DUTIES OF SUB-REGISTRAR

(1) In case of Registration of marriage & acknowledgment of registered marriage - (a) Summary inquiry to be conducted on receipt of a memorandum for registration of marriage/ acknowledgment of registered marriage and actions to be taken- Once a memorandum is received, the sub-registrar shall conduct a summary inquiry and - (i) check the veracity of information provided in compliance of sub rules (1) to (11) of rule 9 and clause (a) and (b) of rule 8(1); (ii) check the veracity of the names, phone number(s), email id(s), address(es) of the registrants/parent(s) /guardian(s)/witness(es)/officiant/religious leader/ community head / official of a religious or community body contained in the memorandum submitted by the registrant(s); (iii) check the veracity of other information contained in the memorandum including the prior and existing relationship status with special emphasis on live-in relationship of the registrant(s) and also the authenticity of the documents provided/uploaded; (iv) check whether the conditions for marriage as stipulated in section 4 of the Code and the requirements of section 5 of the Code or the conditions of marriage enumerated under the proviso to section 7 of the Code along with the requirements of section 5 of the Code, as the case may be, are fulfilled; and (v) take necessary action in accordance with the provisions contained in clause (c) to (h) of rule 7(1) and rule 20. (b) Asking for Additional Information - If the Sub-Registrar needs additional information from the registrant(s), she/he shall ask for such additional information within five days of the receipt of a memorandum for registration of marriage or for acknowledgment of registered marriage. Against the memorandum submitted under Accelerated Service (Tatkal Sewa), the additional information/clarification shall be sought within twenty-four hours from the time the memorandum is received. (c) Information to the Parent(s)/Legal Guardian(s) - If the information provided regarding the parent(s)/guardian(s) is found to be correct, the Sub- Registrar shall inform the parent(s)/guardian(s) of both the parties to the marriage about the receipt of the memorandum for registration of marriage or for acknowledgement of registered marriage through Email/SMS/WhatsApp message. The format in which this information is to be communicated is provided in Annexure – 7. (d) Late Fee for Submission of Memorandum beyond the Stipulated Time Period - If a memorandum for registration of marriage/acknowledgement of registered marriage is received offline beyond the stipulated time period, the Sub-Registrar shall calculate the late fee in accordance with the provisions contained in sub rule (11) (c) of rule 9 and ask the registrants to pay the same. If a memorandum is submitted online beyond the stipulated time period, the late fee will be calculated automatically by the system and the registrants will be guided to deposit the same digitally through the Web-portal or Mobile App being used by the registrant(s)/Agency/Agencies. (e) Penalty/Fine and Punishment - Based on sections 17, 18 and clause (i) of sub-section (1) of section 32 of the Code, the procedure to be adopted by the Sub-Registrar for levying penalties/fines and for initiating action relating to the prescribed punishments are as follows - (i) In case of a marriage solemnized/contracted in the State between 26th of March, 2010 and the date of commencement of the Code, the registrants are required to submit the memorandum for registration of marriage/ acknowledgement of registered marriage within a period of six months from the date of commencement of the Code. On coming to know through her/his own sources or through a complaint that a memorandum has not been submitted within the stipulated period of six months as prescribed in clause (a) of rule 8(1), the Sub-Registrar shall issue a notice to the parties to the marriage asking them to submit, within thirty days of the issuance of the notice, a memorandum along with a statement explaining the reasons for the failure on their part in submitting the memorandum within the time prescribed above. A format of such a notice is provided at Annexure-8. On receipt of a memorandum and explanation, the Sub-Registrar shall carefully go through the explanation and try to ascertain whether there was wilful omission or negligence on the part of the registrant(s) in submitting the memorandum within the prescribed time. If the Sub-Registrar comes to the conclusion that there was indeed wilful omission or negligence on the part of the registrant(s), a penalty, as determined by the State Government through notification from time to time, shall be imposed on the registrant(s) which will be in addition to the fees and the late fee prescribed under sub rule (11) of rule 9. A format of the order to be passed in this regard is provided in Annexure – 9; (ii) In case of a marriage solemnized/contracted after the commencement of the Code, the registrants are required to submit the memorandum for registration of marriage/ acknowledgement of registered marriage within a period of sixty days from the date of marriage. On coming to know through her/his own sources or through a complaint that a memorandum has not been submitted within the stipulated period of sixty days as prescribed under clause (a) of rule 8(1), the Sub-Registrar shall issue a notice, to the parties to the marriage asking them to submit, within thirty days of the issuance of the notice a memorandum along with a statement explaining the reasons for the failure on their part in submitting the memorandum within the time period prescribed above. A format of such a notice is provided in Annexure - 8. On receipt of a memorandum and explanation, the Sub-Registrar shall carefully go through the explanation and try to ascertain whether there was willful omission or negligence on the part of the registrants in submitting the memorandum within the prescribed time. If the Sub-Registrar comes to the conclusion that there was indeed willful omission or negligence on the part of the registrants, a penalty, as prescribed by the State Government through notification time to time, along with the prescribed fee as well as late fee prescribed under sub rule (11) of rule 9 shall be imposed on the registrants. (c) Acceptance/Rejection of the application of declaration of legal heir(s) - (i) After the completion of summary inquiry and within 15 days from the receipt of the application, the Sub-Registrar may either issue a certificate of declaration of legal heir(s), the format of which is provided in Annexure - 21, or pass an order rejecting the application and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against such order with the Registrar concerned within a period of thirty days from the date of such rejection. A format of the rejection order is provided in Annexure – 22; (ii) Under sub clause (i) above an application for declaration of legal heir(s) may be rejected by the Sub-Registrar on one or more of the following grounds – (a) The declarant has not completed the age of eighteen years; (b) The summary inquiry reveals that the declarant is not of sound mind; (c) An information provided in the application is false or a document submitted is forged or fabricated; (d) Additional information/clarification has not been submitted within the time limit of five days prescribed under sub rule (1) of rule 13. (d) Acceptance/Rejection of the Information updated by the Declarant after Registration of Declaration of Legal Heir(s) - Once the declarant updates an information, the Sub-Registrar will conduct a summary inquiry to check the veracity of the information being updated. Within 15 days from the date of receipt of the updated information, the Sub-Registrar may either issue an updated certificate of declaration of legal heir(s), the format of which is provided in Annexure - 21, or pass an order rejecting the updation and mentioning the reason(s) for such rejection. The rejection order shall also mention that an appeal may be filed against such order with the Registrar concerned within a period of thirty days from the date of such rejection. (4) In case of registration of testamentary succession- (a) Summary inquiry - Once an application for registration of testamentary statement/document is received, the Sub-Registrar shall conduct a summary inquiry within fifteen days to check - (i) the veracity of information provided in compliance with the clause (c) to (n) of rule 14(2); (ii) whether the testator is/was capable of making a Will/Codicil, or is capable of revoking/reviving her/his Will/Codicil, or capable of declaring her/his previously registered Will/Codicil as her/his last Will/Codicil, or capable of declaring her/his previously registered statement of revocation/revival of the Will/Codicil as her/his last statement of revocation/revival of the Will/Codicil, and in case any other registrant is registering the Will/Codicil after the testator's death, authenticity of the person presenting the testator's Will/Codicil for registration; (iii) the veracity of the document(s) provided; (iv) the veracity of the declaration made through the self-video by the registrant other than the testator and the witnesses. Explanation: For the purpose of checking the veracity of the information provided in the application for registration of testamentary statement/document, the inquiry shall be done in one of the following ways: (a) Conducting a video call with the maker of the testamentary statement/document; (b) Undertaking a physical inspection, either by personally visiting the relevant location or by summoning the maker of the testamentary document/statement; (c) Engaging a government official, located in proximity to the maker of the testamentary document/statement, to assist in verifying the details provided in the application or declaration. (b) Action to be taken after Summary Inquiry - After the completion of summary inquiry under clause (a) of rule 7(4), the Sub-Registrar shall, irrespective of the fact that the testator/registrant other than the testator died before the completion of summary inquiry, either accept the application for registration of the testamentary statement/document and enter the relevant information presented through the online submission in Book 3 under section 51 of the Registration Act, 1908, (Act No. 16 of 1908) or reject the application for the registration of testamentary statement/document on the basis of incorrect/false information and/or forged/fabricated document in Annexure - 25. (c) Rejection of an application for registering a testamentary Statement/Document - If the application for online registration of a testamentary statement/document is rejected under clause (b) of rule 7(4), the Sub-Registrar shall, through Email /WhatsApp/SMS, inform the applicant about the rejection along with the reason(s) for doing in Annexure - 26. (d) Issuance of Registered Testamentary Statement/ Document - If the application for online registration of a testamentary statement/document is accepted under clause (b) of rule 7(4), a digitally signed testamentary statement/document shall be issued by the Sub-Registrar, through Email/WhatsApp/SMS, to the registrant other than the testator. In case the testator/registrant other than the testator died before the completion of summary inquiry, the date of registration shall be the date of submission of the testamentary statement/document. Additionally, the testator/registrant other than the testator may download the digitally signed testamentary statement/document from the official Web-portal/Mobile App of the Code. (e) Preserving a copy of the Registered Testamentary Statement/Document- Once a testamentary statement /document gets registered, the same shall be preserved in the records irrespective of the fact that the testator has subsequently got another testamentary statement/document registered. (f) Summary Inquiry on Application for getting a Certified Copy of a Registered Document - If an executor, legatee or an authorized person submits the death certificate of the testator and applies for getting a certified copy of the last registered testamentary statement/document, the Sub-Registrar shall conduct a summary inquiry to check the veracity of the testator's death certificate presented and to also establish the fact that the applicant is indeed an executor/legatee/an authorized person in the testator's last registered testamentary statement/document. (g) Action to be taken by the Sub-Registrar after conducting a Summary Inquiry under clause (f) of rule 7(4) above - After conducting the summary inquiry under clause (f) of rule 7(4), if the Sub-Registrar is satisfied that the claim made by the applicant is valid, she/he shall issue a certified copy of the registered testamentary statement/document applied for. Otherwise, the application shall be rejected stating the reason(s) for doing so. Issuance of the certified copy or rejection of the application under this Rule, shall be done within a period of fifteen days from the date of receipt of the application. (h) Information to the Executor(s) /Legatee(s)/ Authorized Person(s) - On receipt of the death certificate of a testator and after checking the veracity of the death certificate on the CRS Web-portal, the Sub-Registrar shall, through SMS, Email and WhatsApp, inform the executor(s) /legatee(s)/authorized person(s) mentioned in the testator's last registered testamentary statement/document that she/he is an executor/legatee /authorized person in the testator's last registered testamentary statement/document.