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Registration Opposed to Public Policy

Registration Opposed to Public Policy

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The documents are for general information only. The information presented at these documents should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing my document are encouraged to seek independent counsel for advice regarding their individual legal issues.
The documents are for general information only. The information presented at these documents should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing my document are encouraged to seek independent counsel for advice regarding their individual legal issues.

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11/28/2010

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NOTIFICATION u/s 22A of the Registration Act, 1908(Opposed to Public Policy)NOTIFICATION[Notification No. RD 56 munosa 99 dated 10-5-1999].
In exercise of the powers conferred by Section 22-A of the Registration Act, 1908 (Central Act No.16 of 1908) asamended by Karnataka Act No.55 of 1976 and in suspersession of the Notification No. RD 80 ESM 93 (P) dated 14-2-94, Notification No. RD 80 ESM 93 (P) dated 23-3-96 and Notification No. RD 137 MUNOMU 96 dated 21-3-97the Government of Karnataka hereby declares the Registration of the following documents as opposed to publicpolicy:-(a) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment of land of which the occupancy right hasbeen granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictionsimposed under section 61 of the said act and the rules framed thereunder.(b) Agreement to sell, sale, gift, exchange or otherwise of any land in excess of the ceiling limit specified in section63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rulesframed thereunder.(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or afamily or a joint family who or which has an assured annual income of rupees Two lakhs and above from sourcesother than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rulesframed thereunder.(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to aneducational, religious, charitable>(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land grantedunder the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposedthereunder as per the provisions of the said Rules.1[ (f). Agreement to sell, sale, lease, mortgage with possession or otherwise of any land in contravention of theprovisions of the Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 dated: 14th October,1988)]1.Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 deleted during the year 1999.
C I R C U L A R - I
In supersession of the Notification RD 80 ESM 93 (P) dated 14-02-94, Notification No. RD 80 ESM 93 (P) dated:-23-03-96 and Notification No. RD 137 MUNOMU 96 dated 21-03-97, the Government in exercise of the powersconferred by Section 22-A of the Registration Act, 1908 has issued the revised Notification No. RD 56 MUNOSA 99dated:10-05-99 declaring the registration of the following documents as opposed to public policy:-(a) Agreement to sell, sale, gift, exchange, mortgage, lease, or assignment of land of which the occupancy righthas been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictionsimposed under section 61 of the said act and the rules framed thereunder.(b) Agreement to sell, sale, gift exchange or otherwise of any land in excess of the ceiling limit specified in section63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rulesframed thereunder.(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or afamily or a joint family who or which has an assured annual income of rupees Two lakhs and above from sourcesother than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rulesframed thereunder.(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to aneducational, religious, charitable>(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land grantedunder the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposedthereunder as per the provisions of the said Rules.(f) Agreement to sell, sale, lease, mortgage with possession or otherwise of any land in contravention of theprovisions of the Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 dated: 14th October1988).2. The following are the list of documents required to be produced at the time of registration of sale of properties.
A. For purchasing of Sites/Buildings
(1) An affidavit stating that the transaction is not violative of the categories mentioned in the Notification UnderSection 22A of the Indian Registration Act.
 
(2) Extract of assessment register for the purpose of valuation of the property. (Form No.19 in case of Municipalareas or Form No.9 or 10 in case of Panchayat Areas.)(3) Form No.1 prescribed in the Karnataka Stamp (Prevention of under valuation) Rules.(4) Income Tax Clearance Certificate prescribed under section 230A of the Indian Income Tax Act for the propertieswhich are valued more than five lakhs.(5) Income-tax clearance certificate in Form 37 I prescribed under Section 269 of the Income Tax Act issued by theappropriate authority of the Income Tax Department, if the value of the property is more than Rs.25 lakhs in theprescribed Area.(6) Permanent account No. issued by Income Tax Department or declaration in form 60 or 61 if the value of theproperty involved in the transaction is more than 5 lakhs, and where payment is made completely or partiallythrough cash.(7) For vacant sites in areas where ULC Act is in force, an Acknowledgment for having submitted Application FormUnder Section 26 of the said Act.
B. For purchase of Agricultural Land.
(1) An affidavit stating that the transaction is not violative of the categories mentioned in the Notification UnderSection 22A of the Indian Registration Act.(2) Copy of the RTC of the property involved in the transfer.(3) Copy of the extract of mutation register regarding the latest mutation of the property.(4) If the property is a granted land or occupancy rights have been granted under Land Reform Act then NOC fromthe Tahsildars.(5) Declaration under Section 81A of the Land Reform Act.(6) Form No.1 prescribed in the Karnataka Stamp (Prevention of under valuation) rules.(7) Income Tax Clearance Certificate prescribed under 230 A of the Indian Income Tax Act for properties which arevalued at more than five lakhs.Note:- w.e.f 1-6-2000 production of form no. 34A under section 230A is not necessary as per finance act 2001.(8) Income Tax Clearance Certificate in Form 37-I prescribed under Section 269 of the Indian Income Tax Actissued by the appropriate authority of the Income Tax Department, if the value of the property is more than Rs.25lakhs in the prescribed Area 1(9) Permanent account No. issued by Income Tax Department or declaration in form 60 or 61 if the value of theproperty involved in the transaction is more than 5 lakhs, and where the payment is made completely or partiallythrough cash.The registering authorities for the purpose of ascertaining whether the document prescribed falls under any of thecategories cited at (a) to (f) below is required to call for the documents referred to above from the partiespresenting the documents. If they fail to produce the relevant documents in time as specified by the registeringauthorities, the registering officer may refuse to register the document in accordance with section 22A(2) of theRegistration Act, 1908.
If the required document are not produced then an endorsement in the prescribedform shall be given to the parties.
The parties presenting the document for registration shall produce all the required relevant information in two setsduly certified as true copies.The registering officer after registering such documents should send a copy of the registered document to theTahsildar of their respective jurisdiction with all relevant information, documents, affidavits and evidence collected.The Tahsildar on receipt of the copy of the document registered and all other relevant information, documents andaffidavits received from the Sub-Registrar shall verify the same. If there is any violation of the provisions of theActs and Rules specified in the Notification No.RD 56 MUNOSA 99 dated 10th May 1999 shall immediately reportthe matter to the concerned Assistant Commissioner of the Revenue Sub-Division or the Deputy Commissioner of the district as the case may be, and the District Registrar of the District to initiate action in accordance with law totreat the transaction as null and void.The Assistant Commissioner of the Revenue Sub-Division, the Deputy Commissioner of the district and the DistrictRegistrar of the district shall initiate action against the concerned parties presenting the document for registrationfor furnishing false and fictitious information, in accordance with law.All the Sub-Registrars in the state are hereby directed not to register the documents in contravention of section22A of the Registration Act, 1908 and this circular instructions shall strictly be followed. Any violation or irregularitynoticed will lead to serious disciplinary action against the officers concerned.List of documents required to be produced at the time of registration of sale of properties referred to above shouldbe displayed prominently in the Notice Board for the information of the public.
 
C I R C U L A R - IISub:- Registration of documents - Notification issued by Government as opposed to public policy - reg.Ref:- Government Notification No. RD 56 MUNOSA 99 Dated:- 10-05-1999.
Government in exercise of its power under Sec.22A of the Registration Act, 1908 have issued the NotificationNo.RD 56 MUNOSA 99 dated 10-05-99 declaring registration of the following documents as opposed to publicpolicy. A copy of the said Notification is enclosed to this Circular for ready reference.(a) Agreement to sell, sale, gift, exchange, mortgage, lease, or assignment of land of which the occupancy righthas been granted under Chapter III of the Karnataka Land Reforms Act, 1961 in contravention of the restrictionsimposed under section 61 of the said act and the rules framed thereunder.(b) Agreement to sell, sale, gift exchange or otherwise of any land in excess of the ceiling limit specified in section63 or 64 of the Karnataka Land Reforms Act, 1961 in contravention of section 74 of the said act and the rulesframed thereunder.(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural lands to a person or afamily or a joint family who or which has an assured annual income of rupees Two lakhs and above from sourcesother than agriculture in contravention of section 79-A of the Karnataka Land Reforms Act, 1961 and the rulesframed thereunder.(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any agricultural land to aneducational, religious, charitable>(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any agricultural land grantedunder the Karnataka Land Grant Rules, 1969 subject to restrictions on sale, transfer, and specific use imposedthereunder as per the provisions of the said Rules.(f) Agreement to sell, sale, lease, mortgage with possession or otherwise of any land in contravention of theprovisions of the Urban Land (Ceiling and Regulations) Act, 1976 (Central Act 13 of 1976 dated: 14th October1988).2. The registering officers have been issued suitable>3. On receipt of the registered document with its enclosures from the concerned Sub-Registrars, the Tahsildarsshall cause verification at their end on the genuineness of the certificates, extracts, documents, affidavits etc.,furnished by the concerned parties at the time of registering the documents.4. The verification has to be done to know whether there is any contravention of the provisions of the variousacts/Rules specified in the Notification No. RD 56 MUNOSA 99 dated 10th May 1999.(a) For example: Agricultural land is sold by one party to another person. The transaction may violate theprovisions of Section 61 of the Karnataka Land Reforms Act, 1961. The ex-tenant in whose favour the occupancyrights have been conferred cannot sell the land within a period of 15 years from the date of obtaining theoccupancy rights.(b) The Record of Tenancy and Cultivation (RTC) and the Index of Land Register (ILR) have to be verified to knowwhether the land was tenanted or not. If the land was tenanted, verification has to be made as to when theoccupancy rights were conferred on the ex-tenant. If the sale transaction is within 15 years from the date of obtaining the occupancy rights, the sale transaction would be null and void under section 61 of the Karnataka LandReforms Act, 1961.(c) On verification if it is clear the sale transaction pertains to tenanted land a detailed report with all relevantdocuments and information has to be furnished by the Tahsildar to the concerned Assistant Commissioner of theRevenue Sub-Division under Section 82 of the Karnataka Land Reforms Act, 1961.(d) The Assistant Commissioner incharge of the Revenue Sub-Division has to hold the enquiry under Section 83 of the Karnataka Land Reforms Act, 1961 by issuing notices to the concerned parties. After hearing the concernedparties, the Assistant Commissioner incharge of the Revenue Sub-Division has to pass a considered order holdingthat the sale transaction is null and void. The agricultural land so sold in contravention of Section 61 of theKarnataka Land Reforms Act, 1961 has to be resumed to Government and disposed in accordance with theprovisions of Land Grant Rules, 1969.(e) In addition, the Assistant Commissioner should initiate action against the concerned parties for havingfurnished false affidavits, documents, extracts and other information under the provisions of the Indian Penal Code.5. Similar detailed verification has to be made to ascertain whether the sale transaction is in contravention of theprovisions of the other Acts/Rules detailed in the Notification No. RD 56 MUNOSA 99 dated 10th May 1999 andfollow-up action taken to hold the transaction null and void and prosecute the concerned parties in accordance withthe relevant law.6. 6. In order to facilitate such verification and follow-up action, Check Registers shall be maintained in all TalukOffices by the Tahsildars and in the office of the Assistant Commissioner in the Form appended to this circular.7. The Assistant Commissioners in charge of Revenue Sub-Divisions and the Deputy Commissioners of the Districtsat the time of inspecting the Taluk offices and Sub-Divisions offices shall invariably verify the maintenance of theCheck Register and further follow-up action.

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