Section 89: Copies of certain orders, certificates and instruments to be sent to registering officers and filed · Complied AI

Section 89Part 15

Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1)

Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

(2)

Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3)

Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4)

Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

State amendments (8 · Karnataka, Kerala, Orissa, Uttarakhand, Rajasthan, Gujarat)

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. 20]

Insertion of new section 89A.—After section 89 of the principal Act, the following section shall be inserted namely:- “89A. Power to make rules for filing of copies of documents.--(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

Kerala[Vide Kerala Act 7 of 1968, s. 17]

Amendment of section 89.-In section 89 of the principal Act, - (a) sub-section (1) and (3) shall be omitted.

(b)

after sub-section (4), the following sub-sections shall be inserted, namely:- “(5) Every court passing (a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, title or interest to or in immovable property in favour of or of any person, or (b) an order for the attachment of immovable property or of the release of any immovable property from attachment, Shall 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 and memorandum in his Book No. 1.

(6)

Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act of the time being in force shall- (a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable in the manner required by section 21; and (b) where such written demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and 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 party of the immovable property to which the written demand relates is situate and such registering officer shall fiel the copy of the written demand and the memoranda I his Book No. 1.” Insertion of new section 89A.-After section 89 of the principal Act, the following section shall be inserted, namely:- “89A. Power to make rules for filing of true copies of documents.--(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.

(2)

In particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (a) the manner in which true copies of documents shall be prepared; and (b) the manner of filing such copies.

(3)

All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.

(4)

Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule." [Vide kerala Act 7 of 1968, s. 18]

Uttarakhand[Vide Uttarakhand Act 24 of 2019, s. 24]

Amendment of section 89.—Sub-section (1), (2), (3) and (4) of section 89 of the Principal Act shall be substituted as follows; namely:- “(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (XIX of 1883) shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole, or any part of the land to be improved, or the land to be granted as collated security, is situate, and such registering officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.

(2)

Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (V of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immoveable property, comprised in such certificate, is situate and such officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.

(3)

Every officer granting a loan under the Agriculturists Loans Act, 1884 (XII of 1884) shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan and if any such property is mortgaged for the same purpose, in the order granting the loan, a copy, also the order, to the registering officer within the local limits of whose jurisdiction, the whole or any part of the property mortgaged is situate and such registering officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.

(4)

Every Revenue Officer granting a certificate of sale to the purchase of immovable property, sold by public auction, shall send a copy of the certificate to the registering officer, within the local limits of whose jurisdiction, the whole or any part of the property comprised in the certificate is situate and such officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.”

Gujarat[Vide Gujarat Act 4 of 2020, s. 7]

Insertion of new sections 89A, 89B, 89C and 89D in XVI of 1908.— In the principal Act, after section 89, the following sections shall be inserted, namely:- “89A. Copies of court decrees, attachment orders, etc., to be sent to Registering Officers and filed in registers.—Every court passing,-- (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 to 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, shall 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 situated, and such officer shall file the copy of the memorandum in his Book No 1:

Proviso

Provided that, where the immovable property is situated within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be followed in respect of the property within the jurisdiction of each of such officer.

(2)

Every officer issuing a certificate of sale or a written demand before the attachment of the immovable property 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, shall,- (a) send a copy of such certificate of sale or written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by 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 the manner required section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his Book No 1:

Proviso

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 this sub-section 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 mortgag or in case of mortgage by depositing title deeds and provisions for compensation in favour of subsequent transferee.—(l) Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 (4 of 1882) shall, within 30 days from the date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property 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 property is situated, and the said officer shall file the same in his cook No 1:

Proviso

Provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer, the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of sum officers.

(2)

If, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred to in sub-section (1) before the registering officer or officers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid by him together with interest at twelve per cent. from the date of payment and also to compensation for any damages suffered by him, from the transferor.

(3)

The amount recoverable by such transferee as specified in sub-section (2) shall be a charge on the interest of the mortgagor, in the mortgaged property:

Proviso

Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of title deeds which are duly registered under the provisions of this Act. 89C. Punishment for failure to file notice under section 89B.—Any person who fails to file a notice under section 89B to the registering officer along with fees, within the period specified in that section, shall be punished with imprisonment for a term which shall not be less than one years but which may be for a term which may be extend up to three years and shall also be liable to fine. 89D. Power to make rules for filing of true copies of documents notices referred in sections 89A and 89B.-—(1) The State Government in any, by notification in the Official Gazette, make rules for carrying out the purposes of section 89A and section 89B.

(2)

In particular and without prejudice to the generality of the foregoing powers, such rules may provide for,- (a) the manner in which notices or the copies of documents shall be prepared, and (b) the manner of filing of the notices or true copies.

(3)

All rules made under this section shall, be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modifications as the Strife Legislature may make, during the session in which they are so laid or the session immediately following.

(4)

Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect. Exemption from Act