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Report No. 31

6. Sections 64 to 67 considered.-

Under the provisions of section 67, on a document being registered under section 30(2), a copy of the document and of the endorsements and certificate thereon is to be forwarded to every Registrar within whose district any part of the property is situate. Further steps to be taken by the Registrar receiving the copy, etc., are to be found in section 66(1); briefly, he has to forward a Memorandum to each Sub-Registrar within whose sub­district any part of the property is situate. The Sub-Registrar, in his turn, has to file it in Book No. 1 under section 66(4).

The procedure is analogous to that provided by section 65 in relation to a document relating to immovable property situated in more district than one. Compare section 64 also.

7. As has been stated1, the effect of sections 64, 65 and 66 is that information is conveyed to the Registrars or Sub-Registrars of every place where the document ought to be registered, and thus all the information which it is the object of a register to afford is to be found in those different places.

1. See Hari Ram v. Sheo Dayal Mal, 1888 ILR 11 All 136 (141, 142) (PC) on appeal from ILR 7 All 590.

8. Compliance with section 67 should be full and prompt in order to attract the benefit of the provisions relating to "notice" in the Transfer of Property Act1,2 which are applicable3 only when the memorandum contemplated by section 67 read with sections 66(1) and 66(4) is transmitted by the receiving Registrar to each Sub-Registrar concerned and filed by the latter in Book No. 1 (Book No. 1 is "Register of non-testamentary documents relating to immovable property).4

1. See section 3. Definition of "notice" Explanation 1, latter half, Transfer of Property Act, 1882.

2. Cf. Banares Bank Ltd. v. Har Prasad, AIR 1936 Lah 482 (483) (DB).

3. See Mulla Transfer of property Act, (1966), p. 37

4. Section 51(1), Indian Registration Act, 08

9. If the formalities required by section 67 read with the preceding section1 are not fulfilled, then registration under section 30(2) would not operate as "notice" under the Transfer of Property Act. The whole purpose of the Registration Act is, as was observed by Lord Atkinson during the course of the arguments in a Privy Council case,2 to ensure that people may come to the Registering office and get information as to encumbrances of property.

1. Paras. 6 and 7, supra.

2. Checkalingam v. Chettiar, (1927) 47 Cal LJ 429 (430): ILR 6 Rang 113: AIR 1928 PC 44; (See Rustomji Registration Act, 1939, p. 173, where the arguments are referred to).



Section 30(2) of the Indian Registration Act, 1908 - Extension to Delhi Back




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