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Non-registration angle

The legal effects and consequences of non-registration of a compulsorily registrable non-testamentary instrument (document) are examined below:

A transaction dealing with rights and interests in immovable properties of a value of Rs.100 and more is carried out through following legal processes and documentation.

First, there is an agreement to transfer such rights and interests duly executed by the transferor and the transferee.

The second stage is that the agreement is acted upon and the actual deed of transfer duly stamped is executed by the parties and duly attested by witnesses.

The next step is that the deed so executed is presented for registration before the appropriate registration authorities within the prescribed period ie., four months from the date of execution of the deed.

The final step to be carried out by the parties is to appear before the registration authorities personally or through their authorised representatives and formally admit execution of the document by each one of them.

The registration authority then accepts the document, makes a verification as to whether the statutory compliances have been made and then formally register the document through due attestation and endorsement and through entries being made about them in the appropriate statutory registers and books maintained for the purpose under the law.

However, there can be defaults, delays and violations made by parties at each one of the aforesaid stages, due to which the registration of the document does not take place at all.

The legal effects of violations at each one of the aforesaid stages resulting in non-registration and the legal reliefs and remedies available to the aggrieved parties against the offending parties in respect of such violations and defaults will be discussed in the subsequent issues.

N.C.S. RAGHAVAN
ARVIND RAGHAVAN

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