THE RAJASTHAN REGISTRATION RULES, 1955 Volume I
PART I ******** (updated up to the 31.08.2025) THE RAJASTHAN REGISTRATION RULES, 1955 Volume I
PART I RULS PARTUCULARS PAGE NO. PRELIMINARY
1. Short title 1
2. Commencement 1
3. Extent and Repeal 1
4. Interpretation 1
5. Definitions 2
PART II CUSTODY, PRESERVATION AND DESTRUCTION OF RECORDS
6. Responsibility for preservation and safe custody of records 2
7. Supply of strong boxes or Almirah to Registering Officers 2
8. Removal of record from office 3
9. Examination of record 4
10. Fire-proof safe for custody of wills etc 4
11. No need for verification of existence of testators 5 CENTRAL RECORDS OFFICE
12. Office record in each division 5
13. Catalogue of Registers and Books etc 5
14. Record to be permanently preserved 5
15. Transfer of records to central office of record 6
16. Transfer of records how made 6
17. Special record-room 6
18. Supervision of central office 7
19. Catalogues to be signed on changes of personnel 7
20. Production of books and registers in Courts 7
21. Miscellaneous records 8
22. Custody of unclaimed documents 9
23. Destruction of useless records and papers 10
24. Destruction of unclaimed documents 10 Part III REGISTER BOOKS, SUBSIDIARY BOOKS AND INDEXES
25. Registers 11
26. The books shall consist of printed forms 12
27. Certificate of Examination 12
28. Consecutive numbers to be by the year 12
29. Concurrent Volumes of same Register 13
30. Certificate as to figures and amounts in documents 13 Book No. 1.
31. Book No. 1 13
32. References to previous registration 13
33. [X X X] 14
34. File Book No. 1 14
35. Numbering of pages filed in file book No. 1 15
36. File books subsidiary to book Nos. III and IV 16 BOOK No. II
37. Book No. II 16
38. Discretional registration by District Registrar 16
39. Registering officers not concerned with validity of documents 17
40. Denial of receipt of considerations 18
41. Unwillingness to register 18
42. Registration to be completed necessarily 19
43. Denial as to receipt of consideration 19
44. Correction of defect capable of remedy 19
45. Partial refusal 20
46. Willful refusal or neglect to attend equivalent to denial of execution 20 Book No. III
47. Book No. III 20
48. Wills and authorities to adopt 21 Book No. IV.
49. Book No. IV 23
49A. Special volumes of register books I, III & IV 23
50. Gift of movable property 24 Book No. V
51. Book No. V 25 Book No. VI.
52. Book No. VI 25 Book No. VII
53. Book No. VII 26
54. Book No. VIII 27
55. Instructions as to books in which documents should be registered 27 AUTHENTICATION OF REGISTER BOOKS.
56. Authentication of entries in register books 28
57. Examination of copies and authentication of errors 29
58. Erasures prohibited 29 INDEXES
59. Indexes to be prepared on printed forms 29
60. Index No. I 29
61. Index No. II 30
62. Index No. III 30
63. Index No. IV 31
64. Index how to be prepared 31
65. Initial letters 31
66. Native Christians 31
67. Companies, banks, etc 32
68. Government 32
69. Certificates or sales etc 32
70. Security bonds 32
71. Agent or representative 32 72 Documents entered in book No. 1 33 SUBSIDIARY BOOKS
73. Name of Subsidiary Books 33
74. Fees Book 33
75. Cash Book 36
76. Receipt Book 36
77. Loss of receipt 37
78. Commission fee 37
79. Refund of fees 38
80. Remission of fines 38
81. Order file 38
82. Minute Book 39 82-A. Entries in minute book for pendency of document on certain grounds 40
83. What circumstances to be entered in the Minute book and what not 41
PART IV. LANGUAGES
84. Language 44
PART V TERRITORIAL DIVISIONS
85. Territorial Division 44 Part VI RE-COPYING OF REGISTRAR BOOKS WHICH ARE IN DANGER OF BEING DESTROYED OR BECOMING WHOLLY OR PARTIALLY ILLEGIBLE
86. Discretion by Inspector General regarding damaged registered books 44
87. Re-copying and attestation of copies of entries in the new Register Book 45
88. Numbering of complete new Register-books and destruction of old Register book 45
89. Manner of assigning serial numbers to the entries in new Register Books 45
90. Signing and dating of note 46
PART VII PROCEDURE PRIOR TO ACCEPTANCE OF DOCUMENT FOR REGISTRATION.
91. Conditions of admissibility and examination of documents 46
92. Examination as to jurisdiction 47
93. Procedure when Registering Officer has no jurisdiction 48
94. Examination as to time 48
95. Examination as to unverified interpolations, etc 48
96. Examination as to stamps 49 96-A. Examination as to proper stamp duty on the basis of the facts mentioned in the documents/checklist 53
97. Place of presentation 53
98. Court fee stamp on application 53
99. Delay in presentation and appearance 53
100. Procedure on failure for the executant to appear within four months from execution of document 54
101. [x x x] 54
102. Document executed outside India 54
103. Presentation when last day on a close holiday 55
104. Parties entitled to present documents for registration 55
105. Presentation by representatives, assignees or agents 56
106. Presentation by unauthorised person 57
107. Official exempt 57
108. Registration of documents in which Sub-Registrar interested 58 PROCEDURE ON ACCEPTANCE
109. Procedure on acceptance for registration: Identity of persons appearing 58
110. Identity of obscure and unknown persons 59
111. Identity of pardanashin 59
112. Admission by identification of executants 60
113. Thumb impressions 60
114. Enquiry as to consideration 62
115. Summons for appearance of executants or witnesses 62
116. Law as to summoning attendance of witnesses 62
117. Attendance for presentation of documents 63
118. Issue of commission under sections 33 and 38 63
119. Commissions and visits to persons residing outside district or sub-district 63
120. Return of commission 64
121. Examination of witnesses by Commissioner 64
122. Procedure on denial of execution etc 64
123. Copies of reasons for refusing to register 65
124. Procedure when there are several executants 65
125. Registered document to whom to be returned 65 PROCEDURE ON ADMISSION TO REGISTRATION
126. Procedure when a document is admitted to registration 66
127. Certificate of registration 67
128. Return of document after registration 67 128-A. Marking by the District Registrar or the Collector 67
PART VIII APPLICATIONS FOR INSPECTION, SEARCH OR COPIES
129. Inspection and search and grant of copies 68
130. Applications how to be made 69
131. Forms of applications 70
132. Particulars to be stated in application for inspection 71
133. Particulars to be stated in application for search 71
134. Application for and grant of copy 71
135. Application for copy of entry in book III or IV to contain certain information 71
136. Procedure to be adopted when above information cannot be furnished 72
137. Copies of documents wrongly registered in Book III or IV 72
138. Court-fee stamps on applications to be punched 72
139. Instructions in respect of inspections 73
140. Instructions in respect of searches 73
141. Applicant to be informed of the order made on application or search 73
142. Applicant to be informed of the result of search 73
143. Application for and grant of copy 74
144. Manner of intimating amount of fee chargeable for 74 searches or copies of maps and plans
145. Applications without sufficient fees 75
146. Refund of copying fees 75
147. Rules for granting and refusing inspections, searches and copies of entries in registers, indexes and miscellaneous proceedings 75
148. Copies of documents etc. to be stamped 76
149. Applications to be filed in yearly bundles 76
150. Inspection and search by Government officials 76
151. Copies to be examined and certified as true copy 78
152. Re-registration for error of description 78
153. Supplementary instruments to correct errors of description 78
154. Re-registering when a document has been executed by several persons at different times 79
155. Re-registration under section 23A 79
156. Procedure on registration 79
157. Entry in wrong register 79
158. Issue of notice 80
159. Registration in wrong office 80
160. Liability for loss to Government 81 SPECIAL REGISTRATIONS UNDER SECTION 89
161. Special registration of loans under the Rajasthan Taqavi Rules 81
162. Effect of the above 81
163. Separate registration of such documents by parties is quite voluntary 82 REGISTRATION AND AUTHENTICATION OF DOCUMENT PRESENTED IN DUPLICATES
164. Document presented for registration in duplicate 82
165. Stamp duty and registration fees on the duplicate copies 84 APPEALS AND APPLICATIONS TO THE DISTRICT REGISTRAR UNDER SECTIONS 72 AND 73 OF THE ACT
166. Appeals and applications to the District Registrar under sections 72 and 73 of the Registration Act 84
167. Reasons for refusal to be recorded 84
168. Records of proceedings before the District Registrars 85 168-A. Register of appeals and applications 85
PART IX COPIES AND MEMORANDA OF DOCUMENTS
169. Copies and memoranda of documents, how to be prepared 85
170. Hindi copies and memoranda to be sent to officers who do not understand English 85
171. Copies of memoranda to be sent through District Registrars 86
172. Copies of memoranda District Registrars to be translated into English 86
173. Date of despatch to be noted 86
174. Cost of transmission of copies and memoranda 86
PART X. OATHS.
175. Oath or affirmation to be administered cautiously 87
176. Statements on oath affirmation, how to be recorded 87
177. For oath or affirmation in the same form as for witnesses 87
178. Form of oath or affirmation 87
PART XI PROSECUTIONS, CANCELLATION OF REGISTERED DOCUMENTS AND DOCUMENTS DISCREDITED BY CIVIL COURTS.
179. Reports of prosecutions 88
180. Prosecutions to be instituted only with the sanction of the District Registrar 88
181. Cancellation of or correction in registered documents 88
182. Registered document discredited by Civil Courts owing to faulty registration procedure 89
PART XII ENDORSEMENTS
183. Endorsements how made 89
184. Endorsement and certificates required on copies of decrees and orders of Courts 90
185. Forms of endorsements 90
PART XIII [XXX] Deleted
186. Appendix I-Forms No. 1 to 24 97-120 Appendix II-Forms No. 1 to 4 121-124 Appendix III-Forms No. 1 to 20 125-146 Appendix IV & V [XXX] Deleted 147 Appendix VI 147-149 P a g e | 1 Notification Jaipur, February 15, 1955. No. F. 49 (1) S R/53.& In exercise of the power conferred by sub-section (2) of section 69 of the Indian Registration Act, 1908 (Central Act No. XVI of 1908), the Government of Rajasthan is pleased to approve and publish the following Rules made by the Inspector-General of Registration for Rajasthan, in exercise of the power conferred on him by subsection (1) of the said section of the said Act. THE RAJASTHAN REGISTRATION RULES, 1955 Volume I
PART I PRELIMINARY
1. Short title.& These rules may be called the Rajasthan Registration Rules, 1955.
2. Commencement.&These rules shall come into force at once. 1 [3. Extent and Repeal.&These rules shall extend to the whole of the State of Rajasthan and all rules corresponding to these rules in force in the Abu, Ajmer and Sunel areas shall stand repealed.]
4. Interpretation.&Unless the context otherwise requires, the General Clauses Act, 1897, of the Central Legislature shall apply to the interpretation of these rules in
1. Substituted vide Notication No. F.14(71) E&T/57, dated 08.09.1958, published in Raj. \Raj. Gazette, dated 09.10.1958, Part-IV-C, p 1052,for "3. Repeal.&All Rules, Circulars, Orders and practices, regulating the registration of documents hitherto in force in the Coveranting States of Rajasthan are hereby repealed." P a g e | 2 the same manner as it applies to the interpretation of a Central Act.
5. Definitions.&In these rules, unless there is anything repugnant in the subject or context.& I. "the Act" means the Indian Registration Act, 1908 (No. XVI of 1908); II. "Appendix" means an appendix to these rules; III. "Form" means a form in Appendices to these rules; IV."Registering Officer" includes both a Registrar and a Sub-Registrar appointed under the Act; V."Registration Office" includes both a Registrar's Office and a Sub-Registrar's Office; VI. "Rule" means a rule made under the Act; and VII. "Section" means a section of the Act.
PART II CUSTODY, PRESERVATION AND DESTRUCTION OF RECORDS
6. Responsibility for preservation and safe custody of records.&Registering Officers are responsible for the preservation and safe custody of all registration records including those of previous years which have accumulated in their offices or have been transferred thereto.
7. Supply of strong boxes or Almirah to Registering Officers.&The offices of all Registering Officers shall be supplied with one or more strong tin-lined boxes or Almirahs or other receptacles secured by locks of approved pattern. In these boxes the registration books and all the papers and documents connected therewith shall be kept, and no money or valuables of any kind shall be deposited therein. The boxes or Almirahs shall, as far as possible, be placed in the room where the Registering Officer transacts his public business and shall be opened and closed by that officer himself or in his presence. When locked, the key shall be retained in his own possession. https://indiankanoon.org/doc/119417847/ https://indiankanoon.org/doc/122771342/ P a g e | 3 The duplicate keys of the locks supplied to Sub-Registrars shall remain in the custody of the District Registrar of the district who will label each with the name of the office to which it belongs and deposit it in his iron safe. (In some safe place).
8. Removal of record from office.&Registration officials are strictly forbidden to remove any registers, indexes, books or records (other than books 8 th and receipt book when registration takes place at a private residence) from their offices for any purpose whatever except with the sanction in writing of the District Registrar. All registration records should be kept in the receptacles provided for them when not in use, and should on no account be taken to the private quarters of any official. 1 [Provided that any register, index book or record as maintained herein above may be taken out of the office where it is kept, for the purposes of getting photostat copies as and when required to be submitted in any court or office or to be issued to a person when such submission or issue is permissible under the rules:
Provided further that it shall be joint responsibility of the Sub-Registrar or District Registrar or Officer Incharge, of the Central Record Room or any other respective officer under whose jurisdiction such registers, index, books or records are being kept and the official taking out such records, to ensure that such a removal shall not cause any loss, damage or tempering therein and shall be returned to its place after the needfull as above:
Provided further that the actual charges of photostat copies shall be borne by the applicant if any and as such no copying fee shall be charged from a person as mentioned in article VII of Schedule 1, published by the Government vide notification No. F.2 (13)FD/Gr.IV/85-I dated 23.3.86. The stamp duty and application fee shall however be payable as provided under the rules.]
1. Provisos in Rule 8 have been added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991, w.e.f. 23.01.1991. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/167531446/ P a g e | 4
9. Examination of record.&To prevent injury occurring to the records by damp, white ants etc., the contents of the Almirahs or boxes should be thoroughly examined once a month. Should any injury happen to any of the records, whether by white ants, fire or otherwise, or should any of them be lost, an immediate report should be made to the Inspector General by the Registrar of the district who should record at the same time his opinion as to whether any one, and if so, who is to blame, and as to the measures to be taken to repair the injury or loss, so far as may be possible.
10. Fire-proof safe for custody of wills etc.&(i) The District Registrar of every district will be supplied with a fireproof safe. In this safe shall be kept Wills in sealed covers, and authorities to adopt which may have been deposited under any previous law. Wills in sealed covers which have been deposited or may be presented for deposit under section 43, and Wills which have been or may be opened under section 45 of the Act. It shall not be used for any other purpose whatever. The key of the safe shall remain in the personal custody of the District Registrar who alone shall open and close it. The duplicate key shall be deposited in some secure place. The safe should be placed where it cannot be effected by damp and it shall be opened and examined at least once a month, with a view to ascertaining that its contents, if any are correct and in good condition, and that the lock is in order.
(ii) If any Will through age or damp has been subjected to such decomposition that it appears likely to become useless, the depositor or his legal representative, if the depositor is dead, should be called upon to replace it and informed that, unless he does so, it will be destroyed when no longer legible. Such destruction should be carried out in the presence of the District Registrar who should record a note thereof in his own hand writing in the register.
(iii) When several Wills are kept together arranged one above the other, the seals are apt to wear out and the inscription thereon to become effaced owing to constant contact. It has also been observed that in some cases, the inscription on the seals fade with the advance of years. In https://indiankanoon.org/doc/176109913/ https://indiankanoon.org/doc/80347993/ https://indiankanoon.org/doc/111117426/ P a g e | 5 order, therefore, to prevent damage, such covers should, before they are deposited in the safe, be placed in outer transparent covers with eyeletted flaps and a string should be passed through the eyelets and tied and sealed with the Registrar's private seal. The outer cover should not be opened unless there is a permanent change in the personal of the Registrar or unless an occasion arises for the opening of the inner sealed cover for its removal to court.
11. No need for verification of existence of testators.& It is not incumbent on the District Registrars to verify from time to time the existence of testators whose Wills have been deposited with them for safe custody. All depositors of wills should, therefore, be informed that no steps will be taken by Government to ascertain when they die, and to communicate after death with the beneficiaries. CENTRAL RECORDS OFFICE 1 [12. Office record in each division.&The office of the Dupty Inspector General of Registration and Stamps of each circle shall be a central office of record under the charge of the Dupty Inspector General and the registers of all the registration offices in the circle which are to be preserved in perpetuity shall be transferred to it from time to time, unless it is considered convenient to keep the records at the district headquarters under the charge of the District Registrar.]
13. Catalogue of Registers and Books etc.&A catalogue shall be kept up in every registration office in Form No. 18 in Appendix 1. Only permanent records shall be entered.
14. Record to be permanently preserved.& The following records shall be permanently preserved:-
(1) All register books and indexes prescribed by any previous law.
1. Rule 12 has been Substituted by Notification No. F. 2 (17)FD/Gr.4/77-2 dated 19-10-1978, https://indiankanoon.org/doc/141797223/ https://indiankanoon.org/doc/43638629/ https://indiankanoon.org/doc/125704489/ https://indiankanoon.org/doc/123836141/ P a g e | 6
(2) All register books and their indexes, translations and true copies filed and books containing abstract of authenticated powers of attorney prescribed by the Act.
(3) Register of powers of attorney authenticated.
(4) Authenticated special powers of attorney under which documents have been registered.
(5) Catalogues.
(6) List of records destroyed.
15. Transfer of records to central office of record.& At the commencement of every calendar year such of the following books and indexes as are completely filled up and in which the last entry dates back over 5 years, shall be transferred to the central office of record.
(1) Register books Nos. I to V prescribed by the Act and register book No. VI.
(2) File-books.
(3) File books of special powers of attorney under which documents have been registered.
(4) Indexes No. I, II, III and IV. The indexes shall not, however, be so transferred unless the register book to which they relate, have been transferred.
16. Transfer of records how made.&All records transferred to the central office of record shall be accompanied by an invoice in duplicate in Form No. 8, appendix III. One copy of the invoice shall, after careful verification, be receipted and returned to the office from which it was received with as little delay as possible. Dispatching officers, will be responsible for seeing that the records are securely packed before despatch, and every precaution is taken to guard against their loss or damage in transit.
17. Special record-room.&The central office of record shall be provided, where possible, with a special-record-room https://indiankanoon.org/doc/148490546/ https://indiankanoon.org/doc/173868676/ https://indiankanoon.org/doc/98497999/ https://indiankanoon.org/doc/5796688/ https://indiankanoon.org/doc/175220840/ https://indiankanoon.org/doc/6080328/ https://indiankanoon.org/doc/171548846/ https://indiankanoon.org/doc/61079248/ https://indiankanoon.org/doc/170919233/ https://indiankanoon.org/doc/86290041/ https://indiankanoon.org/doc/191633194/ https://indiankanoon.org/doc/180296306/ P a g e | 7 for registration records, fitted with racks and presses or strong steel almirahs fastened by secure locks.
18. Supervision of central office.& When the 1 [Deputy Inspector General] is absent from the headquarters, on tour or otherwise, the Sub-Registrar shall hold the charge of the central records. Where the central office of records is under the charge of the District Registrar, he may, at his discretion, place the office directly under the charge of the Sub-Registrar.
19. Catalogues to be signed on changes of personnel.& Whenever there is a change of registering officer or of registration clerks, the catalogue of permanent records shall be signed by the relieved and relieving registering officers or clerks as the case may be.
20. Production of books and registers in Courts.& Sub- Registrars are strictly prohibited from producing the registers or books of their offices in courts on their own authority. When a Sub-Registrar receives an order or summons direct from a court for the production of registers or books of his office, he should return it with an endorsement that he has no power to produce the registers or books without the authority of the District Registrar, and that if the court requires the registers or books, the order or summons should be addressed direct to the District Registrar. The District Registrar receiving such summons or order may permit the production of original records, but he should ordinarily refuse to do so in the exercise of his discretion under sections 123 and 124 of the Indian Evidence Act, 1872. A Government servant who is to attend a court as a witness with official documents should, where permission under section 123 of the Indian Evidence Act, 1872 has been withheld, be given an order duly signed by the District Registrar in the following form. He should produce the certificate when called upon to give his evidence and should explain that he is not at liberty to produce the registers before the court or to give evidence desired from them. He should however take with him the registers which he has been summoned to produce.
1. Redesignates the post of “Inspector Registration and Stamp” as “Assistant Inspector General, Registration and Stamp” by the Notification No. F1 (19)FD/Gr. Iv/82 Dated 13.01.1984 and the post of “Assistant Inspector General, Registration and Stamp”as “Dupty Inspector General Registration and stamps”Redesignates by the Notification No. F1 (ii)FD/Gr. Iv/91 dated 21.04.1992. https://indiankanoon.org/doc/185426837/ https://indiankanoon.org/doc/47628166/ https://indiankanoon.org/doc/99514312/ P a g e | 8 ORDER Summons from the court of........for the production at.......of registers No..........Volume of 19.. relating to the District Registrar‘s Sub-Registrar's office.
(a) I direct..............to appear with the registers mentioned in the summons and to claim privilege for them under section 123 of the Indian Evidence Act, 1872.
(b) I withheld permission to give any evidence desired from the registers for which privilege is claimed under this order. Dated the................District Registrar
(2) If the summons relates to any records deposited in the central office of records under the charge of the 1 [Deputy Inspector General] of Registration, the instructions contained in Sub-rule (1) will be followed by him.
21. Miscellaneous records.& The following miscellaneous records shall be classified and arranged as follows:-
(1) Powers of attorney authenticated under section 33 presented by agents bringing documents for registration. If the document is presented for registration under a special power of attorney, the power shall be retained and pasted into a file book in the office with the following endorsement. No...........of 19.....presented with document No..........of
19.....of book No............Volume......... Dated----------- Sub-Registrar SEAL If the document is presented for registration under a general power of attorney, the power shall be returned with the following endorsement. Presented with document No...........of 19………..book No.........Volume.......................... Dated............. Sub-Registrar SEAL
1. Redesignates the post of “Inspector Registration and Stamp” as “Assistant Inspector General, Registration and Stamp” by the Notification No. F1 (19)FD/Gr. Iv/82 Dated 13.01.1984 and the post of “Assistant Inspector General, Registration and Stamp”as “Dupty Inspector General Registration and stamps”Redesignates by the Notification No. F1 (ii)FD/Gr. Iv/91 dated 21.04.1992. https://indiankanoon.org/doc/132609173/ https://indiankanoon.org/doc/5655770/ https://indiankanoon.org/doc/110236028/ P a g e | 9
(2) Copies of decrees of Court ordering cancellation of registered documents received under section 39 of the Specific Relief Act, and copies of decrees of court directing registration of documents under section 77 of the Indian Registration Act, to be kept in annual bundles.
(3) Depositions of witnesses examined by Registering Officers, to be kept in annual bundles.
(4) Miscellaneous papers of an ephemeral character (e.g.) applications for summoning executants or witnesses, for issue of Commissions and the reports of Commissions and for copies of reasons for refusal to register to be classified and kept in annual bundles.
(5) Applications for copies of registered documents shall also be kept in annual bundles. An Index shall be attached to this bundle specifying (a) a serial number for the year, (b) date of application, (c) amount of fees realized, (d) date of grant of copy and (e) name of applicant. On the receipt of an application for a copy, columns (a),
(b) and (e) will be filled in and the serial No. endorsed on the application. After the copy has been given to the applicant, columns (c) and (d) will be filled in and the application filed in its proper place.
22. Custody of unclaimed documents.&(1) All documents other than those deposited under sections 42 and 43, which remain unclaimed in the District Registrar's Office or in the Sub-Registrar's Office or are returned undelivered by post after they have been registered or after registration has been refused, shall, after the expiry of one month from the date of registration or refusal or return by post, as the case may be, be entered in the register of unclaimed documents (Form No. 15, Appendix III). A list of unclaimed documents in Form No. 16, Appendix III, shall be exposed to public view in each office.
(2) A document which has been entered in the register of unclaimed documents will thereafter not be returned until a fee at the rate prescribed by Article XIII, sub-clause (1) of the Table of fees prepared and published by the Government of https://indiankanoon.org/doc/193638866/ https://indiankanoon.org/doc/41152577/ https://indiankanoon.org/doc/142001181/ https://indiankanoon.org/doc/46681478/ https://indiankanoon.org/doc/122568529/ https://indiankanoon.org/doc/109209854/ https://indiankanoon.org/doc/57900739/ P a g e | 10 Rajasthan is paid by the person whom he may have nominated to received it.
(3) In the Sub-Registrar's Office if the document be not claimed within three months from the date of registration or refusal or return by post, as the case may be, it shall be sent to the District Registrar's Office for safe custody in his fire-proof safe within a week. The District Registrar on receipt of these documents shall also enter them in the register of unclaimed documents of his office and they will be surrendered only after payment of the fees prescribed.
(4) All unclaimed documents forwarded by the Sub- Registrar for safe custody in the District Registrar's fire-proof safe shall be accompanied by an invoice in duplicate in Form No.6, Appendix III. One copy of the invoice shall after careful verification be receipted and returned to the office from which received with as little delay as possible.
23. Destruction of useless records and papers.& Each Sub-Registrar and the clerk dealing with registration of documents in the District Registrar's Office shall, as soon as possible, after the close of each calendar year submit to the District Registrar a list in Form No. 7 Appendix III containing proposals, for the destruction of records and papers which in accordance with the instructions contained in Appendix VI need no longer be preserved. The District Registrar, after examining the list, shall pass orders for destruction of such records and papers as he may consider necessary. As soon as sanction is received, the records and papers will be destroyed and certificate recorded at the foot of the list that they have been effectually destroyed. This list shall then be permanently preserved. It must be distinctly understood that no books, records, or other papers, whatever, shall be destroyed without the previous sanction in writing of the District Registrar.
24. Destruction of unclaimed documents.& All District Registrars should, early in January of each year, begin to prepare a list of unclaimed documents which have become liable to destruction under section 85 of the Act. As soon as the list is prepared, it should be hung up at a conspicuous place outside the office with a notice that unless the recipients https://indiankanoon.org/doc/82893298/ https://indiankanoon.org/doc/115110736/ https://indiankanoon.org/doc/50231458/ https://indiankanoon.org/doc/15280367/ P a g e | 11 appear within one month to claim the documents and pay, any fines due on them, the documents will be destroyed. Extracts from the list should, at the same time, be forwarded to the office in which the documents were registered to be exposed in a similar manner. As the close of the month, notice by letters 'service paid' should be addressed to the party entitled to receive the document lying unclaimed, and if the document is not claimed a month after the issue of the letter, it should be destroyed by or in the presence of the District Registrar and the date of destruction should be notified to the Sub-Registrars concerned with a view to a note being made in the margin opposite the copy in the book in which it is registered. In the event of the document being one of which registration has been refused, a note shall be made in the page of book II containing the order of refusal. Part III REGISTER BOOKS, SUBSIDIARY BOOKS AND INDEXES
25. Registers.&In the office of every District Registrar and Sub-Registrar, the following Registers shall be maintained:- Book No. 1. Additional File Book No. 1. Book No. 1. Book No. 2. Book No. 3. Book No. 4. Additional Book No. 4. Book No. 6. https://indiankanoon.org/doc/62429621/ P a g e | 12 Book No. 7. Book No. 8. Each District Registrar must also keep an additional register called Book No. 5.
26. The books shall consist of printed forms.& Containing the headings hereinafter prescribed and paged consecutively, bound in volumes of convenient size, the number of pages in each volume being certified on the title page. These volumes shall be numbered consecutively (a separate series for each book) and the numbers shall not terminate with the year, but shall run on perpetually. Every Registering Officer, on receiving such a volume, shall immediately examine it to see that it contains the certified number of pages and that these have been numbered in proper consecutive order. He shall note the result on the title page in the following form:- "This book contains...............pages consecutively numbered".
27. Certificate of Examination.&When a volume is filled up and at the end of each calendar year (at whatever point in a volume this may occur), the registering officer shall certify after the last entry in the volume or of the year, as the case may be, the number of entries made in that volume, during the current calendar year and the number of pages on which they are written. He shall also examine those entries and note in his certificate any errors or defects that he may discover and any accidental omission to make entries on any of the pages dealt with by the certificate. If in any current volume no entry is made in any calendar year the registering officer shall enter a certificate to that effect in that volume.
28. Consecutive numbers to be by the year.&The consecutive number of entries in each book prescribed in section 53 shall commence and terminate with the calendar year. https://indiankanoon.org/doc/113339344/ https://indiankanoon.org/doc/3320480/ https://indiankanoon.org/doc/143783278/ P a g e | 13
29. Concurrent Volumes of same Register.&If in any office the number of documents to be registered be so large that there is difficulty in entering them day by day in the appropriate registers, the registering officer may, with the previous sanction of the District Registrar, keep up concurrently two or more volumes of any register book; the documents bearing even number being entered in one volume, and those bearing odd numbers in the other.
30. Certificate as to figures and amounts in documents.&(1) In order to guard against mistakes and alterations in the figures used in documents, the registering officer shall in case where the figures are not also expressed in words in the body of the document, sign a certificate in the following form on the back of the document, using words and not figures. "Certified that in the tenth line figures expressing five biswas and in the fifteenth line figures expressing one thousand rupees, etc., etc. occur". All figures, whether ordinary or 'rakam' used in documents which are not also expressed in words in the body of the documents should be included in the certificates. If they are also expressed in words in the document itself no certificate is required.
(2) This rule does not apply to the khasra numbers of fields nor to the Mohalla numbers of houses. Book No. 1.
31. Book No. 1.&Book No. 1 is the register of Nontestamentary documents relating to immovable property as defined in the Act. In this book shall be entered all documents registered under sections 17 and 18 which relate to immovable property, and are not wills. It is open to public inspection and copies of entries in it shall be given to all persons applying for them on payment of the prescribed fees. It shall contain the headings prescribed in Form No. 1 (Appendix I).
32. References to previous registration.&When any document is registered in book Nos. I, III or IV affecting some other document previously registered in books No. I, III, or IV, a note giving the page, volume and the number of book of the latter document shall be entered opposite the entry of the https://indiankanoon.org/doc/189904785/ https://indiankanoon.org/doc/144693973/ https://indiankanoon.org/doc/58066434/ https://indiankanoon.org/doc/141191287/ https://indiankanoon.org/doc/172812669/ https://indiankanoon.org/doc/19608316/ P a g e | 14 earlier document. The note should be signed by the registering officer of the day. When the book containing the previous document is in the office, the note will be immediately made. When the book is in the Central Office of record of the district or in another district, a request for compliance with the rule will be immediately sent to the Officer incharge of the central office of record or to the District Registrar in whose district the previous document was registered. Notes of compliance with this rule should always be entered on the copies of documents in which the reference to previous documents occur, as without such notes, it cannot be easily ascertained whether the rule has been complied with.
33. 1 [X X X]
34. File Book No. 1.&(1) Besides the ordinary entries in book No. 1. the Act required that the following documents shall be filled in book No. 1.
(a) Copies and memoranda of documents received from other registering officers (for the purposes of Sections 64, 65, 66 and 67 of the Act).
(b) Copies of certificates of sales granted by courts under the Code of Civil Procedure or by Revenue Officers in regard to immovable property sold by public auction (section 89).
(c) Copies of maps or plan presented with manuscript or typed documents [under section 21 (c)].
(d) Translation and copies of documents in foreign languages presented under section 19 and 62.
(2) To prevent injury to the binding and the disturbance of paging which would result if these documents were filled in the bound volumes, a separate book to be called ―File-book No. I‖ shall be kept in each registration office and in it shall be pasted the documents and copies of maps and plans translations mentioned above.
1. Deleted by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991, w.e.f. 23.01.1991. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/143260442/ https://indiankanoon.org/doc/118645907/ https://indiankanoon.org/doc/141877195/ https://indiankanoon.org/doc/67761098/ https://indiankanoon.org/doc/82126908/ https://indiankanoon.org/doc/130032934/ https://indiankanoon.org/doc/99474119/ https://indiankanoon.org/doc/153537434/ P a g e | 15
(3) As regards the copies of maps or plans and the translations and copies of foreign documents filed in this book, it will be sufficient to note thereon the registration number and date of registration of the document to which they appertain and, the volume and page where the entry will be found. But all other copies and memoranda filed in this book shall be numbered in the manner laid down in rule 35 below and the necessary particulars given of them in indexes Nos. I and II. All documents should be pasted into it immediately on receipt, otherwise there is danger of their being lost or injured. It must be remembered that this file book is a part and parcel of book No. I and is only maintained as a separate volume to prevent the injury to the binding of book No. I.
35. Numbering of pages filed in file book No. I.& Copies and memoranda pasted into the file volumes of register book No. I shall be entered in the consecutive numberical series of that register according to the date of receipt, for example a document having been entered in register book No. I as No. 457, a copy received shall be pasted in the file volume of that register and receive the No. 458, and if before another copy is received a document is entered in register book No. I, it shall be numbered 459. The numbering of the copies pasted in the file book No. I, shall be consecutively marked at the top and the document numbers with volumes and pages of the file book noted in red ink on the heading of the page in book No. I on which the next serial number is entered. The file book is merely an additional volume of book No. I and must be paged in exactly the same way i.e. each side of each leaf must be treated as a page and numbered consecutively in bold figures at the top outer corner, each leaf being considered as two pages as in the case of book No. I itself. On each copy and memorandum entered in the file book should be conspicuously noted the page and volume of register book No. I of the consecutive series in which the copy or memorandum is entered and below the line should be given the page and volume of the file book also e.g. "Registered as No. 500 in Book I" Volume 10 on pages 20 & 21/file book I volume II, on page 60. The indexing should similarly be made with https://indiankanoon.org/doc/93249480/ https://indiankanoon.org/doc/86513282/ P a g e | 16 reference to pages and volume of both the register. The file book will be a bound volume containing blank butts.
36. File books subsidiary to book Nos. III and IV.&It sometimes happens that translations and copies are filed under section 62 in the case of documents in foreign languages registered in books Nos. III & IV. If such translations and copies are few in number, they may be pasted into the register book to which they relate. But if they are at all numerous, it is in the discretion of the registering officer to open file books subsidiary to books III and IV, as the case may be. BOOK No. II
37. Book No. II.&Book No. II is the register for the record of reasons for refusal to register. It is also open to public inspection and copies of entries in it shall be given to all persons applying for them. In the event of the applicants being persons executing or claiming under the document registration of which has been refused or their representatives or agents, the copy shall be given free of charge (for copying) but the copy must be stamped. The practice which sometimes prevails of copying the registered documents into this book in extenso is unnecessary and erroneous. The reasons for refusal should, however, without being prolix be sufficiently full to enable an appellate or inspecting officer to judge of their sufficiency but they need not contain a summary of any evidence which the registering officer may have taken; such evidence should be recorded on separate sheets of paper and filed in the office. When a document, the registration of which was originally refused, is subsequently registered by order of a District Registrar under section 72 or 75 or of a Civil Court under section 77, a note of such order shall be made in this register opposite the original record of refusal. When a registering officer refuses to register a document solely on the ground of want of jurisdiction, he shall hand it back to the person presenting it in the manner described in rule 93 without recording an order of refusal either on the document or in this book.
38. Discretional registration by District Registrar.& Re-registrations under section 23A are made by the District https://indiankanoon.org/doc/56939446/ https://indiankanoon.org/doc/188763717/ https://indiankanoon.org/doc/102576297/ P a g e | 17 Registrar. Under section 30, clause (a) discretional authority is given to the District Registrar of a district to receive and register any document which might be registered by any Sub- Registrar subordinate to him. District Registrars should exercise the discretion here given to them with a due regard to the public convenience. A refusal to register may compel numerous parties and witnesses to travel to a distant sub-office and carry with them large sums of money. Where the document is a will or authority to adopt, or where it relates to a transaction in which the Sub Registrar having jurisdiction is pecuniarily interested, or where it is written in English and the Sub-Registrar having jurisdiction is unacquainted with that language, the District Registrar should never refuse to accept it for registration except for very cogent reasons. Where a District Registrar decides that a document presented to him under section 30 ought to be registered in the office of a Sub- Registrar, he shall return it to the person presenting it without recording an order of refusal either on the document or in his book No. II.
39. Registering officers not concerned with validity of documents.&Registering Officers should bear in mind that they are in no way concerned with the validity of documents brought to them for registration and that it would be wrong for them to refuse to register on any such grounds as under:- 1[(1) that the executant was dealing with property not belonging to him:
Provided that the registering officer shall not register the document unless he is satisfied himself that the property does not belong to the Government or any Local Body.
Provided further that registering officer shall not refuse to register any document of any land, with or without construction, vested or placed at the disposal of the local authority in the course of conversion of agriculture land for non-agricultural purposes or regularization of the irregular use of agriculture land under the provisions of section 90A of the
1. Substituted by Notification No. F.2(25)FD/Tax/2010-50 Dated 17.05.2023 https://indiankanoon.org/doc/99583657/ https://indiankanoon.org/doc/10265343/ P a g e | 18 Rajasthan Land Revenue Act, 1956 (Act No. 15 of 1956) or rules made thereunder.]
(2) that the instrument infringed the rights of third persons not parties to the transaction;
(3) that the transaction was fraudulent 1 [X XX]
(4) that the executant had not agreed to certain conditions of the document;
(5) that the executant was not acquainted with the conditions of the document;
(6) that the executant declared that he had been deceived into executing; and
(7) that the executant is blind and cannot count. These and such like are matters for decision, if necessary, by competent courts of law, and registering officers, as such, have nothing to do with them. If the document be presented in a proper manner, by a competent person, at the proper office, within the time allowed by law, and if the registering officer be satisfied that the alleged executant is the person he represents himself to be, and if such person admits execution, the registering officer is bound to register the document without regard to its possible effects. But the registering officer shall make a note of such objections of the kinds mentioned in grounds (1) to (7) above, as may be brought to his notice in the endorsement required by section
58.
40. Denial of receipt of considerations.& If any person admits the execution of a document presented for registration, but denies the receipt in whole or part of the consideration recited therein, registration shall not be refused because of such denial but a note of the denial shall be made in the endorsement required by section 58.
41. Unwillingness to register.& If, after the presentation of a document for registration, the executant thereof does not
1. The expression ―or opposed to public policy‖ in clause (3) of Rule 39 has been deleted vide Notification No. F.2(9)FD/Gr.IV/88 Dated 10.01.1990 . https://indiankanoon.org/doc/169872711/ https://indiankanoon.org/doc/97080144/ https://indiankanoon.org/doc/158757122/ https://indiankanoon.org/doc/147818401/ https://indiankanoon.org/doc/169464644/ https://indiankanoon.org/doc/30457124/ https://indiankanoon.org/doc/194470585/ https://indiankanoon.org/doc/80001143/ P a g e | 19 appear, and the presenter neglects or refuses to enforce his attendance under Part VII of the Act, document may be returned if claimed back. In case it is not claimed back, the refusal to register should be recorded after the four months limit prescribed in section 34 has expired and the document is to be sent to the District Registrar for safe custody under rule
22.
42. Registration to be completed necessarily.&(1) If the executant appears and admits execution and his identity is established, the registration should be completed even though one or both of the parties may, after this stage, desire to withdraw the document from registration. If after admission of execution the executant, refuses or neglects to sign the endorsement, the registering officer should note this refusal as prescribed in section 58 of the Act.
(2) If after admission of execution and the necessary identification of the parties, the presenter (irrespective of the executant‘s action) refuses to proceed or to sign the endorsement, the registration should nevertheless be completed and a note of the refusal to sign endorsed on the document. The document, if not claimed, should be kept for one month under rule 22 and then sent to the District Registrar.
43. Denial as to receipt of consideration.&The case of simple denial of receipt of consideration is met by rule 40. If the document is not claimed by the person who presented it, or someone authorised by him to receive it (section 61) it should be retained for one month under rule 22 and then sent to the District Registrar.
44. Correction of defect capable of remedy.&Orders refusing to register should be made only after due care and consideration, and if the impediment to registration be a mere informality or defect capable of remedy, opportunity should always be given to the parties to correct the flaw. In such cases registration shall be deferred, and no final order of refusal shall be made until the document concerned becomes timebarred. https://indiankanoon.org/doc/83930056/ https://indiankanoon.org/doc/168497376/ https://indiankanoon.org/doc/105208656/ https://indiankanoon.org/doc/168125233/ https://indiankanoon.org/doc/95371812/ P a g e | 20
45. Partial refusal.&(1) When, under section 35 of the Act, but registration is admitted as to some of the parties to a document, is refused as to the rest, the registering officer shall endorse thereon an order in this form; ―Registration refused as to A.B. and C. D‖ He shall record the reasons for this partial refusal in his Book No. II, but in all other respects he shall proceed with the registration of the document in the ordinary manner. (This register shall contain the heading prescribed in Form No. 2, Appendix I).
(2) Where the person executing a document is dead, a registering officer shall not register the document unless all his legal representatives (personally or by agent as prescribed in section 34 of the Act) appear and admit the execution. The registering officer shall also take in such cases an affidavit from the claimants to the effect that there are no legal representatives of the deceased person besides themselves and shall refuse to register the document if the affidavit is not furnished.
46. Willful refusal or neglect to attend equivalent to denial of execution.& The refusal to admit execution of a document even if it is not made in the presence of the registering officer is a denial of execution within the meaning of the Act, and so also is willful refusal or neglect to attend before the registering officer to admit execution, notwithstanding sufficient legal service which may not necessarily be personal, and when such refusal or neglect occurs, the remedy will lie under section 73 or section 77 of the Act, as the case may be, for the purpose of having the document registered. Book No. III
47. Book No. III.&(1) Book No. III is the register in which wills and authorities to adopt are to be 1 [described], after they have been accepted for registration under section 41; also such wills as have been opened under section 45 and 46. It shall contain the headings prescribed in form No. 3,
1. Substituted by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991, w.e.f. 23.01.1991. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/7694480/ https://indiankanoon.org/doc/57482301/ https://indiankanoon.org/doc/75932714/ https://indiankanoon.org/doc/186241665/ https://indiankanoon.org/doc/138609446/ https://indiankanoon.org/doc/39905165/ P a g e | 21 Appendix. I. This book is not open to public inspection, nor are its indexes; but copies of entries in it or them shall, on payment of the prescribed fees, be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. The necessary search shall be made by the registering officer. When a will entered in this book affects immovable property situate in district or sub-districts other than that where the entry has been made, no copy or memorandum of such will need be sent to the registering officers of those districts or sub-districts.
(2) No entry is required in the 5th column of the heading of book No. III in the ordinary case of a testator presenting his own will. The particulars of the witnesses his identity occur in the endorsement. It is only in the case of proceedings before the District Registrar under section 45, or when a will, is presented for registration to a Sub-Registrar by a person claiming thereunder after the death of the testator, that entries are to be made in column 5.
(3) In this book No. III the District Registrar must enter not only copies of the wills, registered by himself, but also copies of the wills, opened under the provisions of section 45 and 46.
48. Wills and authorities to adopt.&To prevent mistakes it is here explained that every document making posthumous disposition of property is a "will" and should, when registered, be entered in book No. III. Further, that a document which merely declares the fact of having adopted a son, or giving a son for adoption, is not an authority to adopt and should not be entered in this book unless it contains testamentary dispositions which bring it within the above definition of "will" Deeds of adoption as generally met with in practice are of four classes:-
(1) Deeds which recite the fact of adoption only.
(2) Deeds which recite the fact of adoption, and convey the property of the adoptive father to the adopted son in the life-time of the former. https://indiankanoon.org/doc/146741483/ https://indiankanoon.org/doc/186478427/ https://indiankanoon.org/doc/40529899/ P a g e | 22
(3) Deeds which recite the fact of adoption and will the property to the adopted son after the adoptive father's death. (4.) Adoption deed executed by widows in pursuance of an authority to adopt. Instruments of the first class fall under section 18, clause (f) of the Act, and their registration is optional, but they must be presented if registration is desired within the time allowed in Part IV. They should be entered in book IV. Instruments of the second class should always be recorded in the registers as instruments of 'gift' (hibbanama). They must be brought for registration within the period of limitation allowed in Part IV, but are subject to different treatment, according as the property transferred is immovable or movable.
(a) Where the property transferred or any part thereof is immovable, the instrument falls under section 17 clause (a) of the Act, and should be entered in book No. I. Its registration is compulsory.
(b) Where the whole of the property conveyed is movable, the instrument falls under section 18, clause (d) and should be entered in book IV. Its registration is optional unless the transfer of the property is effected by the instrument itself when its registration is compulsory under section 123(2) of the Transfer of Property Act. Instruments of the third class must be recorded and treated in every respect as wills (wasiyatnama). Their registration is optional [section 18 clause (e)] and they may be presented at any time (section 27); they must be entered in book No. III. Instruments of the fourth class must be treated in every respect as those of the first. But care must be taken to distinguish between instruments conferring authority to adopt a son (Ijazatnama tabniyat), and adoption deeds executed in pursuance of such authority. The registration of an authority to https://indiankanoon.org/doc/129900735/ P a g e | 23 adopt is compulsory, while that of an adoption deed is optional; the former deed must be entered in book No. III, the latter in book No.IV. Adoption deeds not uncommonly contain stipulations on the part of the adoptive father for the maintenance of the adopted son, and provision for his marriage expenses. Such stipulations are to be regarded only as a record of duties which are imposed by the law itself, without express mention, upon the adoptive father, and do not bring the deeds which contain them within the definition of ‗agreements' in section 2 of the Indian Contract Act, 1872. Book No. IV.
49. Book No. IV.&(1) Book No. IV is the miscellaneous register, in which are to be 1 [described] all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property. It is not open to public inspection, nor are its indexes: and copies of entries in it or them shall be given, on payment of the prescribed fees, only to the parties executing or claiming under the documents to which such entries relate, or the agents or representatives of such persons. The necessary search shall be made by the registering officer. This register shall contain the headings prescribed in form No. 4 (Appendix I).
(2) 2[XXX] 3 [49A.& Special volumes of register books I, III & IV to be called additional book No. I, III & IV respectively in the form of file book with numbered butts and bound volumes may be opened with the sanction of the Inspector General in the Registration offices. These additional books shall contain the copies of the instruments corresponding to their respective descriptions in the books No. I, III & IV. A true or photostat copy of each document accepted for registration having attested entries of all endorsements made in the original document shall,
1. Substituted Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Published in extra ordinary Gazette dated 23.01.1991
2. Deleted by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991, Published in extra ordinary Gazette dated 23.01.1991
3. Added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/34465302/ https://indiankanoon.org/doc/70148384/ https://indiankanoon.org/doc/2643375/ P a g e | 24
(a) in case of file book with numbered butts be pasted in a manner that each sheet of the copy is pasted on a separate numbered butt. The registration officer shall put his signatures and date affixing the seal of the office in such a way that both the signatures and the seal may partly be on each butt so used and partly on the sheet so pasted thereon; and
(b) in case of bound volume is kept in custody of the concerning registration clerk till the number of sheets reaches hundred or nearest without division of the last document here, after these sheets shall be bound in the form of register with soft card sheets pasted with cloth so that a photo of any sheet may easily be got done. All documents in the additional books shall be kept in the same series as documents described in the main books. Each sheet in the additional book must be paged at the top outer corner in bold figures in red-ink and may be considered one page. Whenever such instrument is kept in an additional book a brief note showing that the copy of the document bearing number so and so has been kept in the corresponding additional book at pages so and so shall be inserted in the respective main book where the corresponding instrument is described in it.
Note:- In case of printed or lithographed documents presented for registration whether with or without maps or plans which are stitched and sealed in the form of a Book. It will not be necessary to separate each page of the document, but the whole document consisting of printed or lithographed matter together with maps and plans, if any should be pasted on one butt in the additional book].
50. Gift of movable property.&It may here be noted that the registration of instruments of gift of movable property has under the 2nd clause of section 123 of the Transfer of Property Act, 1882, been rendered compulsory whenever the property is not delivered to the donee. Under section 18(d) of the Indian Registration Act, they are, however, optionally https://indiankanoon.org/doc/62211098/ P a g e | 25 registrable and for the purposes of this Act, the registration will be in book IV. Book No. V
51. Book No. V.&(1) Book No. V is the register for recording transactions relating to the deposit and withdrawal of sealed wills mentioned in Part IX of the Act. When a will has been removed by order of court under section 46, the fact shall be noted in red ink across the entry and the note shall be authenticated by the signature of the District Registrar. It shall contain the headings prescribed in Form No. 5 (Appendix I).
(2) All depositors of wills should be informed that no steps will be taken by Government to ascertain when they die and to communicate after their death with the beneficiaries. A copy of the following notice may be given to every person depositing a will for safe custody under the provisions of section 42 of the Act. NOTICE TO DEPOSITORS OF WILLS. All wills deposited under section 42 of the Indian Registration Act are kept in perpetuity (unless withdrawn by the testator under section 44 or removed into court under section 46) in a fire proof safe. But depositors are informed that no steps can be taken by Government to ascertain the fact of their decease or to communicate thereafter with their beneficiaries. The sealed cover will simply be kept as deposited, unopened, until an application is made under section 45 or 46 of the Act. It is the testator‘s duty to take such steps as he may deem necessary to ensure that the existence and place of custody of the will may be known to the person or persons interested. Book No. VI.
52. Book No. VI.& (1) Book No. VI is the register for recording brief abstracts of powers-of-attorney authenticated under section 33, clause (a). It is not necessary to copy out in full the powers-of-attorney authenticated under section 33, and a brief memorandum of the contents is sufficient; but the exact words of the governing portion of the power-of-attorney https://indiankanoon.org/doc/177570902/ https://indiankanoon.org/doc/122002328/ https://indiankanoon.org/doc/54368056/ https://indiankanoon.org/doc/157965151/ P a g e | 26 empowering the attorney to present documents for registration and to complete the registration should be copied in column 4 of Register No. VI. The name of the office where registration is to be effected and a brief description of the property to be dealt with should be given in the abstracts relating to special powers-of-attorney. Particulars as to identifying witnesses should be copied in the last column. But when a power-ofattorney is registered it must of course be copied out in full in book No. IV like any other document.
(2) To prevent mistakes it is explained that the only description of power-of-attorney which a registering officer is competent to authenticate under section 33 is one which contains authority to present a document for registration, and this is the only kind of power of which entry should be made in book No. VI. The power-of-attorney must, except as provided in section 33 of the Act, be executed before the Sub- Registrar. The endorsement should state that this has been done and the abstract should always note that the instrument confers power to register. A power-of-attorney may of course be registered like any other document as explained above, but it will not be valid for registration purposes unless it has been authenticated under section 33. Accordingly, when a powerof-attorney is presented by a person who presumably does not understand the distinction between registration and authentication, and it be not a power which the registration officer can authenticate, he shall register the document in his book No. IV. But if the power contains, authority to present a document for registration, the registering officer shall explain the difference between authentication and registration, and ascertain the presenter's exact wishes in respect of the document. There is nothing of course, to prevent such a document being registered as well as authenticated if the principal wishes it, but in that case the two operations shall be treated as separate transactions, and the usual fees shall be levied for both. This book shall contain the headings prescribed in Form No. 6 Appendix I. Book No. VII
53. Book No. VII.& Book No. VII is the register of visits https://indiankanoon.org/doc/88936214/ https://indiankanoon.org/doc/119045589/ P a g e | 27 and commissions under sections 31, 33 and 38. It shall contain the headings prescribed in Form No. 7, Appendix I. In the column "distance travelled" is to be shown the distance from the office to the place visited.
54. Book No. VIII.&Is the register of thumb impressions. It shall contain the headings prescribed in form No. 8, Appendix I.
55. Instructions as to books in which documents should be registered.&(1) When a document is admitted to registration, the registering officer has to determine in which book it should be registered. This is a very important matter, not only because some of the books are open to public inspection while others are not, but also because questions of jurisdiction and limitation are involved. Ordinarily no difficulty will be experienced in determining, for the purposes of the Act, what is and what is not 'immovable property but as occasionally doubts may arise, the following instructions are laid down for the guidance of registering officers.
(a) Trees sold with a view to their being cut down and removed are 'standing timber' within the meaning of clause (6) of section 2 of the Act, while trees sold with a view to being kept permanently standing and enjoyed by the taking of their fruits or otherwise are immovable property. Consequently documents relating to trees of these classes ordinarily used for timber should be registered in book No. IV unless the terms of the documents clearly contemplate their being kept standing and enjoyed; conversely, documents relating to trees not ordinarily utilized as timber should be registered in book No. I unless the terms of the document make it clear that they are to be cut down.
(b) Agreement relating to the manufacture of salt-petre, and to other products of earth (except standing timber, growing crops and grass) should be registered in book No. I as document relating to immovable property. https://indiankanoon.org/doc/195111979/ https://indiankanoon.org/doc/62840504/ https://indiankanoon.org/doc/24180357/ https://indiankanoon.org/doc/14955033/ https://indiankanoon.org/doc/184233865/ P a g e | 28
(c) An instrument conferring the right to cut Sajji for a term of years over a specified area of land, and conveying a right not only to Sajji plants growing at the time of contract, but to those produced on the land in future for the term of years agreed upon is registrable in book No. IV.
(d) A document conveying the income of a Mela (i.e. the offerings of worshipers at a sharine) has to be registered in book No. I as the property transferred is income derived from a sacred building and the document should therefore for registration purposes, be treated as one relating to immovable property.
(e) Acknowledgments of the receipt of payment of consideration for the conveyance of immovable property must be registered in book No. I, and of other property in book No.IV.
(f) The allowance to village headman on a percentage basis on the land revenue commonly known as 'Haq Lambardari is a benefit arising out of land' within the definition of immovable property given in clause (6) of section 2 of the Act.
(g) Deeds of gift, mortgage, sale, lease and partition of immovable property should be registered in book No. I.
(h) Contracts of sale of immovable property and agreements of mortgage are deeds which should be registered in book No. IV. AUTHENTICATION OF REGISTER BOOKS
56. Authentication of entries in register books.& Every entry in books Nos. I, III and IV shall be, as far as practicable, an exact counterpart of the original, but interlineations, blanks, erasures or alterations should not be copied as such, but should be noted at foot as required by section 20 of the Act. The registering officer shall also see that the entry has been made in the book to which it property belongs, that the number affixed to it is that which it ought to bear in order to maintain https://indiankanoon.org/doc/37273603/ https://indiankanoon.org/doc/172544366/ https://indiankanoon.org/doc/149146758/ https://indiankanoon.org/doc/115038449/ https://indiankanoon.org/doc/91561572/ https://indiankanoon.org/doc/139511248/ https://indiankanoon.org/doc/147022421/ P a g e | 29 the consecutive series required by section 53, and that the book, the volume, and page entered in the certificate of registration are correctly stated.
57. Examination of copies and authentication of errors.&The record of every document shall be compared with the original by some person other than the copyist, and both the copyist and the examiner shall append their signatures to the record and enter the words 'copied by' or 'Examined by'. The registering officer shall then proceed to authenticate errors in the copy and to make any notes which may be necessary under section 20 of the Act. He shall also affix his initials in English or short signature in vernacular at the bottom of each page and at the end of the record, and shall, under his usual full signature and official designation, certify it to be a true copy.
58. Erasures prohibited.&No erasures shall be made with an ink erasure, knife or by any other means in any register book, but mistakes shall be corrected when necessary with the pen. All interlineations and corrections in the register books shall be made in red ink. Corrections shall be made by drawing the pen through the words wrongly copied and re-writing them. INDEXES
59. Indexes to be prepared on printed forms.&The current indexes, required by section 54 to be kept up in every registration office shall be prepared on printed forms to be supplied from the Government Press through the 1 [Deputy Inspector General] of Registration on indent being submitted to the office of the Inspector General. The sheets should be headed with the different letters of the alphabet by the registering officer. At the end of the year all used sheets should be bound up in their proper alphabetical order.
60. Index No. I.& Index No. I is that in which section 55 requires that the names and additions of all persons executing and of all persons claiming under every document registered, or memorandum filed in book No. I, shall be entered. This index shall contain the names and additions not only of the parties concerned in the document but also of those concerned in the copies for memorandum of documents received from other registration
2. 1. Redesignates the post of “Inspector Registration and Stamp” as “Assistant Inspector General, Registration and Stamp” by the Notification No. F1 (19)FD/Gr. Iv/82 Dated 13.01.1984 and the post of “Assistant Inspector General, Registration and Stamp”as “Dupty Inspector General Registration and stamps”Redesignates by the Notification No. F1 (ii)FD/Gr. Iv/91 dated 21.04.1992. https://indiankanoon.org/doc/32238556/ https://indiankanoon.org/doc/152271033/ https://indiankanoon.org/doc/78324039/ https://indiankanoon.org/doc/55343197/ P a g e | 30 offices and filed under section 64, 65, 66 and 67, as well as those concerned in the copies of order by Revenue Officers granting loans and of certificates granted by Civil Courts under rule 94, Order XXI. Schedule I of the Civil Procedure Code, 1908. or by Revenue officers which are filed under section 89 of the Act. It shall contain the headings prescribed in form No. 1, Appendix II.
61. Index No. II.& (1) Index No. II is that in which, by section 55, the particulars mentioned in section 21 relating to every document registered memoranda filed, in book No. I are to be entered. Entries should, as a rule, be made under the name of the town or principal village where the property affected is situated, the name of mohalla in the case of a town, or of a hamlet in the case of a village being given in column 4. It shall contain the heading prescribed in form No. 2, Appendix II.
(2) A Sub-Registrar on registering a document of the nature mentioned in section 64 or section 65 shall enter in this index only that portion of the property which is situated in his Sub-district.
(3) A District Registrar on receiving a copy of a document under section 65, 66 and 67 shall enter only the property situated in his own district.
(4) A Sub-Registrar on receiving a memorandum of a document under sections 64, 65, 66 or 67, or a copy of an order or certificate under section 89, shall enter the particulars of the property concerned in this index.
(5) If the property is situated in more than one town or village in the district or Sub-district the name of each place shall be separately indexed under its initial letter.
62. Index No. III.& Index No. III is that in which section 55 requires that the names and additions of all persons executing every will and authority to adopt registered in book No. III. of the executors and persons respectively appointed thereunder, and (after the death of the testator or donor, but not https://indiankanoon.org/doc/122115086/ https://indiankanoon.org/doc/46549300/ https://indiankanoon.org/doc/62637903/ https://indiankanoon.org/doc/53728389/ https://indiankanoon.org/doc/137844101/ https://indiankanoon.org/doc/81993875/ https://indiankanoon.org/doc/196153138/ P a g e | 31 before) of all person claiming under the same shall be entered. It shall contain the headings prescribed in form No. 3 Appendix II.
63. Index No. IV.&Index No. IV is that in which section 55 requires the names and additions of all persons executing and all of persons claiming under every document copied in book No. IV or filed in Additional Book No. IV to be entered. It shall contain the headings prescribed in form No. 4 Appendix II.
64. Index how to be prepared.&Index entries shall be made on the same day as the document to which they relate is copied or filed in its proper register, or at latest on the following day. The official, who indexes the document shall append his signature with date under the words ‗indexed by‘ which will be entered in red ink on the top of the copy of the document entered in the proper register, on the document filed in Additional Book No. I under rule 33 on the document filed in Additional Book No. IV under rule 49 or on a copy or memorandum filed in File Book No. I under rule 34 read with rule 35 as the case may be. The registering officer shall, before he certifies a copy as true copy under rule 57 or finally endorses a document, copy or memorandum under rule 33 or 35 satisfy himself that the same has been properly indexed. The indexes shall be kept in Hindi. The headings of the columns have however been printed both in English and in Hindi to enable all District Registrars and Sub-Registrars acquainted with English and able to conduct business in that language to prepare indexes of English documents in English. The English lettered sheets of the index should at the time of binding be put with sheets of the corresponding Hindi letter.
65. Initial letters.&Entries should be made with reference to the first letter of the name, and not that of the rank, title or caste.
66. Native Christians.&In the case of Christians who have Christian names and family names, the entries should be indexed with reference to the first letter of the surname. In the case of Christians who have no family names, and who add their father's names or the name of their village to their own https://indiankanoon.org/doc/123431467/ https://indiankanoon.org/doc/185749595/ https://indiankanoon.org/doc/160302961/ https://indiankanoon.org/doc/182742276/ P a g e | 32 the entries should be indexed in the same manner as laid down in rule 65.
67. Companies banks, etc.&Entries regarding compnies, bank etc., shall be made under the initial letter of the first word, omitting the article. EXAMPLE.&The Land Mortgage Bank of India, under 'L', the Bank of Upper India, under 'B' and the Allahabad Bank under 'A'.
68. Government.&Entries in the case of documents in which Government is concerned shall be made in the English indexes under 'G' as the first letter of the word 'Government' and in Hindi indexes under 'l' as the first letter of the word 'Sarkar', the official designation of the officer representing Government being given in the first column.
69. Certificates or sales etc.&In the case of certificates of sale given by a court, the names of the judgement-debtor and of the auction purchaser should be indexed in the appropriate nominal index and an entry made under 'l' in Hindi indexes of the official designation of the officer who has granted the certificate.
70. Security bonds.&In the case of security bonds, the name of the person for whom the security is given should be indexed as well as those of the executant of the bond, and the person in whose favour it is executed.
71. Agent or representative.&(1) When a document is executed by an agent or representative, the name of every principal as well as of every agent or representative, and of every person claiming under the document, should be indexed. Example.& (1) A bond executed by Mr. D. Manager, on behalf of the Allahabad Bank, would be indexed under A for principal, and also under D, that being the first letter of the surname of the agent executing the bond on behalf of the bank. https://indiankanoon.org/doc/17046707/ https://indiankanoon.org/doc/42188729/ https://indiankanoon.org/doc/82712432/ https://indiankanoon.org/doc/124549245/ https://indiankanoon.org/doc/161963240/ https://indiankanoon.org/doc/152018692/ P a g e | 33
(2) Documents executed by or in favour of guardians on behalf of minor should be indexed in the names of the guardians as well as the minors.
(3) If the person with respect to whom a document is to be indexed is mentioned in the document under an alias as well as his real name, the document should be indexed with respect to both the alias and the real name.
(4) Similarly if a town or village is called by two distinct or different names in the document, it must be indexed with respect to both names.
72. Documents entered in book No. I.&The entries in indexes respecting all documents entered in file book No. I shall be made in red ink, so that it may be apparent that the document has only been filed in the District Registrar's or Sub- Registrar's office. SUBSIDIARY BOOKS
73. Name of Subsidiary Books.&The following subsidiary books must be maintained in all the registration offices.
1. Fees book.
2. Cash account book.
3. Receipt book.
4. Order file.
5. Minute book.
74. Fees Book.&(1) The fees book shall be kept in Form No. 14 Appendix I in the vernacular printed bound volumes containing 100 or 200 pages each, being supplied from the Inspector-General's or Registrar's office. This book must be written up daily, the registration fees realised on each document (distinguished by its registration number and the number of the book in which it is entered), being shown separately, and the total collections of the day entered in the appropriate column, copying fees being shown separately from other fees. This daily total must be verified by the registering officer who shall affix his signature in tax token of such verification. On the last account day of each month, the several https://indiankanoon.org/doc/34126542/ https://indiankanoon.org/doc/171711066/ https://indiankanoon.org/doc/42887467/ https://indiankanoon.org/doc/168908635/ https://indiankanoon.org/doc/170077137/ https://indiankanoon.org/doc/186517329/ https://indiankanoon.org/doc/20127310/ P a g e | 34 columns of the fees book shall be totalled, the totals being written in red ink and signed by the registering officer, the entries for the remaining days of the month being carried forward and included in the totals for the following month.
(2) Where there is a Government treasury or sub-treasury as the same place as the registration office, the fees realised shall be paid into the treasury or sub-treasury daily, the signature of the treasurer at the headquarter or of the cashier at tehsil sub-treasuries being taken in the fees book in acknowledgment of the receipt of the amounts entered. All sums received subsequently to the closing of the treasury or sub-treasury accounts for the day shall be credited the next day along with receipt up to the hour of closing of the treasury or sub-treasury accounts for that day and so on. All sums taken on any day on which the treasury or sub-treasury is closed owing to a holiday shall be credited on the day the treasury or sub-treasury re-opens. The words ―treasury closed‖ should however, be written in the fees book against the fees of the day not credited for this reason. Where a registration office is situated at a place where there is no Government treasury or sub-treasury the collections of the registering officer may be transmitted by him monthly to the nearest treasury or subtreasury as the District Registrar directs in time to admit of their being included in the current months account. 1 [(2A) Registration fees payable on an instrument shall be paid by demand draft or by pay order drawn on a branch of any scheduled bank or deposited into Government Account head 0030 through e-GRAS challan as prescribed, in any bank authorized by the State Government. (2B) The Inspector General of Registration with prior approval of State Government may authorize any person, agency or company for collection of registration fees. (2C) The Registering Officer on production of such demand draft or pay order or e-GRAS challan or receipt of the payment issued by any person, agency or company authorized
1. Inserted by Notification No.F.4 (15)FD/Tax/2014-67, dated 14.7.2014 https://indiankanoon.org/doc/115142133/ P a g e | 35 for collection of registration fee, certify in such manner as may be prescribed by endorsement on the instrument of the amount of registration fees so paid. (2D) In cases where circumstances warrant, the Inspector General of Registration may allow payment of registration fees in cash in certain offices of the Sub Registrars as may be notified. 1 {(2-E) In determining the amount of fee payable under the Act, any fraction of one rupees, equal to or exceeding 50 paise shall be rounded off to next one rupees, and such fractions of less than 50 paise shall be disregarded.}]
(3) All fees for the registration of documents are payable on presentation but should not be realised until the document is formally accepted for registration. All fees received shall be credited to Government, whether the documents have been admitted to registration or not. Travelling allowance realised under the provision of article XIV, sub-clauses (4) and (5) of the table of fees may however be appropriated by the registering officer or commissioner, as the case may be.
(4) All receipts in the Registration Department shall be credited in the treasury accounts under the following heads:-
(a) Fees for registering documents Registration fees.
(b) Fees for copies of registered document.
(c) Miscellaneous. 2 [Provided that-
(a) The provisions of this rule shall apply, mutatis mutandis to the amount of additional stamps duty, if any, realised under the provisions of Indian Stamp Act as adapted in Rajasthan.
(b) The Inspector General may prescribe a specific challan form to credit the receipt in treasury account under sub-rule 4 above.]
1. Substituted by Notification No. F.4(3)FD/Tax/2018/94 Dated 12.02.2018
2. Added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/19748093/ https://indiankanoon.org/doc/91739175/ https://indiankanoon.org/doc/65944049/ https://indiankanoon.org/doc/28370215/ https://indiankanoon.org/doc/107087451/ P a g e | 36
75. Cash Book.&A cash book in form No. 21 Appendix I will be maintained in each office.
76. Receipt Book.&(1)The receipt book will be in Form No. 9 Appendix I each volume of the book contains one hundred blank printed forms and each form is divided into three parts, given below:&
(i) To contain particulars for indentifying the document presented for registration, and an acknowledgment of the receipt of the prescribed registration fees. This is to be filled up, torn off and given to the presenter on realization of the fees.
(ii) To contain a brief description of the document, an acknowledgement of its receipt for registration. This is the ―receipt‖ mentioned in section 52 of the Act, and it should be filled up. torn off and given to the person presenting the document at the same time as the receipt for the fees.
(iii) The counterfoils which remain permanently in the book.
(2) Registering officers will see that receipts are given in the order in which documents are admitted to registration, that all prescribed particulars are filled in; that in the place for description of property it is stated whether it is immovable or movable, and in the case of mortgages whether with or without possession; and lastly, that the name of the executant and not, as is sometimes erroneously done, the name of the scribe, is noted in the place provided for this purpose.
(3) Each volume of these receipt books, which contains one hundred printed forms numbered consecutively 1 to 100 shall be numbered in a consecutive series which shall commence and terminate with the calendar year a fresh series being commenced at the beginning of each calendar year. A new volume however need not be brought into use at the beginning of the year, until all the receipts in the volume in use have been filled up. The volume in which receipts of two years fall should bear a double number, (300 of 1951/1 of 1952). The document will be returned to the person applying https://indiankanoon.org/doc/166980897/ https://indiankanoon.org/doc/134459499/ https://indiankanoon.org/doc/63844104/ https://indiankanoon.org/doc/90130848/ https://indiankanoon.org/doc/76673091/ https://indiankanoon.org/doc/18738152/ https://indiankanoon.org/doc/66921748/ https://indiankanoon.org/doc/175337900/ P a g e | 37 for return and presenting the receipt granted under section 52 of the Act, or to the person desiring its return by post in the manner as laid down in rule 134 provided he is the presenter of the document or a person nominated by the presenter under section 61(2) of the Act. The nomination in both cases must be on the reverse of the receipt. In cases of documents returned personally to the person mentioned above, on presenting the receipt, the signature of the recipient will be taken with the date, in the space on the reverse of the receipt which will be pasted immediately to its proper counter foil in the receipt book. 1[(4) The amount of additional stamp duty if any, realised under the provisions of the Indian Stamp Act as adapted in Rajasthan shall also be acknowledged through this receipt specifically under the heading, 'Miscellaneous'.]
77. Loss of receipt.&If the person to whom the receipt was granted satisfies the District Registrar or Sub-Registrar that he has lost or mislaid it, the document may be returned to him on his written acknowledgement of its return. If he is not personally known to the officer returning the document his thumb-impression should be taken on the counterfoil of the receipt unless he is of sufficient standing to render this precaution unnecessary. The document shall in no case be returned to any one but the person who presented it for registration, or his representative or agent or a person nominated in writing to receive it in accordance with section
61.
78. Commission fee.&When several documents are registered by one party at the same time and place, one commission fee and one travelling allowances shall be charged. But if one journey is made to register documents belonging to different executants, the commission fee shall be charged against each person, or group of persons, registering a document or documents. Only one travelling allowance shall be charged and it shall be divided equally among the parties. For instance, if the Sub-Registrar goes to a mauza to Register one document belonging to A, two documents belonging to B
1. Added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/164219506/ https://indiankanoon.org/doc/37767938/ https://indiankanoon.org/doc/17209980/ P a g e | 38 and two documents belonging to C and D, he should charge one commission fee to A, one commission fee to B and one commission fee to C and D, and should charge each with one third of the travelling allowance. 1[79. Refund of fees.&(1) In the event of registration being refused, or not taking place for other reasons, any fees which may have been levied will be refunded except fees for commissions, summons, attendances, and travelling allowances, where such fees have been earned.
(2) Inspection or search fees may be refunded in cases where no inspection or search is made, but shall not be refunded where a partial inspection or search has been made.
(3) Any registration fees charged by a registering officer in excess of what is actually chargeable under the rule may be refunded at the discretion of the Collector (Stamps) provided that the refund is claimed within six months and the Collector (Stamps) is satisfied that there has been a clear over-charge.
(4) Application for refund of fees will be in writing to the Collector (Stamps) who will pass orders thereon. The Collector (Stamps) will be responsible for seeing that receipts are obtained and recorded for the full amount of fees to be refunded.]
80. Remission of fines.&Applications for remission of fines levied under section 25 or section 34 shall be made in writing to the District Registrar, who shall forward them to the Inspector-General under section 70 of the Act with his own remarks, together with a bill for refund, if necessary, in the form prescribed by the Accountant General. Amounts so refunded shall be drawn by the District Registrar and paid to the person entitled to receive them on his furnishing a formal receipt.
81. Order file.&The order file is a guard-book in which should be filed all orders whether emanating from the Inspector- General or the Registrar of the district. All orders of this character should be pasted in as soon as received, and should
1. Substituted by Notification No. F.4 (2)FD/Tax/2021-285 Dated 24.02.2021 https://indiankanoon.org/doc/132291563/ https://indiankanoon.org/doc/141024536/ https://indiankanoon.org/doc/47487199/ https://indiankanoon.org/doc/142741307/ P a g e | 39 not be allowed to lie loosely about. The order file must be in two parts; (1) circulars and general orders of the Inspector- General, and (2) orders of a general or permanent character issued by the Registrar. Temporary or special orders will be put in the yearly bundles and be weeded according to the instructions. The correction slips are not to be placed in the order file book but in the Manual. A list should be prepared for each year and pasted into the order file containing a brief description of all orders so filed. This list should not be made up at the end of the year, but written up from time to time as orders are filed.
82. Minute Book.&(1) Every Sub-Registrar shall keep a minute book in form No. 15 Appendix I. This book is intended, primarily to contain the record of all suspensions of the ordinary procedure of acceptance for and admission to registration; for example:&
1. When the document presented for registration has been impounded under the Indian Stamp Act, 1899 as adapted to Rajasthan;
2. When the document is returned for presentation in the proper office;
3. When the document is returned for correction or amendment;
4. When the document is put aside pending appearance of parties or witnesses. 1 [5. When the document is kept pending for registration in view of a person who is willing to pay, the additional duty under section 47-D (2) of the Indian Stamp Act as adapted to Rajasthan but wants reasonable time for such payment.
6. When the document is kept pending for site inspection to ascertain facts.]
(2) In it should also be recorded the reasons for noncompliance with an application for search, inspection or copy,
1. Added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Published in extra ordinary Gazette dated 23.01.1991 https://indiankanoon.org/doc/138015508/ https://indiankanoon.org/doc/43829583/ P a g e | 40 unless in the case of copies, searches and inspections sufficient particulars have already been given in the remarks columns of registers of applications for copies searches and inspections.
(3) The entries in the minute book should be made by the Sub-Registrar with his own hand and each proceeding should be signed and dated by him. When proceedings relating to the same case are recorded on more than one occasion, the serial numbers of the subsequent entries will be entered in column 2 of the first entry. Column 2 of each subsequent entry will show the serial number of the first entry.
(4) When a document presented for registration is returned by a Sub-Registrar for correction or amendment or on any other ground, the Sub-Registrar shall also briefly record his reasons on an objection slip in form No. 22, Appendix I and make over the slip to the presenter. When the document is subsequently admitted for registration, the Sub-Registrar will file the slip for perusal by the inspection officers. 1[82-A. Entries in minute book for pendency of document on certain grounds.&(1) When a document presented for registration is kept pending for registration for any reason, it shall be recorded in the minute book mentioning the reasons in detail.
(2) When the document presented for registration is impoundable the registration officer shall, while proceeding under rule 96 record the fact of verbal and written intimation given to the person presenting the document in the minute book. If the person liable to pay the duty offers to pay the amount of duty under section 47 (D) (2) of the Indian Stamp Act as adapted in Rajasthan but wants reasonable time, the registering officer while allowing him to do so, shall record the facts in the minute book. If such a person refuses to pay the required amount than also this fact shall be recorded in the minute book before making a reference to the Collector.
(3) When a registering officer inspects a site for satisfaction of the correctness of facts mentioned in a
1. Added by Notification No.F.2 (7)FD/Gr-IV/88 dated 21-1-1991,. Publish