Report No. 178
11. Copies of decrees or orders of Courts affecting immovable property and attachments of immovable property by Courts under Revenue Recovery Act to be notified to Registration Officers under the Registration Act, 1908 to be entered in Book 1.
Section 89 of Registration Act, 1908 deals with "Copies of certain orders, certificates and instruments to be sent to registering officers and filed." Sub section (1) of Section 89 refers to loans granted under the Land Improvement Loans Act, 1883 sub section (2) deals with Sale Certificates issued under CPC, sub section (3) deals with loans granted under the Agriculturists Loan Act, 1884. Sub section (4) deals with sale certificates issued by Revenue Officers. These will be entered in Book I which can be inspected under Section 57 or copies of register obtained, in so far as they relate to any particular property.
The State of Kerala has, by Kerala Act 7/1968 deleted sub section (1) and sub section (3) and added sub section (5) prescribing that copies of decrees of court affecting immovable property and of attachments made by courts under the Code of Civil Procedure, 1908 or under the Revenue Recovery Acts in force, be communicated to registering officers for purpose of being filed in Book No.1.
Other States have made other amendments to Section 89 to cover communication of information relating to loans by co-operative banks or 81 other banks etc. Several States have also enacted Section 89A to enable rules to be made for purposes of obtaining copies from the Book I.
The Commission is of the view that provisions as introduced in the State of Kerala by Kerala Act 7/68 should be introduced in the Indian Registration Act, 1908. Once the above type of documents are dealt with as above, copies can be obtained under Section 57 of the Act.
The proposed section 89A and 89B are as follows:
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: 82
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 clause (b) 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) of sub-section (2) shall be followed in respect of the property within the jurisdiction of each of such officers.
Proposed Section 89D: Power to make rules for filing copies of documents referred to in section 89A and 89B.- It is also proposed to introduce Section 89B for registration of notices in respect of mortgage by deposit of title deeds under Section 58(f) of the Transfer of Property Act and also to make any omission in that behalf punishable under the proposed Section 89(c).
For the purpose of making rules to cover filing of documents referred to section 89A above and for the purpose of filing of documents which shall be referred in proposed Section 89B, we propose to introduce a comprehensive section 89D. We shall extract the proposed Section 89D immediately after the proposed sections 89B and 89C.