CONTENTS OF THIS BLOG
- ▼ 2008 (17)
no title in the property. [Rentala vs. Chimmapudi, AIR 1967 SC1793]
• Details of the property to be demised
• Duration of the lease
• Price/premium, and/or lease rent/any other thing of value/share of crops etc.
• Periodicity/specific occasions when the payment would be made/services that
will be rendered.
• Date of commencement.
• Date of determination.
Every document that is to be registered shall be presented at the proper registration office by the appropriate person (the parties to the document), his representative or agent, duly authorized by a power of attorney, executed or authenticated, according to the procedure, laid down in the Act. Any person other than the parties also can present such document for registration provided the concerned party has executed proper power of attorney in favour of such person empowering such person to present the document for registration.
If a document is presented for registration by a person, who is not duly empowered to do so, the registration of the document becomes invalid. The Registration Act requires a power of attorney to be given to the agent by the principal, before it can be presented for registration. The absence of this renders the registration of the document invalid.
However, the Act itself provides for a remedy. When a person, who executes such a document, realizes that such registration is invalid, he can apply to the registrar or the sub-registrar within four months from the date that he is aware that the registration is invalid. Subsequently, he can apply for the re-registration of the document.
Registration acts as a proof that a transaction has taken place.
The registration of a document serves as a notice of the transaction, to the persons affected by the transaction. Registration also serves as an implied notice to any person subsequently acquiring interest in the property, covered by the registered document.
When a document, which is compulsorily to be registered, is not registered, it fails to confer any title given by the document.
The real purpose of registration is to ensure that every person dealing with property for which compulsory registration is required, can confidently rely on the statement contained in the register, as being a full and complete account of all transactions by which the title may be affected. [Lachman Das v. Ramlal AIR 1989 SC 1923]
Registration is not proof of execution.
When the execution of a document is directly in dispute between two parties, the fact that the document is registered is not sufficient to prove its genuineness. Registration does not automatically dispense with the necessity of independent proof that the document was executed.
A certificate of Registration is mere evidence that a document has been registered. It is not proof that it has been executed.
Stamp Duties are taxes payable on every conceivable documented transaction. It is a form of revenue for a state. The proceeds of the duty are assigned to the state in which they are levied. It is payable when any property or other contractual transaction is entered into in India or even abroad. However, the subject matter of the transaction must be situated in India.
Stamp Duty is not payable on the following:
• documents, executed on behalf of the Government;
• testamentary documents;
• documents, required to be made for judicial or non-judicial proceedings;
• documents, filed in judicial or non-judicial proceedings.
If the lease is created for a certain specific period, can it be terminated before the specified period?
Sec.111 of the Transfer of Property Act, supplies the circumstances in which a lease could be determined. These circumstances could be summarized as follows:
• On the expiry of the period of lease;
• On the happening of an event, which is a condition for expiry
• On the happening of such event when the lessor's interest in the property terminates;
• When the persons holding the ownership and the lease become one and the same person, at the same time, own the right; this state is also known as a 'merger';
• When the lessee, expressly, yields up its interest to the lessor;
• In the case of an 'implied surrender,' i.e. by the creation of a 'new relationship' e.g. where the lessee becomes the mortgagee, the rights of the former remain in abeyance because his larger rights, as the mortgagee, come into effect. His rights, as the lessee, are restored when the mortgage is redeemed;
• When the lessee breaks the express condition giving the lessor the right to re-enter the property: when the lessee sets up a title detrimental to the interests of the lessor: or, when the lease stipulates that the lessor may re-enter the property when the lessee is adjudged insolvent. In such cases, the lessor may give the lessee notice to terminate the lease. This is, technically, known as forfeiture;
• On the expiry of the notice to terminate the lease or, to quit or, of information to quit duly given by either party to the other.