IS
REGISTRATION OF A PROPERTY ESSENTIAL ?
If
you have to prevent fraud and give notoriety of deeds
then you have to registar your property.Now-a-days setting
up forged and fraudulent documents have become the order
of the day.To prevent and protect from subsequent purchasers
or person to whom subsequent conveyances of property
are made from being affected by previous conveyances.The
real purpose of registration is to protect against prior
transactions and to secure that every person dealing
with property may rely with faith upon the statements
in the register as a full and complete account of all
transactions by which his/her title may be affected.All
documents for registration has to be produced to the
office of the sub registrar in the prescribed limit
stations.
All
documents to be registered has to be presented for registration
by:
- The
person executing or claiming under the same.
- By
an agent authirised by a power of attorney properly
executed and authenticated .
The
Government of Karnataka framed "The Karnataka Stamp(Prevention
of Under Valuation of Instruments) Duty Rules 1977"
Whenever you present a document for registration, being
an
instrument of conveyance, exchange of gift you should
annex a statement of the market value of the same for
the purpose of determination of its Stamp duty.
The
Government of Karnataka has come out with values of
immovable properties in various areas.Any registration
below their figures would be considered as under valuation
of the said property be it residential or commercial
or industrial or land. Incidentally, there has been
no decision ruled out yet by the High Court on the validity
of these rules said by the Government.While you have
presented a document for registration and the sub registrar
feels that the property is under valued he shall make
a reference to the Deputy Commissioner in charge (DC)
who shall issue a notice on Form II to both the parties
making a document and the person in whose favour it
has been so made, asking for more evidence support to
show that the market value as shown has been truly set
forth.This notice shall give you 21 days to make your
hearing and the DC himself can also call for more information
from any public office, officer or authority under the
Government of any local authority, examine statements
from any member of the public or inspect the property
himself or by other sources.After an enquiry, the DC
will pass an order provisionally determining the market
value of the property.It is incumbent upon the DC to
clearly state the bases on which the provisional market
value of the property has been arrived at. |