![]() Online edition of India's National Newspaper Wednesday, Jul 19, 2006 |
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Staff Reporter
Sangareddy: With the number of registrations in Medak district registering a sharp increase from 57,224 in 2004-2005 to 80,454 during 2005-2006 and another 23,000 during the first quarter this financial year, district Registrar D.K. Prasada Rao has a word of caution for buyers. The district Registrar told The Hindu that the Sub-Registrar, who registered a cancellation deed, could only intimate the buyer about the cancellation by the seller through post and advise him to seek redressal in a competent court of law if aggrieved by the cancellation deed.
No statutory powers
He pointed out that in earlier times, it was not mandatory to inform the buyer. It was only in December 2004 that the Commissioner and Inspector-General of Registration and Stamps had made it compulsory. However, the Sub-Registrar could refuse to cancel the sale deed under 16 specific conditions like insufficient documents, presentation of documents by a person who had no right to present them or if the registering authority was not satisfied with the identity of the person appearing before him. The Registrar said that the law clearly stated that it formed no part of the registration officers' duty to enquire into the validity of a document brought before him for registration. "Hence the onus of verifying the facts well ahead of registration lay entirely with the buyer," Mr. Prasada Rao said. He enlisted nine points to be remembered by every prospective buyer to avoid litigation at later stages.
Do's for buyers
One must check whether the vendor has the right to sell, look at the encumbrance certificate for the past transactions, publish one's intention to buy the property in newspapers, physical verification of the plot or house, antecedents of the seller, seek the list of assigned lands available at the Registrar's office and verify the survey number, pay for the exact market value and to always remember that registration is only "a recognition to a valid transaction."
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