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Place of registration

Started by Noor E Alam, May 19, 2018, 01:14:10 PM

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Noor E Alam

Government has established Sub Registry Office in various parts of the country. These Sub Registry Office have specific local jurisdiction set by the government. A document should be presented for registration in the Sub Registry Office within which jurisdiction the whole or major portion of the property to which such document relates is situated. Document void when no portion of property transferred situates within jurisdiction of Sub Registrar. [Shefali Rani and others vs Makhan Chandra Das and others, 50 DLR (1998) 349].

If the major portion of such property is not situated within the jurisdiction of one Sub Registry Office, the document maybe presented for registration in any Sub Registry Office within which jurisdiction part of the property is situated.

Section 28:

28. (1) Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clause (a), (b), (c), (d) and (e), section 17, sub-section (2), and section 18, in so far as such documents affects immoveable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion of the property to which such document relates is situate.

Provided that where the major portion of such property is not situate within one sub-district the document shall be presented for registration in the office of the Sub-Registrar within whose sub-district any portion of such property is situate.

(2) Notwithstanding anything contained in sub-section (1),-

(a) after a document is registered, no party thereto shall be entitled to question the validity of its registration on the ground that the property which purported to give jurisdiction to the Sub-Registrar to register it either did not exist or was fictitious or insignificant or was not intended to be conveyed; and

(b) a document the registration of which is secured by the inclusion of a non-existent, fictitious or insignificant portion or item shall not in any manner affect the rights of a person who was not a party thereto and acquired rights in the property without notice of the transaction to which such document relates.

Source:- https://osmangoni.com/registration-law-bangladesh/