Report No. 178
8. Amendment of Registration Act, 1908 (16 of 1908.-
In the Registration Act 1908,
(a) after section 84, the following section shall be inserted, namely :-
"84A. Punishment for failure to register notice under section 89.- Any person who fails to file a notice under section 89B before the registering officer within the period specified in that section shall be punished with imprisonment for a term which shall not be less than one year but which may extend up to three years and shall also liable to fine."
(b) after section 89,the following sections shall be inserted, namely:-
"89A Copies of Court decrees, attachment orders, written demands under Revenue Recovery Act to be sent to Registering Offices and filed in registers.- (1) Every Court passin.-
(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or
(b) an order for interim attachment or attachment of immovable property or for the release of any immovable property from such attachment, shall, in accordance with the rules made in this behalf, send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of the memorandum in his Book No. 1:
Provided that where the immovable property is situate within the local limits of the jurisdiction of more than one registering officer, the procedure indicated in this clause shall be followed in respect of the property within the jurisdiction of each of such officers .
(2) Every officer issuing a written demand before the attachment of the immovable of a defaulter under the provisions of any law relating to Revenue Recovery for the time being in force, including the Revenue Recovery Act, 1890, shal.-
(a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable, in accordance with the provisions of section 21;
(b) where such written demand is withdrawn or attachment of property is lifted or the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in accordance with the provisions of section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property which the written demand relates is situate and such registering officer shall file a copy of the written demand and the memorandum in his Book No.1:
Provided that where the immovable property is situate within the local limits of the jurisdiction of more than one registering officer, the procedure specified in clauses (a) and (b) shall be followed in respect of the property within the jurisdiction of each of such officers.
89B. Notice to be sent to registering officers by mortgagor after creation of mortgage by depositing title deeds and provision for compensation in favour of subsequent transferee(1) Every person who has mortgaged immovable property by way of a mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 shall within thirty days from the date of the mortgage, file in accordance with the rules made in this behalf, a notice of intimation of his having so mortgaged the property, giving details of his name and address, name and address of the mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property as detailed in section 21, before the registering officer within the limits of whose jurisdiction the whole or any part of the property is situated and the said officer shall file the same in his Book I:
Provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer, the procedure specified in this subsection shall be followed in respect of the property within the jurisdiction of each of such officers.
(2) If the person who has mortgaged the property as aforesaid fails to file a notice within thirty days as stated in sub-section (1) before the registering officer or officers, as the case may be, and enters into any transaction in relation to or affecting the immovable property which is the subject matter of the mortgage, with a third party; such a transaction shall be void and the third party shall be entitled to refund of any amount paid by him together with interest at twelve percent from the date of payment and also to compensation for any damages suffered by him , from his transferor.
(3) The amount recoverable by such transferee as specified in sub-section (3) shall be a charge on the interest of the mortgagor, in the mortgaged property.
89C. Power to make rules for filing of true copies of documents and notices referred to section 89A and 89.- (1) The State Government may by notification in the Official Gazette, make rules for all purposes connected with the filing copies of documents or notices referred to section 89A and 89B, in the appropriate book under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide fo.-
(a) the manner in which notices or true copies of documents shall be prepared; and
(b) the manner of filing the notices or true copies.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses or where such Legislature consists of one House, before that House."