The Registration (Gujarat Amendment) Act, 1982

1. (1) This Act may be called the Registration (Gujarat Amendment) Act, 1982.
2. (2) It shall be deemed to have come into force on the 18th December, 1981.

In the Registration Act, 1908, in its application to the State of Gujarat,

1. (i) in sub-section (1), after clause (aa), the following clause shall be inserted, namely :- "(aaa) instruments which purport or operate to effect any contract for transfer of immovable property;";
2. (ii) after sub-section (1), the following sub-section shall be inserted, namely :- "(1A) The provisions of section 23 shall apply to an instrument referred to in clause

1. (aaa) of subsection

1. (1) and executed before the commencement of the Registration (Gujarat Amendment) Act, 1982 as if in that section for the words "from the date of its execution" the words, figures, and letters "from the 1st March, 1982" had been substituted."
   • (iii) in sub-section (2), the explanation shall be deleted.

In the principal Act, in section 32, the following Explanation shall be added at the end, namely:-

"Explanation.- For the purpose of this section the term "document" shall include the document presented by an electronic means."

In the principal Act, in section 34, -

1. (i) after sub-section (1), the following sub-section shall be inserted, namely:- "(1A) The registering officer may refuse to accept the documents relating to immovable property mentioned in sub-section

1. (1) of section 17, if they are not accompanied by the parties and -
   • (a) proofs of identity of executing and claiming witnesses;
   • (b) proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is to be registered;
   • (c) sign or thumb impression/finger print (if the person is unable to sign) of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration;
   • (d) proof that the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the principal.";
     • (ii) the following Explanation shall be added at the end, namely:- "Explanation.- For the purpose of this section the term "document" shall include the document presented by an electronic means."

In the principal Act, in section 35, the following Explanation shall be added at the end, namely:-

"Explanation.- For the purpose of this section the term "document" shall include the document presented by an electronic means."

In the principal Act, in section 69, in sub-section (1), after clause (j), the following clause shall be added, namely:-

"(jj) regulating the procedure for presentation of document, appearance for admission, endorsement, manner of affixing signature and seal, mode of payment of registration fees and other fees and such other process when the document is presented by electronic means.".

Insertion of new sections 89A, 89B, 89C and 89D in XVI of 1908

1. (1) Every court passing,-
   • (a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or
   • (b) an order to interim attachment or attachment of immovable property or for the release of any immovable property from such attachment shall, in accordance with the rules made in this behalf, shall send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order, is situated, and such officer shall file the copy of the memorandum in his Book No 1: Provided that, where the immovable property is situated within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses
   • (a) and
   • (b) of this sub-section shall be followed in respect of the property within the jurisdiction of each of such officer.
2. (2) Every officer issuing a certificate of sale or a written demand before the attachment of the immovable property of a defaulter under the provisions of any law relating to Revenue Recovery for the time being in force including the Revenue Recovery Act, 1890, shall,-
   • (a) send a copy of such certificate of sale or written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 2l;
   • (b) where such written demand is withdrawn or attachment of property is lifted or the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his Book No 1: Provided that, where the immovable property is situate within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses
   • (a) and
   • (b) of this sub-section shall be followed in respect of the property within the jurisdiction of each of such officers.

1. (1) Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause
   • (f) of section 58 of the Transfer of Property Act, 1882 shall, within 30 days from the date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property is situated, and the said officer shall file the same in his Book No 1: Provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer, the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of such officers.
2. (2) If, the person who has mortgaged the property as aforesaid fails to file a notice within 30 days as referred to in sub-section
3. (1) before the registering officer or officers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid by him together with interest at twelve per cent. from the date of payment and also to compensation for any damages suffered by him, from the transferor.
4. (3) The amount recoverable by such transferee as specified in sub-section
5. (2) shall be a charge on the interest of the mortgagor, in the mortgaged property:

Punishment for failure to file notice under section 89B Any person who fails to file a notice under section 89B to the registering officer along with fees, within the period specified in that section, shall be punished with imprisonment for a term which shall not be less than one years but which may be for a term which may be extend up to three years and shall also be liable to fine.

-1 89D.

1. (1) The State Govemment may, by notification in the Official Gazette, make rules for carrying out the purposes of section 89A and section 89B.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for,-
   • (a) the manner in which notices or true copies of documents shall be prepared, and
   • (b) the manner of filing of the notices or true copies.
3. (3) All rules made under this section shall, be laid for not less than thirty days before the State Legislature as soon as possible after they are made and shall be subject to rescission by the State Legislature or to such modification as the State Legislature may make, during the session in which they are so laid or the session immediately following.
4. (4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.