professional practice building codes

2. REGISTRATION ACT
• Registration Act, 1908
• Registration of documents under the
Registration Act, 1908
• Registration is the process of recording a
document with a recognized officer and
safeguarding its original copies. Any document
whether binding or non-binding shall be
registered in a required manner. Registration of
every document is not necessary but affirms
the authenticity and helps avoid legal process.
There are two kinds of registration according to
The Registration Act, 1908 namely “Mandatory
Registration” and “Optional Registration”

3. MANDATORY/COMPULSORY REGISTRATION
• Mandatory Registration Section 17 of the Indian Registration Act, 1908 provides for
mandatory registration of certain documents. Those are as follows:-
1. Gift deed related to an immovable property;
2. Non-testamentary instruments:
a. Purporting to create, assign, declare, extinguishing of any interest in any
immovable property worth Rs. 100 and above;
b. which acknowledge receipt or payment of any consideration for creation,
assignment, declaration or limitation of any right, title or interest;
3. Lease of immovable property for any term exceeding one year or reservation of
yearly rent;
4. Contracts for transfer of immovable property for a consideration for purpose of
Section 53A of Transfer of Property Act, 1882 is executed on or after the
inception of Registration and Other Related Laws (Amendment) Act, 2001.
Failing to do so will result in transfer being invalid.

4. OPTIONAL REGISTRATION
But not all documents have to be registered. Section 18 provides for optional
registration of some documents such as:-
1. Adoption Deed
2. Instrument relating to shares in the joint stock company
3. Debentures issued by the joint stock company
4. Will
5. Lease of immovable property not exceeding 1 year
6. Document of a past transaction
7. Power of Attorney with respect to movable property
8. Decree or order of court comprising an immovable property valued below Rs.
100
9. Certificate of Sale granted
10. Agreement of Mortgage
11. Promissory note
12. Instrument of partition by Revenue Officer
13. Grant of immovable property by Government

5. WHEN TO REGISTER
According to Section 23 of The Registration Act, 1908, all documents except a
will have to be presented for registration within 4 months from the date of
execution In case of documents regarding immovable property, it shall be
presented for registration in the office of Sub-Registrar within whose district the
property or part of it is located (Section 28 of The Registration Act, 1908). In the
case of all other documents, they shall be presented:-
1. In the office of the Sub-Registrar in whose sub-district the document was
executed; or
2. In the office of any other Sub-Registrar under the State Government where
all individuals desire the document to be registered. The Officer authorized
to register a document may on a special cause being shown also go to the
individual’s private residence who desires to present a document for
registration or deposit a will (Section 31 of The Registration Act, 1908).

6. WHO CAN APPLY FOR REGISTRATION
Who can apply for registration According to Section 32 of The Registration Act, 1908, every document
(except in cases of Sections 31, 88 and 89 of The Registration Act, 1908) shall be presented for
registration or deposited in a proper registration office by:-
1. some person executing or claiming under the same, or, in the case of a copy of a decree or order,
claiming under the decree or order, or
2. the representative or assignee of such a person, or
3. the agent of such a person, representative or assign, duly authorized by power-of-attorney executed
and authenticated in the manner hereinafter mentioned
THE BENEFITS OF REGISTERING DOCUMENTS
• Registration of a document gives a more transparent deal. Even if a registered document is lost or damaged,
the registration records prove the authenticity of the document.
• A document stating that a Power of Attorney has been revoked should also be registered so that there is no
misuse after revocation.
• Easy access also helps in finding the owner who has the title and right to the property and whether there is
any case against him or an existing liability before someone decides to buy it. Registration also prevents
forgeries or fraud in transactions specifically in tax, stamp duty etc.
https://www.indiacode.nic.in/bitstream/123456789/13236/1/the
_registration_act%2C_1908.pdf
Source Link for the registration act 1908
 (Part-3) Page 7

8. THE PROCESS OF LAND ACQUISITION
• For the purposes of Land Acquisition
Act of proceedings are carried on by an
officer appointed by the government
known as Land Acquisition Collector.
The proceeding under the Land
Acquisition Collector is of an
administrative nature and not of a
judicial or quasi judicial character.
When a government intends to occupy
a land in any locality is has to issue a
notification under Section 4 in the
official gazette, newspaper and give a
public notice which entitles anyone on
behalf of the government to enter the
land for the purposes of digging,
taking level, set out boundaries etc.
• The section also makes it mandatory
for the officer or person authorized by
the government to give a notice of
seven days signifying his intention to
enter any building or enclosed court in
any locality. This is a mandatory
provision of the process of land
acquisition.

9. THE PROCESS OF LAND ACQUISITION
• An officer or authorized person of the
government has to tender payment for all
necessary damage, and dispute all disputes
to insufficiency of amount lie to the
collector. Under Section 5(a) any person
interested in land which is notified
undersection 4 (who is entitled to claim an
interest in compensation) can raise an
objection, in writing and in person.
• The collector after making inquiry to such
objections has to forward the report to the
government whose decision in this respect
would be final. After considering such report
made by the collector under section 5(a) the
government may issue a declaration within
one year of the notification under section 4
to acquire land for public purposes or
company, this declaration is a mandatory
requirement of the acquisition.

10. DEMARKING
• After the declaration under Section 6, collector has
to take order from the appropriate government
weather state or central for the acquisition of land
under section 7. The next step in the process of
acquisition is that collector has to cause land to be
marked out, measured and appropriate plan to be
made accurately,
• An important process that takes place under this
section is demarcation which consists of marking
out boundaries of land to be acquired, either by
cutting trenches or fixing marks as posts. Object is
to facilitate measurement and preparation of
acquisition plan, but also let the private persons
know what land is being taken. Obstruction under
Section 8 and Section 4 are offence punishable with
an imprisonment not exceeding one year and with
fine not exceeding fifty rupees

11. PUBLIC NOTICE
• Section 9 requires the collector to cause a public
notice at convenient places expressing government's
intention to take possession of the land and
requiring all persons interested in the land to appear
before him personally and make claims for
compensation before him. In affect this section
requires collector to issue two notices one to the
locality of acquisition and other to occupants or
people interested in lands
• Next step in the process of acquisition requires a
person to deliver names or information regarding
any other person possessing interest in the land to
be acquired and the profits out of the land for the
last 3 years. It also binds the person by requiring
him to deliver such information to the collector my
making him liable under sections 175 and 176 of the
Indian Penal Code.

12. COMPENSATION
• The Final set of collector's proceedings involve an enquiry by
the collector into the objections made by the interested
persons regarding the proceedings under section 8 and 9 and
making an award to persons claiming compensation as to the
value of land on the date of notification under section 4. The
enquiry involves hearing parties who appear with respect to
the notices, investigate their claims, consider the objections
and take all the information necessary for ascertain the value
of the land, and such an enquiry can be adjourned from time
to time as the collector thinks fit and award is to be made at
the end of the enquiry.
The award made must be under the following three heads:
• Correct area of land
• Amount of compensation he thinks should be given
• Apportionment of compensation
• Section 11 makes it obligatory on the part of the collector to
safeguard the interests of all persons interested, even though
they might not have appeared before him. In awarding
compensation the Land Acquisition Collector should look into
estimate value of land, give due considerations to the other
specific factors.
• Value of the property in the neighborhood can be used as
criteria. The award should be made within 2 years.

13. INCOME TAX
• Taxes in India can be categorized as direct and indirect
taxes. Direct tax is a tax you pay on your income directly to
the government. Indirect tax is a tax that somebody else
collects on your behalf and pays to the government e.g.
restaurants, theatres and e-commerce websites recover
taxes from you on goods you purchase or a service you
avail. This tax is, in turn, passed down to the government.
Direct Taxes are broadly classified as :
• Income Tax – This is taxes an individual or a Hindu
Undivided Family or any taxpayer other than companies,
pay on the income received. The law prescribes the rate at
which such income should be taxed
• Corporate Tax – This is the tax that companies pay on
the profits they make from their businesses. Here again, a
specific rate of tax for corporates has been prescribed by
the income tax laws of India
• Indirect taxes take many forms: service tax on restaurant
bills and movie tickets, value-added tax or VAT on goods
such as clothes and electronics. Goods and services tax,
which has recently been introduced is a unified tax that
has replaced all the indirect taxes that business owners
have to deal with.

14. WEALTH TAX
• Wealth tax is imposed on the richer section of the society. The
intention of doing so is to bring parity amongst the taxpayers.
However, wealth tax was abolished in the budget of 2015
(effective FY 2015-16) as the cost incurred for recovering taxes
was more than the benefit is derived. Abolishing the wealth
tax also simplified the tax structure. As an alternative to the
wealth tax, the finance minister hiked the surcharge from 2%
to 12% for the super rich section. Individuals with an income
of above Rs.1 crore and companies with an income of over
Rs.10 crore fall under the ambit of the super-rich segment.
• WEALTH TAX
Wealth tax is applicable to individuals, and companies. The
deciding factor for applicability of wealth tax is the residential
status. The thumb rule is the resident Indians are subject to
wealth tax on their global assets. However, NRI’s fall under the
ambit of wealth tax for the assets held in India.
• CHARGE ON WEALTH
If the total net wealth of an individual, HUF (Hindu undivided
family) or company exceeds Rs. 30 lakhs, on the valuation date,
tax @1% will be livable on the amount in excess of Rs. 30 lakhs.
Every person whose net wealth exceeds such limit shall furnish a
return of net wealth. The due date is same as that of Income tax
return