the Madhya
Pradesh, the fees payable in respect of any matter or matters
enunciated in clause (a) to (i) of Section 78, either generally or
for any particular class or classes of cases and in respect of
persons generally or of any particular class or classes of
persons.
In the year 2010 we have inserted a new Section 89-B which
provides that notice to be sent to registering officer by
mortgagor after creation of mortgage by depositing title deeds.
To make this provision mandatory for the mortgagor, in the
year 2010 we have inserted a new Section 82-B providing
punishment for failure to file notice under Section 89-B. This
Section says that any person who fails to file a notice under
Section 89-B before the registering officer within the period
specified in that Section shall be punished with imprisonment
for a term which shall not be less than one year but which may
extent up to three years and shall also be liable to fine.
 By a State amendment to the Registration Act, 1908 we have
inserted new Sections 89-A, 89-B and 89-C.

 Section 89-A provides that copies of Court decrees, sale

certificates by Competent Authority, attachment orders,
written demands under Revenue Recovery Act to be sent to
registering officers and filed in registers.
 Section 89-B provides that notice to be sent to registering
officer by mortgagor after creation of mortgage by depositing
title deeds and provision for compensation in favour of
subsequent transferee.

 Section 89-C is related to the power to make rules for filling of

true copies of documents and notices referred to in Section 89-
A and 89-B.
In the State market value guidelines are issued by District
Collectors and revised by them every year. The procedure for
fixing minimum rates is very transparent. Before finalizing the
rates, the provisional market values are published for
suggestions from public.
The Apex Court in the case of Veena Hasmukh Jain v State of
Maharashtra AIR 1999 SC 807 has held that it is open to the
legislature to levy duty on different kinds of agreements on
difference rates. In this context we have recently introduced a
new Schedule 1-A of the Indian Stamp Act, 1899 by making
various changes in the rate of stamp duty as well as by
charging some new documents as Bank guarantee, Declaration
etc. The Supreme Court in the case of Hindustan Steel Limited
v Dilip Construction Company AIR 1969 SC 1238 has also
held that the Stamp Act is a fiscal measure enacted to secure
revenue for the State on certain classes of instruments.
The State Government has recently notified consolidated list
of exemptions in stamp duty (Article wise) as well as
registration fees, by superseding all previous notifications.
This has made the exemptions easy to understand by the
general public.
Thank you