क्या करें जब कागजात खो जाएं

कई बार जरूरी कागजात खो जाते हैं जिनमें सम्पत्ति से संबंधित कागजात भी शामिल हो सकते हैं। इसका कारण लापरवाही भी हो सकती है या वे नष्ट हो सकते हैं या चोरी भी हो सकते हैं। कई बार तो बैंक में लोन के एवज में रखे कागजात भी गायब हो जाते हैं। कागजात खो जाना एक गम्भीर मसला है इसलिए इसे हल्के में नहीं लेना चाहिए। तुरंत जरूरी कदम उठाने चाहिएं। पेश हैं इसी संबंध में जरूरी जानकारी-

कागजात खो जाने पर डुप्लीकेट कागजात प्राप्त करने की प्रक्रिया
कागजात खो जाने पर डुप्लीकेट कागजात हासिल करना बेहद महत्वपूर्ण एवं जरूरी है। कागजात के बिना सम्पत्ति का सौदा कर पाना बेहद कठिन होता है इसलिए  आपको पता होना चाहिए कि कागजात खो जाने पर आपके पास कौन-से विकल्प मौजूद हैं। 

1. तुरंत पुलिस में शिकायत दर्ज करवाएं 
जैसे ही सम्पत्ति के कागजात खो जाने का पता चले, इस बारे में पुलिस में शिकायत दर्ज करवा दें। एफ.आई.आर. केवल सम्पत्ति के मालिक की ओर से ही दर्ज करवाई जानी चाहिए तथा इसमें कागजात खोने का कारण स्पष्ट रूप से लिखा होना चाहिए। एफ.आई.आर. की कॉपी लें। कॉपी को अपने पास सम्भाल कर रखें। सम्पत्ति बेचने के समय खरीदार इसकी मांग कर सकते हैं।
 
2. इश्तिहार छपवाएं
एफ.आई.आर. दर्ज करवाने के बाद  आपको एक अंग्रेजी अखबार तथा किसी एक स्थानीय भाषा के अखबार  में सम्पत्ति के कागजात गुम होने संबंधी इश्तिहार छपवाना होगा। इसके बाद 15 दिन तक इंतजार करना होगा क्योंकि हो सकता है कि किसी को वे मिलें और वह उसे इस समय दौरान वापस कर सकता है। 

3. शेयर सर्टीफिकेट के लिए आवेदन करें
यदि किसी बहुमंजिला इमारत में आपके फ्लैट के कागजात गुम हुए हैं तो आप इस एफ.आई.आर. के आधार पर सोसायटी से शेयर सर्टीफिकेट जारी करने को कह सकते हैं। सोसायटी एक बैठक बुलाती है और एफ.आई.आर. को कागजात गुम होने का सबूत मानते हुए आपके आवेदन को स्वीकार कर लेती है। शेयर सर्टीफिकेट जारी करने के लिए सोसायटी आपसे शुल्क भी लेती है।  साथ ही आप एन.ओ.सी. की मांग भी करें जिसकी जरूरत सम्पत्ति के लेन-देन में पड़ सकती है। 

4. नोटरी के पास पंजीकरण करवाएं
अगला कदम स्टैम्प पेपर पर संबंधित कागजात के खो जाने के हलफनामे का पंजीकरण करवाना होगा। इसके लिए इश्तिहार में छपवाई बातें तथा एफ.आई.आर. नम्बर भी देना होगा।  अब इन दस्तावेजों को सत्यापित करके नोटरी के पास पंजीकृत कर दिया जाएगा ताकि आपके द्वारा दिया गया कागजात गुम होने का हलफनामा कानूनी रूप से वैध हो जाए। 

5. डुप्लीकेट सेल डीड प्राप्त करें

अंतिम कदम के रूप में आपको सम्पत्ति की सेल डीड की डुप्लीकेट कॉपी हासिल करनी होगी। इसके लिए  आपको एफ.आई.आर., इश्तिहार, शेयर सर्टीफिकेट तथा नोटरी द्वारा पंजीकृत हलफनामे की कॉपियों को रजिस्ट्रार के दफ्तर में जमा करवाना होगा। इसके बाद तय शुल्क अदा करने पर आपको डुप्लीकेट सेल डीड जारी की जाएगी। 

ध्यान में रखने वाली बातें : इस प्रक्रिया से गुजर कर आपको अपनी सम्पत्ति के वैध दस्तावेज एक बार फिर मिल जाएंगे परंतु याद रखें कि इसके लिए शुल्क के रूप में अच्छी रकम चुकानी पड़ सकती है। यह बात भी ध्यान में रखें कि यदि बैंक में रखे दस्तावेज बैंक वालों की लापरवाही से गुम हुए हों तो आप बैंक से हर्जाने की मांग कर सकते हैं।

Source: punjabkesari

The New Companies Bill - Indeed Revolutionary & Landmark Legislation

With passage by the upper House of the Parliament on 8 August, the new Companies Bill will replace the nearly six-decade-old Companies Act of 1956. The bill will now go to President for his consent. The new legislation will come into effect with notification by the corporate affairs ministry after the presidential assent.

This legislation is indeed a milestone in the history of company law and will revolutionize the administration and management of businesses in the times to come. The provisions of the bill are meant to prevent a Satyam Computer Services Limited-like fraud, the biggest in India's corporate history running into $1.5 billion detected in 2009. Working Rules which are expected to be put out in the public domain before notification would provide greater clarity on the operative provisions in the Bill while taking into account legitimate concerns of business community.

The new Companies Bill, which seeks to enhance compliance and transparency, makes corporate social responsibility mandatory and protects the interest of employees and small investors. The new law provides for improved corporate governance, enhanced transparency besides increased accountability of company managements and auditors. In fact, it is designed to balance the stakeholders' interests, viz promoters, shareholders and public at large.

The new Bill had introduced several changes and concepts which would simplify regulations and bring greater clarity and transparency in managing businesses. The global environment calls for economic laws and regulations that are effective and efficient, have a reasonable compliance cost and keep Indian businesses competitive.

Now that the law is ready, it is time to focus and work on the practical aspects of complying with its provisions. The new Companies Bill is commensurate with "global standards vis-à-vis disclosure requirements, increased democratic rights for shareholders, self-regulation and accountability.

The key highlights of the new Companies Bill are:

Introduction of concept of ‘Corporate Social Responsibility’ (CSR):

With the introduction of CSR regime, India would possibly become the first country to have Corporate Social Responsibility (CSR) spending through a statutory provision. The new law would require companies that meet certain set of criteria, to spend at least two percent of their average profits in the last three years towards Corporate Social Responsibility (CSR) activities. This is applicable to companies with a net worth of Rs 500 crore or more, or Rs 1,000 crore turnover or Rs 5 crore net profits, who have to set up a corporate social responsibility committee.  The Bill allows companies the freedom to choose areas of work for CSR; however the companies will also have to give preference to the local areas of their operation for such spending. If they are unable to meet CSR norms, they will have to give explanations and may even face penalty.

Class Action Suit

The bill provides for class action suit, which is key weapon for individual shareholders to take collective action against errant companies. The move is being seen as a positive as it empowers small shareholders to seek answers in case they feel that a company’s management or its conduct of affairs is prejudicial to its interests or its members or depositors.

Regulations for appointment and engagement of Auditors

The new legislation limits the number of companies an auditor can serve to 20 besides bringing more clarity on criminal liability of auditors. The rotation of auditors will take place every five years, while an audit firm cannot have more than two terms of five consecutive years. It also makes auditors subject to criminal liability if they knowingly or recklessly omit certain information from their reports.

Setting up of Courts for Speedy Trial of Company cases.

The proposed legislation would ensure setting up of special courts for speedy trial and stronger steps for transparent corporate governance practices and curb corporate misdoings.

Check and Balance for Directors

The term for independent directors have been fixed for five years too. The maximum number of directors in a private company has been increased from 12 to 15, which can be increased further by special resolution. It will be mandatory for companies that one-third of their board comprises independent directors to ensure transparency. Also, at least one of the board members should be a woman. The concept of ‘One Person Company’ has been introduced in the new company law.

Acceleration in Mergers and Amalgamations

The new bill will speed and accelerate amalgamations and mergers. While the old bill only permitted merger of a foreign company with an Indian company, the new bill allows merger of Indian companies into foreign companies which would aid in consolidation of cross-border businesses/assets. The new bill permits merger of a listed company with an unlisted one, subject to exit opportunity being offered to shareholders of the listed company. While the old bill depended on precedents for merger of a subsidiary with a parent (or between two small companies), the new bill provides a separate and simplified regime for this without any approval from High Court.

Miscellaneous

· To help in curbing a major source of corporate delinquency, the Bill introduces punishment for  falsely inducing a person to enter into any agreement with bank or financial institution, with a view to obtaining credit facilities.

· Increased the number of members of private companies from 50 to 200. This allows companies access to large pool of capital without going public.

· Gives rights for objections to schemes to only creditors who owed over 5 per cent and minority shareholders with over 10 per cent stake against no thresholds earlier.

· Gives recognition to transfer restrictions on inter-se shareholders – ‘Right of First Refusal’ will be enforceable. This would clear existing ambiguity on legal enforceability on transfer restrictions under JV/shareholder agreements.

· Contains a detailed mechanism for acquisition of shares by majority shareholder from minority shareholders.

· Restricts creation of multi-layered holding structures, prohibiting making investments through more than two layers of investment companies.

· Bans holding ‘Treasury Stock’, which is often used by companies to increase shareholding or future monetization after consolidation.

· Corporate must disclose the difference in salaries of the directors and that of the average employee. This will protect the interest of shareholders as well as employees.

· Mandates payment of two years’ salary to employees in companies which wind up operations.

· Gives more statutory powers to the government’s investigative arm Serious Fraud Investigation Office (SFIO) to tackle corporate fraud.

· Financial Year of any company can end only on March 31 and only exception is for companies, which are holding / subsidiary of a foreign entity requiring consolidation outside India, can have a different financial year with the approval of Tribunal.

Source: lawyersclubindia

Criminal Trial, Proceedings & Pre-Trial Stages in India.

Many a times we come across the term called criminal trial. In general parlance, we understand trial means that a person is facing a case in court of law. But generally people are not aware of the process of criminal trial in India. So here is the procedure for criminal trial that generally takes place in India.

Types of Criminal Trials

Before we proceed further, we must note that according to Criminal Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summary Trial.

Trial in Warrant Cases

Warrant cases are those cases in which an offence attracts a penalty of imprisonment for more than seven years and it includes offences punishable with death and life imprisonment. In such cases, the trial starts either by filing of FIR or by filing a complaint before a magistrate. And if the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.

Section 193 of the Criminal Procedure Code clearly states that the session court cannot take cognizance of any offence unless the case has been sent to it by a magistrate. The process of sending it to session’s court is generally called committing it to session’s court.

Trial in Summon Cases

A summon case is a case which is not a warrant case. So in simple words, those cases in which an offence is punishable with an imprisonment of less than two years is a summon case. In this case, one must understand that if a magistrate, after looking into the case, thinks that a case is not a summon case; he may convert it into a warrant case. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.

Summary Trial

Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way. It is also to be noted that if the case has been tried in a summary way, a person cannot be awarded a punishment of imprisonment for more than three months.

Pre-trial stages

Registration of FIR

FIR stands for first information report which is lodged under section 154 of the Criminal Procedure Code. The FIR is only the basis information which is made available to the police when a cognizable offence takes place. FIR is the first stage from which a criminal case takes the birth.

                                                                    Investigation

FIR in a criminal case leads to investigation in the case. Investigation leads an investigating officer to reach to a conclusion whether a charge sheet has to be filed or a closure report has to be filed in the case. If the investigation result in discovery of an offence, a charge sheet is filed, otherwise a closure report is filed before the concerned court.

Trial

If the investigating officer finds out that a case is fit for trial then he files a charge sheet in the case.

Filing of the charge sheet

The charge sheet is the brief summary of how an offence had been committed? What was the role of each person who was involved in the crime and the sections under which the investigating officer had charged all the accused. The charge sheet also contains the names of the person who were investigated but could not be charged due to lack of evidence in the eyes of the investigating agency. Filing of the charge sheet generally means that the investigation in the case is over and now the court has to consider the evidence collected by the investigating agency. It is to be noted, that if during the course of trial, some new facts come to the light, the agency may file additional charge sheets.

Framing of charges/Serving the Notice

If it’s a summon case, a simple notice is given and a response is sought from the accused. But in warrant cases, the court frames the charges.

Framing of charges mean that the court looks into the evidence collected by the investigating agency and applies its mind so as to what are the charges under which an accused has to be booked. For example, the police have filed a charge sheet accusing a person of murder under section 302, but the court deems it proper to charge the person for culpable homicide not amounting to murder under section 304. At this stage, if an accused pleads guilty then the court will apply its judicial mind and decide the punishment accordingly. And if the accused pleads not guilty, he is informed the charges under which he would be required to face the trial.

On the other hand, if the judge finds that no offence against an accused is made out; the accused is discharged from the case. The court has to apply its mind and record the reasons for discharging an accused.

Recording of the Prosecution Evidence

After the charges have been framed against an accused, the prosecution is required to produce before the court, all the evidence collected by the investigating agency. It is to be noted that when the investigating agency produces the evidence before the court, the evidence has to be supplemented with the statement of the prosecution witnesses (PWs). The process of recording the statement of PWs is called Examination-in-Chief. The evidence which is brought before the court and which the court considers is called “Exhibit”.  The witnesses brought by the prosecution are expected to support the case presented by the prosecution and if they fail to do so, they are declared hostile and the prosecution may request the court not to rely on the statement of such a witness.

In case the witness supports the case of the prosecution, the defence is entitled to cross examine the witness so that they could find out the discrepancies in the statement of the witness concerned. If the defence succeeds in finding the discrepancies in the statement of the witnesses, they may ask the court not to rely on the statement of the said witness.

Statement of the accused

Section 313 of the Criminal Procedure code empowers the court to ask for an explanation from the accused if any. The basic idea is to give an opportunity of being heard to an accused and explain the facts and circumstances appearing in the evidence against him. Under this section, an accused shall not be administered an oath and the accused may refuse to answer the questions so asked. The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him.

Evidence of Defence

After the statement of the accused is over, the court applies its mind and tries to find out if the accused has committed any offence or not. If the court reaches the conclusion that no offence has been committed by the accused, he is acquitted. It must be noted that while acquitting an accused, the judge is expected to give reasons for acquitting the accused.

In cases of accused not being acquitted by the court, the defence is given an opportunity to present any defence evidence in support of the accused. The defence can also produce its witnesses and the said witnesses are cross examined by the prosecution. In India, generally the defence does not provide defence evidence as the criminal justice system in India puts burden of proof on the prosecution to prove that a person is guilty of an offence beyond the reasonable doubt.

Final Arguments of both the sides

Once the defence evidence of the accused is over, the prosecution presents its final arguments. In final arguments, the prosecution generally sum up its case against the accused. After the final arguments of the prosecution are over, the defence also present its final arguments. After the final arguments of both the sides are over, the court generally reserve its judgment.

Delivery of Judgment

After application of mind, the judge delivers a final judgment holding an accused guilty of offence or acquitting him of the particular offence. If a person is acquitted, the prosecution is given time to file an appeal and if a person is convicted of a particular offence, then date is fixed for arguments on sentence.

Arguments on sentence

Once a person is convicted of an offence, both the sides present their arguments on what punishment should be awarded to an accused. This is generally done in cases which are punished with death or life imprisonment.

Judgment with punishment

After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

(Note: Change in Court proceedings may subject to current law mechanism.)

Laws on F.I.R. in India.

Facts you must know about FIR before you enter a police station. 

Its a very very common thing that people approach you saying the police is not lodging their FIR. I have come across numerous cases, where people are not aware about facts related to F.I.R., This prompts us to write on things you must know before entering a police station in such a case.

What is FIR?
FIR stands for first information report. It is a document providing the basic information that a cognizable offense has been committed. We must know that FIR is not a conclusive proof that a person has committed an offense. FIR is the starting point of the investigation in a particular offense.

What is the law on FIR?
FIR is governed by Section 154 of the Criminal Procedure Code.
According to Section 154, (1) Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant. (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offense, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

Is a police officer duty bound to lodge FIR in every case?
The police officer is duty bound to lodge FIR in every cognizable case. And if a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. And if a police officer refuses to do so, one must approach the SP of the concerned area that a police officer has refused to lodge FIR.

What does it mean if the police officer takes your complaint and gives you an acknowledgement? Does it mean FIR has been lodged? 

No, it doesn't mean that the FIR has been lodged. It just means that the police officer has received a complaint and the police will see if a cognizable offense has been committed or not?

How will you get to know that your FIR has been lodged or not?
If a FIR has been lodged, the police officer concerned shall write in their prescribed performa in a form or in computer as the case may be. They will also write the relevant sections and the name of the accused persons if any of them are known to the complainant. The FIR shall also contain a reference number containing the year also.

Can your complaint be FIR?
Yes! Your complaint can also be FIR provided they have written down the contents of your complaint in their prescribed performa. Please remember that mere acknowledgment of receiving your complaint doesn't automatically converts it into FIR.

Is it your right to get a copy of FIR?
Yes! Its your right to get a copy of your FIR free of cost from the police

Should FIR be lodged ASAP? What will happen if there is a delay in filing FIR?
Yes, FIR must be lodged as soon as possible. If there is a delay in filing the FIR, it will help the accused because the accused shall get time to destroy the evidence, there shall be a problem in locating the witnesses and during the trial, the defense lawyer will make an allegation that FIR is an after thought.

Why they refuse to file FIR? 
There are few reasons the police refuses to lodge FIR like the offense is not a cognizable offense. Sometimes they want to keep the crime graph low so if they don't lodge FIR, it will not show in the crime statistics in the area. Many a times, a party bribes police officers and that's why they refuse to lodge FIR. In most of mobile theft cases, it is a common practice that police does not register a FIR but registers a NCR so the graph of theft remains low.

What should you do if the police officer refuses to lodge a FIR?
If the police refuses to lodge FIR, don't think that this is the end of the road. The Criminal Procedure Code has a provision under section 156(3) where an aggrieved person may file a petition before the magistrate asking for a direction to the police to lodge a FIR.
Source: Spreadlaw.

Need And Importance of Property Registration.

The system of registration of documents was in vogue in British India first in Bengal in 1793, thereafter in Bombay and in Madras in 1802. These regulations were applicable both in Presidency Towns as well as Moffusil. The Registrars were appointed for each district and required them to register the following documents:

1) Deeds of sale or gifts of lands, houses and other real property;

2) Deeds of mortgage on land, houses and other real property, as well as certificates of the discharge of such encumbrances;

3) Leases and limited assignments of land, houses and other real property, including generally, all conveyances used for the temporary transfer of real property;

4) Wasseathnamas or Wills;

5) Written authorities from husbands to their wives to adopt sons after their (husbands’) demise;

Section 6 of the Madras Regulation was similar in terms to the corresponding provisions of the Bombay and Bengal Regulations. This was the most important provision of these Regulations. Mulla’s commentary on the Registration Act sets out in full section 6 of the Bombay Regulation. Firstly, it provided that every deed of sale or gift registered under the Regulation would invalidate any unregistered deed if the same nature whether executed prior or subsequent to the registered deed.

Secondly, it provided that every registered mortgage deed would have priority over any unregistered mortgage deed whether executed prior or subsequent to the registered mortgage.

Thirdly, it stated that the object of the two preceding rules was to prevent persons being defrauded by purchasing or receiving in gift or taking in mortgage real property which may have been before sold, given or mortgaged, and that persons would never suffer such imposition when they are appraised of the previous transfer or mortgage of the property.

It therefore provided that if the buyer, donee or mortgagee had knowledge of the previous sale, gift or mortgage, the rule of invalidation or priority mentioned in the previous two clauses would not apply.

Registration Act, XVI of 1864 was enacted except in Bombay where an important change was introduced by a Regulation of 1827. Section 13 of that Act provided that, certain documents shall not be received in evidence in any court or be acted upon by any public officer unless the document shall have been registered. It may noted that this section itself did not specifically say that these documents must compulsorily registered but the same result was secured by means of the sanction of refusing to receive in evidence such documents, if unregistered. The Registration Act, XX of 1866 provided that instruments of the four classes mentioned therein must be registered. The Registration Act, 1866 was repealed by the Act III of 1877 which was amended from time to time till it was replaced by the present Act XVI of 1908.

The Indian Registration Act, 1908 presently extends to whole of the territory of India excluding the state of Jammu and Kashmir to which State the relevant legislative power of the Parliament does not extend.

The provisions of the Act may be broadly grouped under three heads. The first head relates to the documents which are registerable under the Act. The second relates to the procedure to be followed for getting a document registered under the provisions of the Act. The third deals with the administrative machinery provided under the Act and the respective duties of the different classes of officers.

The documents registerable under the Act fall under three categories. In the first category, documents relating to transactions which according to the substantive law, can be effected only by registered documents. It is hardly necessary to point out that the Registration Act does not lay down that any transaction in order to be valid, must be effected by a registered instrument. What it provides is that when there is a written instrument evidencing a transaction, it must, in certain cases, be registered, while in other cases, it may, at the option of the parties, be registered, in the manner laid down in the Act. The obligation to get a transaction effected only by a registered instrument is laid down by the substantive law. Thus, as per the provisions of the Transfer of Property Act, 1882 sales, mortgages, exchanges, gifts and leases requires to be effected only by registered instruments subject to an exception in case of some transactions relating to immovable property of less than â‚¹100 in value. Similarly, as per section 5 of the Indian Trusts Act, 1882 a trust in relation to immovable property is valid only if it is declared by a non-testamentary instrument in writing signed by the author of the trust or the trustee and registered or by the will of the author of the trust or of the trustee. The substantive law, however, does not provide the machinery for effecting registration. It is the Registration Act which provides the machinery for effecting registration and the parties to the registerable documents must necessarily have recourse to the provisions of this Act.

Under the substantive law, certain transactions can be effected without a writing example partitions, releases, settlements etc. But, if the transaction is evidenced by a writing and relates to immovable property, the Registration Act steps in and clauses (b) and (c) of Section 17(1) require registration of such documents, subject to the exception specified in sub-section 2 of that section. If an authority to adopt is conferred in writing, other than a Will, it is also required to be registered [section 17(3)]. These documents fall under the second category.

It is open to the parties, if they so choose, to get certain documents registered at their option and this is permitted by section 18. Wills need not be registered but it is open to the parties to get them registered under the third category.

The Act further provides for the consequences of non-registration of documents [section 49] and the effects of registration [section 48 and 50]. To enable a person to get a document registered under the Act, certain conditions have to be fulfilled and certain formalities to be observed. The document must contain a description of the property and has to be presented for registration in the proper registration office within the time limited by the Act. The details regulating presentation, such as time for presentation, place of presentation, persons entitled to present a document and the mode of enquiry before the Sub-registrar are all dealt with in various parts of the Act. If the Registrar also refuses registration, a suit under section 77 can be filed within 30 days of his Oder for a direction that the document be registered. This in brief is a summary of the procedure laid down by the Act.

The Act also prescribes the machinery for the administration of the Act. The administration of the Act is the duty of each State Government. Each state is divided for the purposes of the Act into districts and sub-districts. At the apex of the administration is the Inspector General of Registration and under him a Registrar for each district and a Sub-registrar for each sub-district. Besides these, there is a provision for the appointment of Inspector of Registration Offices. These appointments are to be made by the State Governments.

From the brief analysis of the provisions of the Act it is clear that the object of the Registration Act is to preserve as authentic record of the terms of documents so that if a document be lost or destroyed or misplaced, a certified copy from the Registrar can be obtained. Registration also facilitates the proof of execution of a document as its execution is admitted by the executant, before the Sub-registrar. Yet another useful purpose that registration serves is to enable any person intending to enter into any transaction relating to immovable property to obtain complete information relating to the title to such property and for this purpose to look into the register and obtain certified copies of the documents.

Registration of sale of an immovable property creates a right in rem in favor of the buyer of the property with exclusive possession of the property till the same is transferred. In case of lease, the lessee enjoys the exclusive possession of property for a defined period.

Source: lawyersclubindia.com