Book-2 Documents

Whether it is a property document or a non-property document, all documents can be registered.

Generally, documents are classified into three types:

Book-2 is not a book for registering documents. This book is generally kept empty without any registrations.

When a document is submitted for registration, it must be correct for the registrar to accept it. If the document is not correct, the registrar will not register it. The reasons for which a registrar can refuse to register a document are mentioned in Section 71 of the Registration Act. If the registrar refuses registration, the reason must be written on the back of the document and signed by the registrar. The same reason must also be written in Book-2. Only these details are recorded in Book-2.

Reasons for Refusing Registration:

1.Outside Jurisdiction: 

If the property mentioned in the document is outside the jurisdiction of the registration office, registration can be refused.

2.Invalid Signatures:

If the person executing the document (e.g., the seller) has not signed it or claims that the signature is not theirs, the registrar can refuse to register the document.

3.Unknown Language: 

If the document is written in a language unknown to the registrar and no translation is provided in a known language or English, the document can be refused registration.

4.Illegible Document: 

If the document has numerous corrections, deletions, or additions, making it illegible, registration can be refused.

5.Unsigned Corrections: 

If there are corrections or additions in the document that are not signed by the involved parties, the registrar can refuse registration.

6.Incomplete Property Details: 

If the document lacks clear property details, such as survey numbers or clear maps for identification, registration can be refused.

7.Delayed Registration: 

If the document is submitted for registration more than four months after its execution, the registrar can refuse registration. Any document must be registered within four months of its execution; otherwise, an appeal must be made to the district registrar for an additional month.

8.Absence of Executants:

If the person executing the document or their agent does not appear in person to acknowledge it during registration, it can be refused.

9.Doubt on Identity: 

If the registrar doubts the identity of the executant or their agent, registration can be refused.

10.Minor or Incapacitated Executant: 

If the executant is a minor or mentally incapacitated, the document can be refused registration.

11.Death of Executant:

If the executant dies before the registration, the document can be registered if their heirs confirm its authenticity. If the heirs dispute it, registration can be refused.

12.Partial Execution:

If multiple people are supposed to execute the document but some refuse at the time of registration, the document can be refused.

13.Inability to Verify Death:

If the executant is reported dead and their heirs come for registration, but the death cannot be verified, registration can be refused.

14.Non-payment of Fees: 

If the appropriate registration fee is not paid, registration can be refused.

The reasons for refusal are written in Book-2, and the document is returned to the party that submitted it. If the party believes the reason is incorrect, they can appeal to the district registrar. If the refusal is found to be unjustified, the document can be resubmitted for registration.

Additional Key Points:

Appeal Process:

If a document is refused registration, the party can appeal to the district registrar. If the district registrar finds the refusal unjustified, the document can be registered.

Transparency: 

Book-2 provides transparency by recording the reasons for refusal of registration. This ensures that the process is documented and accountable.

Legal Framework: 

The legal framework for registration and refusal helps prevent fraudulent registrations and ensures that only legitimate documents are registered.

Public Record: 

Book-2 serves as a public record of all documents that have been refused registration, ensuring that there is a traceable record of all attempted registrations.

Protecting Rights: 

The registration process, including the refusal and appeal mechanisms, helps protect the rights of property owners and prevents misuse of the registration system.

In summary, Book-2 documents serve as a record for refused registrations, ensuring transparency and accountability in the registration process. The reasons for refusal and the appeal process help maintain the integrity of property transactions and protect the rights of individuals involved.