Precondition of registration

[Noor E Alam]

There are some preconditions for registration of document. Before registering any documents, the Sub Registrar will make sure that the document fulfill those precondition.

These Preconditions are mentioned in Rule 20 and 21 of the Rules.

20. On the presentation of a document for registration the registering officer shall satisfy himself –

(a) that it has been presented at the proper office (sections 28 and 29);

(b) that it is duly stamped or is exempt from, or does not require stamp duty;

(c) that if it is written in a language which he does not understand and which in not commonly used in the district as prescribed in rule18, it is accompanied by a translation into a language commonly used in the district and also by a true copy (section 19);

(d) that it contains no unattested interlineation, blank, erasure or alteration which in his opinion requires to be attested or to be entered in a duly attested note or "Kaifiyat" at the end of the document (section 20);

(e) that if the document is non-testamentary and relates to immovable property it contains a description of such property sufficient to identify the same as laid down in section 21 or in the rule made under section 22;

(f) that if the document is non-testamentary and contains a map or plan, it is accompanied by as many true copies of the map or plan as are equal to the number of copies of the document required to be forwarded under sections 65 [section 21(4)];

(g) that if the document is one other than a will it has been presented within the time prescribed by sections 17A and section 23 to 26;

(h) that the document has been presented by some person entitled to present it (section 32 or section 40);

(i) that the instrument of any transfer contains the particulars necessary to convey the intention of the parties, complete description of the properties to be transferred and nature of transaction [section 22A(1)];

(j) that the recent passport size photographs of both the parties have been pasted on the instrument and the parties have put their signatures and left thumb impressions across their photographs in the instruments. [section 52A (2)];

(k) that in the case where the instrument is executed by the constituent attorney on behalf of the parties, the attorney has put his signature and left thumb impression across his photograph in the instrument;

(l) that the instrument has been presented in the format prescribed by under sub-section (3) of section 22A (Form No. 40 in Appendix I);

(m) that the seller has submitted the latest khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller, if he is owner of the property otherwise than by inheritance [section 52A(a)];

(n) that the seller has submitted the latest khatian of the property prepared under the State Acquisition and Tenancy Act, 1950, in the name of the seller or his predecessor, if he is owner of the property by inheritance [section 52A(b)];

(o) that the seller has submitted an affidavit affirming that he has lawful title to and possession in the property and the property has not been transferred earlier in any manner and not vested to the Government [section 52A(g)]; and

(p) that in the case of a sale deed the following particulars have been included in and attached with, as the case may be –

(i) nature of the property,

(ii) price of the property,

(iii) map of the property together with the axes and boundaries, and

(iv) description of the ownership of the property for last 25(twenty five) years. [section 52A(c), section 52A(d), section 52A(e) and section 52A(f)].

The Registrar may also refuse to register a document, if proper registration fee, duty and tax is not paid. (Rule 21).

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