Registration of Documents

Q1 How ownership of immovable property is acquired by a person?

Ans A person may acquire immovable property in any of the following way
(i) By inheritance of ancestral property.
(ii) Through will.
(iii) Acquisition by oneself such as purchase etc.
(iv) Through gift, trust, settlement deeds.
(v) Grant, sanad / Inam by the Government
Through decree of Court.
There are two ways of acquisition:

1.By act of parties.

Example: Purchase, gift etc.

2. By operation of law
Example: Inheritance, decree of Court etc. (for details please see Transfer of
Property Act, 1882 (Central Act))
Q2 Is it necessary to register in Office of the Sub Registrar to get khata transferred in
respect of property acquired by inheritance?
Ans Not necessary. After the death of owner of a property his heirs, such as wife,
children i.e. male and female, married or unmarried may get the Khata transferred
on production of death certificate of the owner with details of property held by him
to the following officers.
If property is an agricultural land - Tahasildar (See Sec.128 of Karnataka Land
Revenue Act, 1964) Offices of Corporation, Municipality, Panchayat or City survey
if such office exists.
Q3 Which are the documents requires to be compulsorily registered?
Ans 1. Gift deed of immovable property.

2. Other non-testamentary instruments, which purport or Operate to create,

declare, assign, limit or extinguish whether in the present or in future, any right,
title or interest, whether vested or contingent, of the value of one hundred rupees
and upwards, to or in immovable property;

3. Non testamentary instruments which acknowledge the receipt or payment of any

consideration on account of the creation, declaration, assignment, limitation or
extension of any such right, title or interest;

4. Leases of immovable property from year or for any term exceeding one year, or
reserving a yearly rent;

5. Non testamentary instruments transferring or assigning any decree or order of a

court or any award when such decree or order or award purports or operates to
create, declare, assign, limit or extinguish whether in the present or in future, any
right, title or interest, whether vested or contingent, of the value of one hundred
rupees and upwards, to or in immovable property;

6. The documents containing contracts to transfer for consideration, any

immovable property for the purpose of section 53A of the Transfer of Property Act,
1882 shall be registered if they have been executed on or after the commencement
of the Registration and Other Related Laws (Amendment) Act, 2000 and if such
documents are not registered on or after such commencement, then, they shall
have no effect for the purposes of the said section 53A
Q4 How to effect partition of .property?
Ans a. If all the parties have share (common right) in the property partition can be
effected. If partition is effected through an instrument such instrument must be
compulsorily registered.
b. Oral partition affected through memorandum submitted to the concerned
authorities need not be registered.
c. Stamp duty has to be paid in respect any kind of partition whether it is to be
compulsorily registered or not.
d. Parties to the partition may agree to effect partition of unequal shares.
Q5 When there are two or more heirs, can one or two be made full owners by others
taking money in lieu of their share?
Ans a) Yes. Any of the co-owners can individually or collectively release his / their right
in favour of one or more collectively as the case may be and make him / them full
owner. This kind of release can be with or without payment of money. This
document is called Release.

b) Release can be made not only in case of inherited property but also in case of
joint purchase/acquisition.
Q6 What is a will?
Ans A testamentary document by which a person bequeaths his property to be effective
on his death is a will. The property will devolve on the person in whose favour it is
bequeathed after death of testator.
Q7 Who can execute a will?
Ans a) Any person above the age of 18 years and mentally sound may execute will, but
will caused by fraud or coercion or by importunately will not be valid. Therefore a
will must be executed voluntarily.

b) Parents or guardians cannot execute will on behalf of minors or lunatics.

c) Attestation by minimum two witnesses is necessary.

d) Scribe (deed writer / advocate) cannot be called witness. Two independent

attesting witnesses other than the scribe or necessary.

e) Beneficiary under a will should not sign as attesting witness.

In order to avoid disputes in implementation of a will, description of property and
the beneficiaries should be clearly be written without giving room for any doubt.
Q8 Is it compulsory to register a will?
Ans It is not compulsory to register. Executants may register at his option. It is better to
register the will. If original is lost a certified copy can be obtained from Sub-
Registrar Office.
Q9 Where can the will be registered?
Ans It can be registered in any office of the Sub Registrar in India
Q 10 Is there any time limit to register a will?
Ans There is no such time limit
Q 11 Can a will be cancelled?
Ans The testator can cancel his will at anytime during his lifetime. Such cancellation
deed requires a Stamp duty of Rs.100-00
Q 12 Can a registered will be rectified or changed?
Ans If executant of a will wishes to rectify, add to will may do so during his lifetime.
This is called codicil. This document does not require stamp duty.
Q 13 Can a will be registered even after death of testator?
Ans Yes, claiming party under the will have to produce will, records relating to the
 death of the testator, witness and the scribe before the Sub Registrar. If Sub
Registrar is satisfied about the truth and genuineness of the execution of the will,
he will register.
Q 14 What is the Stamp duty and Registration fee to register a will?
Ans There is no Stamp duty on will deed. For registration of will during the life time of
the testator Rs.200-00 Registration fee prescribed. To register the will after the
death of the testator Registration fee of Rs.200-00 and enquiry fee of Rs.250-00 is
prescribed.
Q 15 Is the certified copy of a registered will available to any body?
Ans A certified copy of a registered will is available to the testator only during his
lifetime. After his death anybody can obtain after producing proof of death of
testator.
Q 16 How to keep contents of a will confidential?
Ans Will can be deposited in a sealed cover in office of the District Registrar. A fee of
Rs.1000-00 prescribed to deposit will in a sealed cover. Depositor or authorized
person (executor) can withdraw the sealed cover containing a will, if desires to do
so. A Registration of Rs.200-00 prescribed.
Q 17 What is the procedure to obtain the sealed cover containing a will after the death of
the depositor?
Ans On making an application along with proof of the death of the depositor, District
Registrar will open sealed cover in the presence of the applicant and it will be
registered. Certified copy will be issued if desired. A fee of Rs.100-00 prescribed to
open a sealed cover.
Q 18 What is the procedure for change of khata of the properties obtained through will?
Ans After the death of the testator person claiming through the will have to apply to the
concerned authorities as explained in question no.2 along with the copy of the will
and death proof.
Q 19 What are the duties and liabilities of buyers and sellers while purchasing a
property?
Ans Following is the duties and liabilities of buyers and sellers

Before sale

Liabilities of seller Liabilities of purchaser

To inform defects in the property
To provide records of right
To execute sale deed Payment of consideration
To pay of the liabilities on the property

Rights

Rights of seller Rights of buyer

To get rent and profits Right of encumbrance on consideration already paid

After completion of sale

Liabilities of seller Liabilities of purchaser

To hand over possession Liability on accidental or loss to the
property
Information about right
To hand over records of rights after Duty to pay taxes and liabilities after
receipt of consideration taking possession of property
Rights of seller Rights of buyer
 If consideration is due encumbrance Incremental value/profit on property
on property of such dues

Though there are rights and duties the purchaser should carefully examine the
following matters;

1) Original documents.
2) How did the seller acquire the property.
3) Encumbrance Certificate of the property for a minimum period of 15 years from
Sub Registry Office to know if there are any encumbrances on the property to be
purchased.
4) Verify from the concerned court if there are any litigations on the property to be
purchased.
5) Verify if there are any litigations, objections in revenue, municipal offices about
inheritance or any other matter.
6) If seller is a power of attorney holder, it should be verified from the principal
and if such power of attorney is genuine and whether it is still in force.
7) It should be verified whether the transaction is opposed to public policy
under Section 22A of the Registration Act, 1908. If so the document will not be
registered.
8) If the Property is a granted land to the member of scheduled caste and
scheduled tribe, it should be verified if the transaction is in contravention of the
terms and conditions of grant and whether permission of the Government is
obtained for transfer.
Q 20 What are the transactions opposed to public policy?
Ans Government has declared the following as opposed to public policy under Section
22A of Registration Act, 1908 namely,-

(1) (a) Agreement to sell, sale, gift, exchange, mortgage, lease or assignment of land
of which the occupancy right has been granted under Chapter III of the Karnataka
Land Reforms Act, 1961 in contravention of the restrictions imposed under section
61 of the said act and the rules framed there under.

(b) Agreement to sell, sale, gift, exchange or otherwise of any land in excess of the
ceiling limit specified in section 63 or 64 of the Karnataka Land Reforms Act, 1961
in contravention of section 74 of the said act and the rules framed there under.

(c) Agreement to sell, sale, lease, mortgage with possession or otherwise of any
agricultural lands to a person or a family or a joint family who or which has an
assured annual income of rupees Two lakhs and above from sources other than
agriculture in contravention of section 79-A of the Karnataka Land Reforms Act,
1961 and the rules framed there under.

(d) Agreement to sell, sale, lease, mortgage with possession or otherwise of any
agricultural land to an educational, religious, charitable institution society, trust,
company, association, other body of individuals or a co-operative Society other
than the co-operative farming society in contravention of section 79-B of the
Karnataka Land Reforms Act, 1961 subject to the exceptions and exemptions
provided under section 109 of the said act and the rules framed there under.

(e) Agreement to sell, sale, gift, lease, mortgage with possession or otherwise of any
agricultural land granted under the Karnataka Land Grant Rules, 1969 subject to
restrictions on sale, transfer, and specific use imposed there under as per the
provisions of the said Rules.

(2) One cannot possess land as owner, tenant or as mortgagee with possession in
excess of 10 units. If a family consists of more than five members, such family may
hold two units per head not exceeding 20 units.

PART A
[See Section 2(A)(35-A)
Classification of Lands

A Class
Lands having facilities for assured irrigation from such Government Canals and
Government Tanks as are capable of supplying water for growing two crops of
paddy or one crop of sugarcane in a year.

B Class
(i) Lands having facilities for assured irrigation from such Government Canals and
Government Tanks as are capable of supplying water for growing only one crop of
paddy in a year.

(ii) Lands irrigated by such lift irrigation projects constructed and maintained by
the State Government as are capable of supplying water for growing two crops of
paddy or one crop of sugarcane in a year.

C Class
(i) Lands irrigated from any Government sources of irrigation, including lift
irrigation projects constructed and maintained by Government other than those
coming under A Class and B Class.

(ii) Lands on which paddy crop can be raised or areca crop is grown with the help
of rain water.

(iii) Lands irrigated by lifting water from a river or Government Canal or

Government tank where the pumping installation or other device for lifting water
is provided and maintained by the land owner.

Notes

(1) Lands having facilities for irrigation from a Government Source where the
system of water supply is suitable for growing only light irrigated crop namely,
crops other than paddy and sugarcane shall come under this class.
(2) Lands growing irrigated garden crop will come under classes 'A', 'B' or 'C' as the
case may be depending upon the source of irrigation and the system of water
supply.

D Class
Lands classified as dry but not having any irrigation facilities from a Government
source.

Note.- Lands growing paddy or garden crops not coming under A Class, B Class or
C Class shall belong to this class.

PART B
 Formula of determining equivalent extent of different classes

One Acre of A Class land having soil classification value above 8 annas = 1.3 acres
of A Class land having soil classification value below 8 annas = 1.5 acres of B Class
land having soil classification value above 8 annas = 2.0 acres of B Class land
having soil classification value below 8 annas = 2.5 acres of C class land having soil
classification value above 8 annas = 3.0 acres of C class land having soil
classification value below 8 annas = 5.4 acres of D Class land.
Q 21 Is it necessary to obtain permission for transfer of agricultural land granted under
Land Grant Rules or granted occupancy right under Land Reforms Act even after
lapse of condition for transfer?
Ans Yes. Application should be submitted to Tahasildar and acknowledgement is
obtained. If permission is not granted within 15 days after getting
acknowledgement, document can be registered as if permission is granted.
Q 22 What are other restrictions to purchase agricultural land?
Ans Lands granted to persons belonging to scheduled caste or scheduled tribe cannot
be transferred or purchased without prior permission of the Government. This
restriction does not apply to mortgagee in favour of co-operative or scheduled
banks and partition among family members
2. Social or Industrial organizations can purchase with the permission of the
Government (Refer Sec.109 of Karnataka Land Revenue Act, 1964).
Q 23 How to get transfer of immovable property?
Ans a. As explained under Question 3, if value of property under sale, exchange, lease,
and mortgage is Rs.100 or more, deed relating to such transaction must be
compulsorily registered (Sec.17 of Registration Act 1908).

b. Gift deed, must be registered irrespective of the value of the property.

c. After the deed is registered `J' slip is sent to Tahasildar in case of agricultural
land and city survey office, in case of city non-agricultural property of properties
are under city survey. The purchaser should get confirmed whether khatha is
transferred through `J' slip.

In areas where there is not city survey is not in operation, one has to apply along
with copy of the deed to the concerned Corporation/ Municipal/panchyat office to
effect transfer of khatha.
Q 24 What is the purpose of Registration?
Ans (a) By Registration of transaction of immovable property will become permanent
public record. This is a notice to the general public. Those getting transfer of
property should verify whether such property has been previously encumbered.

(b) According to Transfer of Property Act right, title or interest can be acquired
only if the deed is registered.
Q 25 What are the effects of non-registration?
Ans If a deed of transfer, which is compulsorily registrable, is not registered it will not
be admissible in evidence (Sec.49 of Registration Act 1908)
Q 26 Is there time limit to present a document for registration after it is executed
(signed)?
Ans a. Document may be presented for registration within four months from the date of
execution (signature).

b. If a document is executed out of India, the period of four months will be counted
from the date of its receipt in India.
 c. After four months document may be presented within another four months with
penalty subject to maximum of ten times the registration fees if the District
Registrar grants permission. But document may be presented before Sub Registrar
within eight months. Thereafter it cannot be accepted for registration. (For details
please see Rule 52 of Karnataka Registration Rules, 1965).
Q 27 What is the day today timing for acceptance of deeds for registration in Sub
Registry offices?
Ans Generally deeds are accepted during working hours. Sub Registrar may stop
accepting two hours before closing time if he has sufficient work to attend in
respect of deeds already received for registration.
Provided deeds may be accepted in emergency cases on payment of extra fee of
Rs.200 one hour before sunrise and one hour after sunset and on holidays.
Q28 Can the document presented for registration be withdrawn?
Ans Registering officer may permit withdrawal of the document before completion of
registration on written request by the party who presented the document. Fifty
percent of the registration fee is refundable. Likewise Stamp duty is also
refundable subject to deductions. (Please see question No.19 on stamp duty F.A.Q.)
Q 29 Who should be present at the time of registration?
Ans A deed may be presented for registration either by claiming or executing party but
the executant / executants must be present to admit execution (signing) of the
deed (Please see Sec.32 of Registration Act 1908).
Q 30 What is the course, if executing party refuses to appear in Registry Office to admit
execution?
Ans a. In such circumstances, registering office will issue notice/ summons to the
Executant. If the party does not turn up registering officer will refuse registration.

b. Application may be made to the District Registrar on such refusal to the District
Registrar who will hold enquiry and decide the case. Rs.250 should be paid for
such application.

c. One may submit appeal to the Civil Court if District Registrar also refuses to
order for registration (For details please see Sec.73, 74, 75, 76 & 77 of Registration
Act 1908).
Q 31 Who can sign as witness to a document?
Ans Any person, above 18 years of age and not a party to the document may sign as
witness.
Q 32 What is meant by Identifying witness of person presenting/executing a document?
Ans In order to identify genuineness of the persons executing the document, signature
of identifying witness are obtained. Without such witness, registering officer may
refuse registration.
Q 33 Who is authorised to write a deed?
Ans Deed may be personally written by the executant or may be drafted by a licensed
deed writer or advocate.
Q 34 Is it necessary to register immovable property by Government as inam or granted
on darkhast?
Ans They are exempted from registration. Khatha is effected on the basis of orders of
Government (see Sec.90 of Registration Act 1908).
Q 35 Are there any kind of documents registered without personal appearances of the
parties for registration?
Ans 1. Mortgage deed executed under Improvement Loans etc.
2. Certificate of sale issued by revenue court.
3. Documents executed by farmers in favour of primary co-operative land
development bank to obtain loan and loan bonds executed by farmers in favour of
banks under Karnataka Agricultural Credit Co-operations and Miscellaneous
 Provisions Act 1975 are sent under Sec.89 of the Registration Act and they are filed.
Q 36 Is it necessary to register deed relating to transfer or assignment of decree relating
to immovable property?
Ans If value of the property involved in decree is Rs.100 or more and creates, declares,
transfer, limit or extinguish right it should be compulsorily registered (See Sec.17
(e) of Registration Act).
Q 37 Explain the registration of adoption deed?
Ans Adoption deed maybe executed and registered like any other deed. Stamp duty
Rs.45 and registration fee Rs.200 are leviable on it.
Q 38 Explain the Power of Attorney?
Ans There are two kinds of Power of Attorney.
1. General Power of Attorney (GPA)
2. Special Power of Attorney (SPA)
a) General Power of Attorney is executed by a person in favour of another to act on
behalf of him generally. It may include management of property, Court
matter/litigations, sale of mortgage of property or any other act.
b) Special Power of Attorney is executed to do a particular act. Power of Attorney
holder is answerable to the principal and liable to give accounts to him.
Q 39 Does property get transferred by getting a General Power of Attorney from the
person selling it? Can the agent become owner of property?
Ans No. It is wrong to say that ownership is transferred by getting General Power of
Attorney. Persons purchasing property must get the sale deed registered. This
principle applies to other kinds of transactions also.
Q 40 Who can execute Power of Attorney?
Ans A person who has attained majority may execute power of attorney in favour of
another person who has attained majority including family members like brother,
sister, father and mother to act on his behalf. If a power of attorney is executed to
sell property in favour of relatives other than those mentioned above, 2 percent
stamp duty shall be paid on market value of such property.

If a power of attorney is executed in favour of developers, Builders of apartment, 4

percent stamp duty shall be paid on market value of such property. (see article
5(f) & 41(a), 41(ea), Schedule to Karnataka Stamp Act 1957).
Q 41 When would a General Power of Attorney gets cancelled?
Ans a. GPA automatically gets cancelled on the death of Executant.
b. Principal (Executant) may cancel it any time.
Q 42 What does Irrevocable Power of Attorney mean?
Ans If the Power of attorney is executed for consideration in respect of property it
cannot be unilaterally revoked, prejudicial to the interest of the agent (See Sec.202
of Indian Contract Act, 1872).
Q 43 What is the meaning of a Special Power of Attorney?
Ans (a) Power of Attorney executed by a person in favour of another to act on his behalf
for specific purpose is called Special Power of Attorney.

(b) If a person is unable to go over to registry office to present a document

executed in his favour or to admit execution of document executed (signed) by him,
such power of attorney shall be authenticated or attested by a Sub Registrar.
Otherwise they are not acceptable for the purpose of registration.
Q 44 Is it compulsory to register power of attorney attested in India by Magistrate or
notary?
Ans They need not be registered. But General Power of Attorney containing authority to
present or admit execution of a document executed by the principle is not
acceptable for such presentation or admission of execution unless they are attested
or authenticated by a Sub Registrar.
Q 45 Is it compulsory to register General Power of Attorney executed by persons
residing out of India and attested by officers of Consulate office of India in that
country?
Ans It is not necessary to register. But Stamp duty as per Article 41 shall be paid within
3 months from the date of receipt of the power of attorney in India.
Q 46 Is it compulsory to get a Power of Attorney attested by a Sub Registrar if it has
already been attested by Magistrate or Notary, under which documents are signed
by the agent?
Ans Not necessary
Q 47 What is meant by Encumbrance Certificate?
Ans Encumbrance Certificate is a record showing registered transactions pertaining to
a property. If mortgage, sale or any other deeds in respect of a property are
registered, encumbrance certificate is issued Form No.15.
Click here to download Prescribed application form no.22 to obtain Encumbrance
Certificate.
Q 48 What is meant by a Nil Encumbrance Certificate?
Ans If no deeds of transactions are registered in respect of a property nil encumbrance
certificate is issued in Form No.16. If Certificate is issued in this form, it means
that there are no registered transactions / liabilities on the property for a given
period of time unregistered transactions are not included in this certificate.

Click here to download Prescribed application form no.22 to obtain Encumbrance

Certificate.
Q 49 What is the fee for Encumbrance Certificate?
Ans a. Application fee Rs.5
b. Rs.30 for search of first year and Rs.10 for every subsequent year. Example: To
obtain Encumbrance Certificate for 13 years. Application fee Rs.5-00 plus first year
Rs.30-00 plus 12 years Rs.120-00 and total Rs.155-00.
Q 50 How to obtain Certified Copy of registered document?
Ans 1. Any person may obtain certified copy of registered document relating to
immovable property.

2. Certified copy of registered will may be obtained only by the testator only during
his lifetime. Any person may get copy of a will after the death of the testator on
production of death certificate.

3. Copies of registered deed of GPA and other documents relating to movables may
be obtained by executant / claimant or agent, representative of such person only.

Stamp paper of Rs.10 is required to be produced along with the application and
copying fee of Rs.3 for every page of Xerox copy or Rs.5 for every 100 words or part
thereof is to be paid.

Points to be noted by registering public for registration of a document

No. Do's Don'ts

1 Meet registeringÒ officer directly Do not depend on middlemen for
for your work your work
2 Pay the fees required to be paid Do not pay money to the
directly to the registering officer middlemen.
and obtain receipts
3 Market value of each area is Purchase stamp papers from
published. Pay stamp duty as per licensed stamp vendors only.
 market value Beware of fake stamp papers
4 Verify whether date of delivery of Don't handover receipt to
the registered deed is written on the middlemen.
receipt. Keep the receipt securely
with you only
5 Get information records to be Don't go for registration without
produced for registration in the necessary records.
registry office
6 Fee for drafting/writing documents Don't pay without receipt. Do not
are prescribed. Pay accordingly and pay fee for drafting and registration
obtain receipts for it together if demanded. Pay
Registration fee directly in the
office.
7 Contact higher authorities for any Do not conceal your feelings about
doubts and complaints. the officer or staff. Inform the
higher authorities.
8 Obtain registered deeds personally Do not depend on middlemen for
or through registered post. return of document after
registration.
9 Note true market value of property Under valuation is an offence.
Q 51 Where can I register my immovable property ?
Ans Documents pertaining to immovable property shall be registered in the Sub-
Registrar office in whose jurisdiction the property is situated
Or
If you have any problem with the Sub-Registrar's office please approach the
District Registrar of your district.

In Bangalore Urban district still if you have problem in registration you can visit
the Office of the Inspector General of Registration where your registration work
pertaining to Bangalore Urban district will be attended.
Circular Notifications