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Report No. 157

3.21. Amendment in the Registration Act, 1908 (insertion of a proviso to section 78).-

We are further of the view that in order that the parties, to a suit may be encouraged to get notices of lis pendens (as envisaged above) registered, the registration fee should be kept at a low level. Our recommendation therefore is, that in the Indian Registration Act, 1908, the following proviso should be inserted in section 78:-

"Provided that the fee for the registration of notice of the pendency of a suit or proceeding, whether given by referring to section 52 of the Transfer of Property Act, 1882 or otherwise, shall not exceed rupees one hundred, irrespective of the value of the property to which the notice relates but in the case of any suit or proceeding instituted in forma pauperis, no fee for the registration of notice of the pendency of a suit or proceeding shall be payable."



Section 52 of the Transfer of Property Act, 1882 and its Amendment Back




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