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Karnataka registration rules 1965 has formulated
procedure for attendance of the registering officer at private residence.The
relevant rules are detailed in chapter 10 and under rule nos. 56 to 32.Any
application for attendance at private residence shall be in writing and have to
be signed by the person who requests the attendance at his residence shall be
in writing and has to be signed by the person who requests the attendance at
his residence.
Such letter may be presented by any person to the
registering officer. The request has to be complied with as early as possible.If such attendance at private residence disturbs the regular routine of the
office or requires closure of office and if the case does not fall under
section31 of the Indian Registration Act, a commission may be issued, which
means another person other than the registering officer may be requested to
attend the private residence and complete the registration formalities.
The attendance of sub-registrar at private residence or
issuing commission has to be reported to the registrar within 24 hours. The
Sub-registrar shall not proceed out of his sub district for this purpose, but
registrar may attend the private residence situated in his district though it
may not be situated within the sub district under his immediate charge.
The commissioner appointed to attend the private
residence will give evidence and the registering officer will examine the commissioner personally in his office connected with discharge of his
commission and voluntary nature of admission of execution.
During the course of attendance if the registering
authority has to record the admission or execution of persons not exempted from
personal appearance in respect of the same document executed by a person
exempted from personal appearance, the registering authority may comply with
the request provided attendance fee is levied.
Section88 of the Act refers to documents, which are
executed by Government officers or certain public functionaries who are
exempted from personal appearance. Any officer of the government, any
administrator general, official trustee or official assignee, the sheriff,receiver or registrar of High Court, any holder of such other Court, any holder
of such other public office as is notified in the official Gazette of the State
government are exempt from personal appearance or through their agents in
connection with registration of any instrument executed by them or any document
executed in their favor in their official capacity. They are also exempted from
signing the document for admitting the execution as required under section58 of
the Act.
When documents are forwarded by government officer with a
covering letter stating that documents executed by him be registered, the
covering letter will be sufficient to satisfy the genuineness of the signature
of the executants.If such document is presented by a private party, who is
also a party to the document, the registering authority will satisfy as to the
genuineness of the signature by a brief enquiry. The fact of exemption from
personal appearance and presentation of the document by covering letter will be
endorsed.
Certain category of documents like copies or orders,
certificates and instruments need not be presented for registration but may be
sent to the registering office for filing as per section89 of the Act. In the
following cases, copies have to be forwarded to the Jurisdictional registering
officer under whose jurisdiction the immovable property in question is
situated:
a)Every officer granting a loan under Land Improvement
Loans Act 1883. Every court granting a certificate of sale of immovable
property under Civil Procedure Code, 1908.
b) In case of loans under Land Improvement Loans Act
1883, details of the land to be granted as collateral security.
c) Every officer granting loan under Agriculturists Loan
Act 1884 has to forward, a copy of the document whereby the immovable property
is mortgaged to secure repayment of the loan and a copy of such order.
d) Every Revenue officer, who grants a certificate of
sale to the purchase of immovable property sold in public auction.
The registering officer will file the copies of such
orders, certificates, and instruments in book No.1. The concerned officers need
not appear in person at registration office.State Government has made rules as to the mode of making
copies and manner of filing copies.
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