Section 22: Description of houses and land by reference to Government maps or surveys · Complied AI

Section 22Part 3

Description of houses and land by reference to Government maps or surveys

(1)

Where it is, in the opinion of the 1[State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the1[State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2)

Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

State amendments (4 · Karnataka, Orissa, Rajasthan)

These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.

Karnataka[Vide Karnataka Act 55 of 1976, s. 5]

Insertion of new section 22A.—After section 22 of the principal Act, the following section shall be inserted namely:-- "22A. Documents registration of which is opposed to public policy.—(1) The State Government may, by notification, in the official Gazette, declare that the registration of any document or class of documents is opposed to public policy. (2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."

Orissa[Vide Orissa Act 8 of 2002, s. 5]

Insertion of new section 22-A. –After section 22 of the principal Act, the following section shall be inserted, namely:— “22-A. Document of section 17.--(1) The State Government may, by notification, declare that the registration of any document or class of documents is opposed to public policy. (2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register a document to which a notification issued under sub-section (1) is applicable.”

Orissa

Amendment of section 22-A.-- In the Registration Act, 1908 (16 of 1908), for section 22-A, the following section shall be substituted, namely:— “22-A. Refusal to register certain documents.--(1) The registering officer shall refuse to register,— (a) any instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,— (i) belonging to the State Government , or the Local Authority;

(ii)

belonging to any religious institution to which the Odisha Hindu Religious Endowment Act, 1951 (Odisha Act 2 of 1952) is applicable.

(iii)

belonging to or recorded in the name of Lord Jagannath, Puri;

(iv)

donated for Bhoodan Yagna and vested in the Odisha Bhoodan Yagna Samiti established under section 3 of the Odisha Bhoodan and Gramdan Act, 1970 (Odisha Act 2 of 1971);

(v)

belonging to Wakfs which are under the supervision of Odisha Wakf Board established under the Wakf Act, 1995 (43 of 1995); unless a sanction in this regard, issued by the competent authority as provided under the relevant Act or in absence of any such authority, and authority so authorized by the State Government for this purpose, is produced before the registering officer;

Explanation

For the purpose of this section Local Authority means any Municipal Corporation, Municipality, Notified Area Council, Zilla Parisad, Grama Panchayat, Urban Development Authority and Planning Authority or any Local Self Government constituted under any law for the time being in force.

(b)

The instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed; and

(c)

Any instrument relating to transfer of immovable property, the alienation or transfer of which is prohibited under any State or the Central Act.

(2)

Notwithstanding anything contained in this Act, the registering officer shall not register any document presented to him for registration unless the transferor produce the record of rights for the satisfaction of the registering officer that such transferor has right, title and interest over the property so transferred.

Explanation

For the purpose of this sub-section ‘record-of-rights’ means the record of rights as defined under the Odisha Survey and Settlement Act, 1958 (Odisha Act 3 of 1959).”