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Amendments to Registration Act sought for Sub-Registrars' Authority
ECONOMY & POLICY

Amendments to Registration Act sought for Sub-Registrars' Authority

24 Jan 2024 2 Min Read CW Team
Registration department officials mentioned that amendments to the Registration Act, 1908 are necessary for enabling sub-registrars in the state to decline the registration of property documents that violate central or state laws. The proposal was submitted for amendment in August last year, post the monsoon session of the state assembly, to the judicial division of the Ministry of Home Affairs through the governor?s office.

Similar proposals seeking amendments to the central act have been put forth by other states like Tamil Nadu and Karnataka. According to S Bajaj, the deputy secretary of the revenue department, the state cannot enforce it unless changes are made by the central government in the act. The proposal was sent to the Ministry of Home Affairs (judicial division) for amendment, and once the amendment is enacted, it can be implemented in the state, as per Bajaj.

A property registration department official explained that Section 18 (a) would be included in the act, granting sub-registrars the authority to reject the registration of specific documents related to transactions prohibited by any central or state law.

The Maharashtra legislative assembly and council approved the proposal on July 25 and August 3, 2023. The need for the amendment arose due to violations of the Maharashtra Real Estate Regulatory Act, 2016, and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 in some property documents registered in the past two years. The amendments aim to ensure that sub-registrars scrutinise documents before registration, stated a senior registration department official.

However, the Avdhoot Law Foundation has expressed concerns about granting excessive powers to sub-registrars, fearing potential misuse. Shrikant Joshi of the foundation emphasised that such powers might be prone to corruption.

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Registration department officials mentioned that amendments to the Registration Act, 1908 are necessary for enabling sub-registrars in the state to decline the registration of property documents that violate central or state laws. The proposal was submitted for amendment in August last year, post the monsoon session of the state assembly, to the judicial division of the Ministry of Home Affairs through the governor?s office. Similar proposals seeking amendments to the central act have been put forth by other states like Tamil Nadu and Karnataka. According to S Bajaj, the deputy secretary of the revenue department, the state cannot enforce it unless changes are made by the central government in the act. The proposal was sent to the Ministry of Home Affairs (judicial division) for amendment, and once the amendment is enacted, it can be implemented in the state, as per Bajaj. A property registration department official explained that Section 18 (a) would be included in the act, granting sub-registrars the authority to reject the registration of specific documents related to transactions prohibited by any central or state law. The Maharashtra legislative assembly and council approved the proposal on July 25 and August 3, 2023. The need for the amendment arose due to violations of the Maharashtra Real Estate Regulatory Act, 2016, and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 in some property documents registered in the past two years. The amendments aim to ensure that sub-registrars scrutinise documents before registration, stated a senior registration department official. However, the Avdhoot Law Foundation has expressed concerns about granting excessive powers to sub-registrars, fearing potential misuse. Shrikant Joshi of the foundation emphasised that such powers might be prone to corruption.

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