Monday, 12 May 2014


Can a registration of a document be claimed as a matter of right? Indian Registration Act, 1908, has under section17 prescribed certain documents which are compulsorily registrable and under section 18, the documents, the registration of which is optional.As such can anybody claim as a matter of right, registration of a document which is compulsory under section17 of Indian Registration Act 1908.Various States have amended the main Registration Act and have framed rules there under. 

Karnataka Government has inserted a new section 22-A, with effect from 23.10.1976 which empowers the State Government to prohibit the registration of certain documents as opposed to public policy, by notifying in official gazette, and the registering officers shall refuse to register any such document.

Government of Karnataka through Revenue Secretariat Notification No. RD/141
MUNOMV/2005, date.23/04/2005, has in exercise of powers conferred under section 22-A of Registration Act as amended by Karnataka Act 55 of 1976 has declared registration of following documents as opposed to the public policy. This is effective from 06/05/2005.

1. Site with or without building in agricultural land which is not converted for non-agricultural purpose under section 95 of Karnataka Land Revenue Act 1964.

2. Site described as Gramathana site (form no. 9, 10) or other site declared under form no.19 under rules framed under Karnataka Municipality Act 1964, but not actually converted as site.

3. Site on a revenue land described as Gramathana Site or other site or a site with a building on which no layout plan is approved and a release certificate is issued from local planning authority like BDA, BMRDA, BIAAPA, BMIC.

4. Site on a revenue land described as Gramathana site or other site, fiats, industrial site, commercial site, without requisite permission under section 79A and 7B read with section 109 of Karnataka Land Reforms Act.

Thus the transfer of only the following properties is permitted.
a)Properties falling under Bruhat Bangalore Mahanagara Palike.
b)Properties allotted by BDA
d)Properties in layouts approved by other local planning authorities like BMRDA, BlAAPA, BMIC etc.

In the preamble the notification, it is stated that many properties are registered based on bogus and fabricated documents which do not pass on legally perfect title to the purchaser. In many cases, the agricultural land is transferred by registration as non-agricultural land without actually converting it to a non-agricultural purpose in accordance with Section 95 of Karnataka Land Revenue Act 1964 and Karnataka Land Grant Rules 1989. This has led to haphazard growth of Bangalore and other cities. 



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