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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.