The document summarizes key aspects of the Registration Act of 1908 and Indian Stamp Act of 1899. It outlines that both acts are on the concurrent list, allowing both central and state legislation. It describes the scheme and salient features of the acts, including provisions around registration establishment, registerable documents, timelines, fees and penalties. The acts aim to provide notice, preserve records, prevent fraud and generate revenue from registration and stamp duties.
The document discusses Indian laws related to registration and stamp duty for property transactions and legal documents. The Registration Act of 1908 and Indian Stamp Act of 1899 require registration and payment of stamp duty for certain types of documents related to property transfers and legal agreements. Failure to properly register or pay stamp duty can result in documents being inadmissible in court and penalties for those involved. The acts aim to provide authenticity and legitimacy for important financial and legal documents.
The document discusses the requirements for registration of various types of documents under Indian law. It states that non-testamentary documents like gift deeds, mortgage deeds, leases over one year, and documents transferring property worth over Rs. 100 must be registered. It also outlines the timelines for registration, where documents can be registered, who can register documents, and the records maintained for registered documents.
The document summarizes the key aspects of the Registration Act of 1908 in India. It discusses (1) why the act was introduced - to record certain transactions and prevent fraud, (2) the classification of registrable documents into those requiring compulsory registration and those where registration is optional, (3) the time limits for registration, and (4) the effects of non-registration of documents that are required to be registered.
The document summarizes key aspects of the Registration Act of 1908 and Indian Stamp Act of 1899 in India. It outlines the constitutional basis for these acts, their scheme and structure, important definitions and provisions. It describes the registration process for different types of documents, including timelines, places of registration, fees. It also covers enforcement provisions like penalties for non-compliance and recovery of duties. The acts aim to give public notice of transactions and preserve records in order to prevent fraud, especially related to real estate.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The Indian Registration Act of 1908 outlines various sections related to compulsory and optional registration of documents in India. Key points:
1) Section 17 lists documents of which registration is compulsory, including gifts of immovable property, leases over one year, and instruments related to rights over property valued over 100 rupees.
2) Section 18 allows for optional registration of similar documents valued under 100 rupees and leases under one year.
3) Documents must generally be presented for registration within 4 months and must contain an accurate description and map of the property for registration relating to land.
The document provides an overview of The Indian Stamp Act of 1899 which consolidated and amended laws relating to stamps. [1] It lists the sections contained in the act related to stamp duties, instruments chargeable, valuation of instruments, penalties for non-compliance, and other administrative provisions. [2] The act established a framework for stamp duties on legal documents and financial instruments to be paid according to schedules, and penalties for documents that were improperly or not stamped. [3] It aimed to simplify and standardize stamp duty laws across various regions of India at the time.
Refusal of registration under bnagladesh registration act,1908Munibullah Al Mohsin
The document discusses refusal to register documents under the Registration Act of 1908 in Bangladesh. It provides several key reasons for refusal of registration: if the document is in a language not understood locally, if it contains unattested corrections, if the property description is insufficient, or if it is presented after the prescribed time limits. It also outlines the appeal process if registration is refused, first to the Registrar and then potential legal recourse. Penalties are outlined for any fraudulent or incorrect registration under the Act, including imprisonment, fines, or both.
The document discusses Indian laws related to registration and stamp duty for property transactions and legal documents. The Registration Act of 1908 and Indian Stamp Act of 1899 require registration and payment of stamp duty for certain types of documents related to property transfers and legal agreements. Failure to properly register or pay stamp duty can result in documents being inadmissible in court and penalties for those involved. The acts aim to provide authenticity and legitimacy for important financial and legal documents.
The document discusses the requirements for registration of various types of documents under Indian law. It states that non-testamentary documents like gift deeds, mortgage deeds, leases over one year, and documents transferring property worth over Rs. 100 must be registered. It also outlines the timelines for registration, where documents can be registered, who can register documents, and the records maintained for registered documents.
The document summarizes the key aspects of the Registration Act of 1908 in India. It discusses (1) why the act was introduced - to record certain transactions and prevent fraud, (2) the classification of registrable documents into those requiring compulsory registration and those where registration is optional, (3) the time limits for registration, and (4) the effects of non-registration of documents that are required to be registered.
The document summarizes key aspects of the Registration Act of 1908 and Indian Stamp Act of 1899 in India. It outlines the constitutional basis for these acts, their scheme and structure, important definitions and provisions. It describes the registration process for different types of documents, including timelines, places of registration, fees. It also covers enforcement provisions like penalties for non-compliance and recovery of duties. The acts aim to give public notice of transactions and preserve records in order to prevent fraud, especially related to real estate.
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The Indian Registration Act of 1908 outlines various sections related to compulsory and optional registration of documents in India. Key points:
1) Section 17 lists documents of which registration is compulsory, including gifts of immovable property, leases over one year, and instruments related to rights over property valued over 100 rupees.
2) Section 18 allows for optional registration of similar documents valued under 100 rupees and leases under one year.
3) Documents must generally be presented for registration within 4 months and must contain an accurate description and map of the property for registration relating to land.
The document provides an overview of The Indian Stamp Act of 1899 which consolidated and amended laws relating to stamps. [1] It lists the sections contained in the act related to stamp duties, instruments chargeable, valuation of instruments, penalties for non-compliance, and other administrative provisions. [2] The act established a framework for stamp duties on legal documents and financial instruments to be paid according to schedules, and penalties for documents that were improperly or not stamped. [3] It aimed to simplify and standardize stamp duty laws across various regions of India at the time.
Refusal of registration under bnagladesh registration act,1908Munibullah Al Mohsin
The document discusses refusal to register documents under the Registration Act of 1908 in Bangladesh. It provides several key reasons for refusal of registration: if the document is in a language not understood locally, if it contains unattested corrections, if the property description is insufficient, or if it is presented after the prescribed time limits. It also outlines the appeal process if registration is refused, first to the Registrar and then potential legal recourse. Penalties are outlined for any fraudulent or incorrect registration under the Act, including imprisonment, fines, or both.
The document discusses Stamp Duty under the Bombay Stamp Act of 1958 in Maharashtra, India. It defines key terms like stamp duty, instrument, and document. It explains that stamp duty is a tax paid to the state government for transactions documented under the Bombay Stamp Act or Indian Stamp Act. It notes that instruments like agreements, conveyances, gifts require stamp duty. The duty must be paid before or on execution by those involved like purchasers or lessees. Penalties exist for evading stamp duty payments.
Registration involves officially recording a document to validate its authenticity and safeguard original copies. While registration is mandatory for some documents like gift deeds for immovable property, it is optional for others. Mandatory registration is outlined in Section 17 of the Indian Registration Act and includes lease agreements over one year and property transfer contracts. Section 18 covers documents that can be optionally registered, such as adoption deeds, stock shares, wills, and mortgages. Sections 79 and 90 of the Indian Evidence Act establish legal presumptions around certified copies and documents over 30 years old.
This document is the Stamp Act of 1899 from Bangladesh. It consolidates and amends the laws relating to stamps. Some key points:
- It defines various terms related to stamps and stamped instruments such as "bill of exchange", "bond", "conveyance", "duly stamped", and others.
- It outlines the liability of various instruments to stamp duty and how the duties should be paid, including through adhesive stamps.
- It provides provisions around stamping instruments in Bangladesh or outside of Bangladesh, valuation of instruments for duty, and who is responsible for paying duties.
- It establishes provisions for adjudication of proper stamps, treatment of instruments not duly stamped, and allowance for spoiled stamps
Cash contribution ≥ ₹ 50,000 but < ₹ 1 lakh ₹ 1,000
(c) Cash contribution ≥ ₹ 1 lakh ₹ 2,000
1) The Maharashtra Stamp Act applies to instruments specified in Schedule I of the Act within the state of Maharashtra. Stamp duty is charged on instruments, not transactions.
2) Stamp duty rates are provided in Schedule I and vary based on the type of instrument and consideration amount. Key instruments discussed include conveyances, leases, mortgages, gifts, and agreements.
3) Instruments must be properly stamped before or at execution. Understamped instruments may be impounded and penalties applied
Documents of which registration is compulsoryYasir Hayat
Documents relating to gifts of immovable property, non-testamentary instruments that create or transfer rights to immovable property valued over 100 rupees, and leases of immovable property for over one year or reserving rent are among the documents that must be registered under Section 17 of the Indian Registration Act. If these types of documents relating to immovable property are not registered, they cannot be used to prove ownership and will not be admissible as evidence in court. The effect of not registering a compulsory registrable document is that it cannot affect any rights to immovable property.
The document discusses various legal aspects related to immovable property transactions in India. It defines immovable property under different acts and discusses the process of property registration. It summarizes key points like documents that require compulsory registration, effects of non-registration, purpose of registration, title investigation process and various legal checks that are important in property transactions.
The Indian Stamp Act of 1899 is a fiscal statute that lays out laws relating to tax levied in the form of stamps on financial instruments. The Act specifies that stamp duties on certain documents like bills of exchange are levied by the Union, while duties on other documents are levied by States. Both the Union and States have legislative power over provisions other than duty rates. A Standing Committee of State Secretaries was formed to discuss issues relating to registration and stamps. Amendments to some provisions of the 1899 Act were being considered, and a draft of proposed amendments was circulated for comments.
Document of which registration is optionalYasir Hayat
The document discusses documents for which registration is optional under Indian law. It notes that Section 17 and 18 of the Registration Act specify documents that must and may be registered. Documents that do not need to be registered include wills, powers of attorney, agreements to sell, agreements for partition, tenancy agreements under one year, promissory notes, agreements of mortgage, deeds of adoption, simple contracts, and releases. While not required, parties have the option to register such documents, though failure to register does not invalidate them or affect their admissibility as evidence.
Ca lecture stamp duty registration final mumbai 90930Vaishali Jhaveri
Stamp Duty and Registration – Law & procedural aspects provides an overview of stamp duty laws and procedures in India. The key points are:
1) Stamp duty is a tax paid to the government on legal documents like agreements and registrations. The amount paid depends on the type and value of the property.
2) Stamp duty must be paid in full and on time to avoid penalties. A properly stamped document has evidentiary value in courts.
3) There are different types of stamps for different uses like share transfers, insurance policies, and notarizations. Stamp duty can also be paid via stamp paper or franking machines.
4) The timing of payment, penalties for delays, persons responsible for payment,
The document discusses the Registration Act of 1908 in India. It explains that registration involves officially recording documents with the government to establish legal rights and prevent fraud. There are two main categories of registrable documents: those requiring compulsory registration like gifts of immovable property and those allowing optional registration. Unregistered documents affecting land ownership cannot be used in legal proceedings, but there are some exceptions like cases involving contracts for specific performance. The objectives of registration are to inform people of property rights and obligations, preserve important documents, and ensure proper records are kept.
The document is an amendment bill to further amend the Benami Transactions (Prohibition) Act of 1988 in India. Some key points:
- It proposes to substitute new definitions for terms like "benami property", "benami transaction", and establishes new authorities like the Adjudicating Authority and Appellate Tribunal.
- It prohibits benami transactions initiated after the date of commencement of this amendment act and introduces penal provisions.
- It also substitutes sections regarding confiscation of benami property and prohibits re-transfer of such property.
- New chapters are inserted establishing the Adjudicating Authority, its composition, powers, and terms of office of members.
Taxmann's Benami Black Money & Money Laundering LawsTaxmann
Taxmann’s Benami, Black Money & Money Laundering Laws provides a compilation of annotated, amended & updated on the following Laws:
• Prohibition of Benami Property Transactions Act, 1988 with Rules, Schemes & Notifications
• Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 with Rules, Challans, Instructions and Circulars & Notifications
• Prevention of Money-laundering Act, 2002 with Rules & Notifications
• Fugitive Economic Offenders Act, 2018 with Rules, Regulations & Notifications
This book aims to provides a complete and thorough understanding of the statutory portion of the Benami and Black Money Laws.
The Present Publication is the Latest Edition, as amended by the Finance Act 2021.
This document describes the step by step process of registering a property in India. Whether one buys property from an individual or from a real estate developer, sticking to the property registration process will make sure that property titles are free and clear and are legally assigned in buyer's name.
The document compares amendments proposed by the Indian government to the Benami Transactions (Prohibition) Amendment Bill of 2015. Key proposed amendments include narrowing the definition of benami transactions, exempting certain property transfers where stamp duty was paid, and allowing authorized representatives during adjudication proceedings. The Standing Committee on Finance had recommended some of these amendments, including qualifications for the Appellate Tribunal Chairperson. The Committee also suggested addressing unaccounted wealth through income tax laws and digitizing land records instead of a separate benami law.
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Preliminary decree for partition (article)arjun randhir
1. A preliminary decree in a partition suit only decides the rights and shares of the parties. Equities are adjusted in the final decree after considering a tentative partition scheme.
2. For agricultural lands assessed to revenue, the civil court only declares parties' shares and the authority concerned effects the actual partition by boundaries.
3. Where a preliminary decree relates to agricultural land, the court directs partition to be made by the Collector according to the rights declared and provisions of Section 54 of the Code of Civil Procedure.
Under the registration act, certain documents must be registered, such as instruments of gift, non-testamentary instruments, instruments relating to receipts, and lease deeds. If a document requiring compulsory registration is not registered, it has no evidentiary value in court and cannot be used to prove title to immovable property. While unregistered documents are generally inadmissible as evidence, they can be used for collateral purposes or to prove handwriting. For a document to be affected by non-registration, it must be one that is compulsory to register, and it must indeed have not been registered as required under the law.
Types of stamps and some concepts of stamp dutyshweta malpani
The document discusses stamp duty in India, including:
- Stamp duty is a tax on certain legal documents, which can be either fixed or variable based on value.
- The Constitution allocates stamp duties on certain documents to the Union, while states retain proceeds of other duties.
- Stamp duty revenue goes primarily to the state government, with some going to the Union for non-commercial instruments.
- Types of stamps include impressed, adhesive, judicial, and non-judicial stamps. Duty can be paid through purchasing stamps or paying cash.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Optional registration of documents under the registration act, 1908IshaKhalid3
The document discusses optional registration of documents under the Registration Act of 1908 in India. It states that Section 18 of the Act specifies documents for which registration is not mandatory but is optional. These include wills, powers of attorney, agreements to sell, agreements for partition, leases less than one year, promissory notes, deeds of adoption, and court decrees involving immovable property valued at less than 100 rupees. The document provides examples to support that registration of these documents is at the discretion of the involved parties and a lack of registration does not affect their validity or ability to be submitted as evidence.
This short document promotes the creation of Haiku Deck presentations on SlideShare by stating it provides inspiration. It encourages the reader to get started making their own Haiku Deck presentation by clicking a button labeled "GET STARTED".
The Stamp Act imposed taxes on printed materials in the American colonies in 1765, which led to protests from colonists who believed in the principle of "no taxation without representation" and did not have elected representatives in the British Parliament making the laws. Colonists were unhappy to be taxed by the British government on items like legal documents, newspapers, almanacs, dice, and playing cards without having any say in the process.
The document discusses Stamp Duty under the Bombay Stamp Act of 1958 in Maharashtra, India. It defines key terms like stamp duty, instrument, and document. It explains that stamp duty is a tax paid to the state government for transactions documented under the Bombay Stamp Act or Indian Stamp Act. It notes that instruments like agreements, conveyances, gifts require stamp duty. The duty must be paid before or on execution by those involved like purchasers or lessees. Penalties exist for evading stamp duty payments.
Registration involves officially recording a document to validate its authenticity and safeguard original copies. While registration is mandatory for some documents like gift deeds for immovable property, it is optional for others. Mandatory registration is outlined in Section 17 of the Indian Registration Act and includes lease agreements over one year and property transfer contracts. Section 18 covers documents that can be optionally registered, such as adoption deeds, stock shares, wills, and mortgages. Sections 79 and 90 of the Indian Evidence Act establish legal presumptions around certified copies and documents over 30 years old.
This document is the Stamp Act of 1899 from Bangladesh. It consolidates and amends the laws relating to stamps. Some key points:
- It defines various terms related to stamps and stamped instruments such as "bill of exchange", "bond", "conveyance", "duly stamped", and others.
- It outlines the liability of various instruments to stamp duty and how the duties should be paid, including through adhesive stamps.
- It provides provisions around stamping instruments in Bangladesh or outside of Bangladesh, valuation of instruments for duty, and who is responsible for paying duties.
- It establishes provisions for adjudication of proper stamps, treatment of instruments not duly stamped, and allowance for spoiled stamps
Cash contribution ≥ ₹ 50,000 but < ₹ 1 lakh ₹ 1,000
(c) Cash contribution ≥ ₹ 1 lakh ₹ 2,000
1) The Maharashtra Stamp Act applies to instruments specified in Schedule I of the Act within the state of Maharashtra. Stamp duty is charged on instruments, not transactions.
2) Stamp duty rates are provided in Schedule I and vary based on the type of instrument and consideration amount. Key instruments discussed include conveyances, leases, mortgages, gifts, and agreements.
3) Instruments must be properly stamped before or at execution. Understamped instruments may be impounded and penalties applied
Documents of which registration is compulsoryYasir Hayat
Documents relating to gifts of immovable property, non-testamentary instruments that create or transfer rights to immovable property valued over 100 rupees, and leases of immovable property for over one year or reserving rent are among the documents that must be registered under Section 17 of the Indian Registration Act. If these types of documents relating to immovable property are not registered, they cannot be used to prove ownership and will not be admissible as evidence in court. The effect of not registering a compulsory registrable document is that it cannot affect any rights to immovable property.
The document discusses various legal aspects related to immovable property transactions in India. It defines immovable property under different acts and discusses the process of property registration. It summarizes key points like documents that require compulsory registration, effects of non-registration, purpose of registration, title investigation process and various legal checks that are important in property transactions.
The Indian Stamp Act of 1899 is a fiscal statute that lays out laws relating to tax levied in the form of stamps on financial instruments. The Act specifies that stamp duties on certain documents like bills of exchange are levied by the Union, while duties on other documents are levied by States. Both the Union and States have legislative power over provisions other than duty rates. A Standing Committee of State Secretaries was formed to discuss issues relating to registration and stamps. Amendments to some provisions of the 1899 Act were being considered, and a draft of proposed amendments was circulated for comments.
Document of which registration is optionalYasir Hayat
The document discusses documents for which registration is optional under Indian law. It notes that Section 17 and 18 of the Registration Act specify documents that must and may be registered. Documents that do not need to be registered include wills, powers of attorney, agreements to sell, agreements for partition, tenancy agreements under one year, promissory notes, agreements of mortgage, deeds of adoption, simple contracts, and releases. While not required, parties have the option to register such documents, though failure to register does not invalidate them or affect their admissibility as evidence.
Ca lecture stamp duty registration final mumbai 90930Vaishali Jhaveri
Stamp Duty and Registration – Law & procedural aspects provides an overview of stamp duty laws and procedures in India. The key points are:
1) Stamp duty is a tax paid to the government on legal documents like agreements and registrations. The amount paid depends on the type and value of the property.
2) Stamp duty must be paid in full and on time to avoid penalties. A properly stamped document has evidentiary value in courts.
3) There are different types of stamps for different uses like share transfers, insurance policies, and notarizations. Stamp duty can also be paid via stamp paper or franking machines.
4) The timing of payment, penalties for delays, persons responsible for payment,
The document discusses the Registration Act of 1908 in India. It explains that registration involves officially recording documents with the government to establish legal rights and prevent fraud. There are two main categories of registrable documents: those requiring compulsory registration like gifts of immovable property and those allowing optional registration. Unregistered documents affecting land ownership cannot be used in legal proceedings, but there are some exceptions like cases involving contracts for specific performance. The objectives of registration are to inform people of property rights and obligations, preserve important documents, and ensure proper records are kept.
The document is an amendment bill to further amend the Benami Transactions (Prohibition) Act of 1988 in India. Some key points:
- It proposes to substitute new definitions for terms like "benami property", "benami transaction", and establishes new authorities like the Adjudicating Authority and Appellate Tribunal.
- It prohibits benami transactions initiated after the date of commencement of this amendment act and introduces penal provisions.
- It also substitutes sections regarding confiscation of benami property and prohibits re-transfer of such property.
- New chapters are inserted establishing the Adjudicating Authority, its composition, powers, and terms of office of members.
Taxmann's Benami Black Money & Money Laundering LawsTaxmann
Taxmann’s Benami, Black Money & Money Laundering Laws provides a compilation of annotated, amended & updated on the following Laws:
• Prohibition of Benami Property Transactions Act, 1988 with Rules, Schemes & Notifications
• Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 with Rules, Challans, Instructions and Circulars & Notifications
• Prevention of Money-laundering Act, 2002 with Rules & Notifications
• Fugitive Economic Offenders Act, 2018 with Rules, Regulations & Notifications
This book aims to provides a complete and thorough understanding of the statutory portion of the Benami and Black Money Laws.
The Present Publication is the Latest Edition, as amended by the Finance Act 2021.
This document describes the step by step process of registering a property in India. Whether one buys property from an individual or from a real estate developer, sticking to the property registration process will make sure that property titles are free and clear and are legally assigned in buyer's name.
The document compares amendments proposed by the Indian government to the Benami Transactions (Prohibition) Amendment Bill of 2015. Key proposed amendments include narrowing the definition of benami transactions, exempting certain property transfers where stamp duty was paid, and allowing authorized representatives during adjudication proceedings. The Standing Committee on Finance had recommended some of these amendments, including qualifications for the Appellate Tribunal Chairperson. The Committee also suggested addressing unaccounted wealth through income tax laws and digitizing land records instead of a separate benami law.
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Preliminary decree for partition (article)arjun randhir
1. A preliminary decree in a partition suit only decides the rights and shares of the parties. Equities are adjusted in the final decree after considering a tentative partition scheme.
2. For agricultural lands assessed to revenue, the civil court only declares parties' shares and the authority concerned effects the actual partition by boundaries.
3. Where a preliminary decree relates to agricultural land, the court directs partition to be made by the Collector according to the rights declared and provisions of Section 54 of the Code of Civil Procedure.
Under the registration act, certain documents must be registered, such as instruments of gift, non-testamentary instruments, instruments relating to receipts, and lease deeds. If a document requiring compulsory registration is not registered, it has no evidentiary value in court and cannot be used to prove title to immovable property. While unregistered documents are generally inadmissible as evidence, they can be used for collateral purposes or to prove handwriting. For a document to be affected by non-registration, it must be one that is compulsory to register, and it must indeed have not been registered as required under the law.
Types of stamps and some concepts of stamp dutyshweta malpani
The document discusses stamp duty in India, including:
- Stamp duty is a tax on certain legal documents, which can be either fixed or variable based on value.
- The Constitution allocates stamp duties on certain documents to the Union, while states retain proceeds of other duties.
- Stamp duty revenue goes primarily to the state government, with some going to the Union for non-commercial instruments.
- Types of stamps include impressed, adhesive, judicial, and non-judicial stamps. Duty can be paid through purchasing stamps or paying cash.
The document discusses the concepts of immediate indefeasibility and deferred indefeasibility under Section 340 of the National Land Code (NLC) of Malaysia. It summarizes several key court cases that have interpreted Section 340 differently, coming to conflicting conclusions on whether it provides for immediate or deferred indefeasibility. The most recent Federal Court case in 2010, Tan Ying Hong v Tan Sian Sang, applied the concept of deferred indefeasibility and declined to follow the earlier 2001 Federal Court decision in Boonsom Boonyanit v Adorna Properties, which had established the precedent of immediate indefeasibility.
Optional registration of documents under the registration act, 1908IshaKhalid3
The document discusses optional registration of documents under the Registration Act of 1908 in India. It states that Section 18 of the Act specifies documents for which registration is not mandatory but is optional. These include wills, powers of attorney, agreements to sell, agreements for partition, leases less than one year, promissory notes, deeds of adoption, and court decrees involving immovable property valued at less than 100 rupees. The document provides examples to support that registration of these documents is at the discretion of the involved parties and a lack of registration does not affect their validity or ability to be submitted as evidence.
This short document promotes the creation of Haiku Deck presentations on SlideShare by stating it provides inspiration. It encourages the reader to get started making their own Haiku Deck presentation by clicking a button labeled "GET STARTED".
The Stamp Act imposed taxes on printed materials in the American colonies in 1765, which led to protests from colonists who believed in the principle of "no taxation without representation" and did not have elected representatives in the British Parliament making the laws. Colonists were unhappy to be taxed by the British government on items like legal documents, newspapers, almanacs, dice, and playing cards without having any say in the process.
The document discusses the Coastal Regulation Zone (CRZ) notification in India, which aims to regulate development activities near the coastline to preserve the coastal environment. It outlines the goals and classifications of the CRZ. The CRZ is divided into four categories - CRZ-I covers ecologically sensitive areas, CRZ-II includes urban areas, CRZ-III comprises rural areas, and CRZ-IV covers islands. The notification provides guidelines for permissible activities in each category while protecting coastal ecosystems and livelihoods.
The Stamp Act was a tax passed by the British Parliament in 1765 that required American colonists to pay a tax on all printed materials such as newspapers, magazines, and legal documents. The colonists strongly opposed this tax because they were not represented in Parliament and felt it was "taxation without representation". As a result, the colonists organized protests, boycotted British goods, and intimidated tax collectors. Ultimately, the Stamp Act was repealed in 1766 due to colonial opposition.
This document provides an overview of Real Property Gains Tax (RPGT) in Malaysia. Some key points:
- RPGT is a tax on capital gains from the disposal of real property in Malaysia, including residential/commercial properties and land. The tax is computed based on the difference between the disposal price and acquisition price.
- RPGT rates range from 0-10% depending on the holding period, with longer holding periods subject to lower rates.
- Various exemptions are available, including for gains below RM10,000 and disposal of a private residence.
- The acquisition date generally coincides with the disposal date between parties. Losses can be carried forward indefinitely except for shares in real property companies.
National Company Law Tribunal Rules, 2016Rajiv Bajaj
The document outlines rules for the National Company Law Appellate Tribunal (NCLAT) in India. Key points:
- It defines terms related to NCLAT such as "appeal", "authorised representative", and establishes the tribunal's location in New Delhi.
- It outlines procedures for filing appeals and other documents, including formatting requirements and number of copies. Appeals must be filed in English or include an English translation.
- It describes the powers and duties of the Registrar, including registering appeals and other filings, and returning incomplete documents.
- It discusses preparation of the daily cause list, listing of cases, and other administrative functions of the tribunal.
National Company Law Appellate Tribunal Rules, 2016CS Prince Kumar
The document outlines rules for the National Company Law Appellate Tribunal (NCLAT) in India. Key points:
- It establishes definitions, procedures, and forms for filing appeals to the NCLAT regarding company law matters.
- The Registrar will have custody of NCLAT records and powers like registering appeals. The Chairperson can delegate some Registrar functions.
- Appeals must follow specified formatting and be filed in triplicate with fees. Causes will be listed in order of priority like cases for orders.
- Interlocutory applications must use Form NCLAT-2. Translations require certification. Defective filings can be returned for correction.
The document outlines rules for the National Company Law Appellate Tribunal (NCLAT) in India. Some key points:
- It defines terms related to NCLAT such as "appeal", "authorised representative", and "party".
- It specifies the location of NCLAT headquarters, sitting hours, and procedures for listing cases.
- It describes the powers and functions of the Registrar, including registering appeals and receiving applications.
- It provides guidance on filing appeals, including formatting requirements and addressing for service. Appeals must be filed in triplicate in the prescribed form.
LAND LAW 1 slides registration of dealings 2014xareejx
This document discusses key aspects of the Torrens land registration system in Malaysia. It defines dealings under the system, outlines the types of dealings that can be registered (transfers, leases, charges, easements), and specifies that no title or interest is created until registration. It also describes the process of registering dealings, including using the proper instrument, entering details in the presentation book, and making a memorial on the register document of title. Finally, it discusses when the registrar can register or reject instruments and make corrections to titles.
The document discusses the classification and handling of legal cases by the Indian Audit and Accounts Department (IA&AD). It outlines various types of legal cases like arbitration petitions, civil appeals, contempt petitions, criminal appeals, election petitions, and others. It then provides details on specific cases dealt with by IA&AD field offices related to accounts, entitlements, pensions, provident funds and court cases related to audits. Finally, it lists instructions for handling legal cases, including general guidelines, procedures for court matters, and handling legal references.
National Company Law Appellate Tribunal Rules, 2016GAURAV KR SHARMA
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
1) It defines terms related to tribunal procedures and outlines rules for sitting hours, filing documents, and instituting proceedings.
2) It describes the functions of the President, Registrar and Secretary, including the President overseeing operations and the Registrar handling registrations and applications.
3) It provides details on how to file appeals,
National Company Law Appellate Tribunal Rules, 2016Rajiv Bajaj
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
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2) It provides details on instituting proceedings, the format for petitions and appeals, and requirements for addresses for service.
3) The document aims to establish a framework for administrative and procedural rules to govern operations
This material is for PGPSE / CSE students of AFTERSCHOOOL. PGPSE / CSE are free online programme - open for all - free for all - to promote entrepreneurship and social entrepreneurship PGPSE is for those who want to transform the world. It is different from MBA, BBA, CFA, CA,CS,ICWA and other traditional programmes. It is based on self certification and based on self learning and guidance by mentors. It is for those who want to be entrepreneurs and social changers. Let us work together. Our basic idea is that KNOWLEDGE IS FREE & AND SHARE IT WITH THE WORLD
The document discusses the salient features of notarial law and the 2004 Rules on Notarial Practice, including the duties and responsibilities of notaries public, requirements for obtaining and renewing a notarial commission, prohibited acts for notaries, and cases related to notarial violations. It provides an overview of the legal framework for notarial practice in the Philippines.
The case involved a petition to disqualify former President Estrada from running for mayor due to his prior plunder conviction. The Supreme Court ruled that the pardon granted to Estrada by former President Arroyo was absolute and restored his right to seek public office. The Court noted that a presidential pardon cannot be limited by legislative action and that Estrada's pardon was complete and unambiguous based on its wording. Thus, the COMELEC did not commit grave abuse of discretion in allowing Estrada's candidacy. The petition for disqualification was dismissed.
The document discusses rules related to the transfer of land registry (pokkuvaravu) in Kerala. Some key points:
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2. It is done in situations like voluntary land transfers, court decrees, successions, and transfers of possession for over 12 years.
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This document outlines the rules and procedures for transferring land registry (known as "Pokkuvaravu") in Kerala. It discusses:
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2. The process for transferring land registry, which involves application, inquiry, form preparation, approval, and record updates. It must be completed within 15 days.
3. Situations where transfer can occur without documents, such as succession, civil death, and adverse possession over 12 years.
4. The seven stages of the Pokkuvaravu process and elements of conducting inquiries.
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Everything about POKKUVARAVU IN KERALA - KeralaTransfer of Registry Rules 1966 PPT for Kerala Land revenue officers from T James joseph adhikaram Kottayam.
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The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
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Written while pursuing the NUJS MA in Business Laws (http://startup.nujs.edu/). It often so happens that an agreement or conveyance or any other document is improperly stamped and not in compliance with the Indian Stamp Act, 1958, or any of the State stamp legislations. This article discusses the provisions relating to such documents and the different ways such stamping requirements could be complied with and rectified.
1. The document discusses the process of transfer of registry (land records) according to the Transfer of Registry Rules 1966. It outlines the key responsibilities of village officers in conducting the transfer of registry or "pokkuvaravu" process.
2. A pokkuvaravu is done to determine the landholder responsible for paying land tax and can be initiated by an application, request from the sub-registrar's office, or sua sponte by the village officer. It seeks to match legal ownership with possession but does not determine legal title.
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Similar to mcrhrd registration act and stamp act final 120515 (1) (20)
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1. Allowing registration anywhere instead of only with the local jurisdiction registrar to provide more convenience and choice.
2. Sending SMS alerts to inform citizens about document status and timelines to remove dependency on middlemen and increase registrar responsibility.
3. Allowing citizens to enter data at home instead of at the registrar's office to improve accuracy, reduce time spent and workload.
4. Selling stamp papers at post offices instead of only through vendors to increase availability and prevent overcharging.
5. Providing pending document details online to enable comprehensive
The document discusses innovations in the Registration and Stamps department in Telangana State. Some key innovations mentioned include:
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4) The document examines how Andhra Pradesh could also start collecting stamp duty on stock market transactions by clarifying the applicability of existing laws or amending articles.
2. constitution
VII Schedule - List III – Concurrent list
Entry 6 –Transfer of Property other than agricultural land;
registration of deeds and documents.
RegistrationAct, 1908 is in the concurrent list so both the
Central and State legislation got the competence to make the
laws on the subject.
3. Scheme of the Act
Divided into 15 parts
Total 93 sections
States have framed their own Rules to govern the Act
Certain States have Standing Orders to further clarify and guide
the Staff & Officers in implementation
4. SALIENT FEATURES
Offshoot ofT.P.Act.
Intended to give notice to the world
Preservation of record for eternity
Certain copies are public record
Arrest the frauds in matters of real estate & banking
transactions
5. Brief history of the Act
RegistrationAct, 1864 (Act XVI of 1864)
Act III of 1877
The present Act XVI of 1908 – its preamble
“An Act to consolidate the enactments relating to the Registration
of Documents – Whereas it is expedient to consolidate the
enactment relating to the registration of documents; it is hereby
enacted as follows:”
6. Short title, extent and commencement
(1)ThisAct may be called the RegistrationAct, 1908.
(2) It extends to the whole of India, except the State of Jammu
and Kashmir:
Provided that the State Government may exclude any districts or
tracts of country from its operation.
(3) It shall come into force on the first day of January, 1909.
* Indian – was omitted by the Registration (Amendment) Act,
1969.
7. Important Parts & Sections
Section 2 – Definitions
Part II – Registration Establishment (S.3 to 16)
Part III – Registerable Documents.
S.17 - Documents of which registration
compulsory
S.18 - Documents of which registration
optional
S.19 – Documents in language not understood by Registering
Officer
S.20 – Documents containing interlineations, blanks, erasures, or
alterations
9. Part IV –Time of presentation
S 23 to 27.
Within four months from date of execution.
With fine it may be extended to a maximum of another 4
months (S.25 &34).
Docts executed out of India – within 4 months from date of first
receipt in India.(S 26)
Wills may be presented or deposited at any time (S.27)
10. PartV – Place of registration
Relating to land – jurisdiction registrar/S.R (S 28)
Other documents – Any SR/Registrar (S 29)
Registration by Registrar (S 30)
Registration/acceptance at private residence (S 31)
Anywhere registration within the district – as an experiment
being implemented inVizag District.
11. PartVI - Presentation
Persons competent – Executant/Claimant/Attested Power of
Attorney Agent (S.32)
Compulsory affixing of photograph and thumb impressions –
sale deeds – all the buyers and vendors; and other documents –
presentent (S.32A)
Power recognizable u/S.32 – Attested by SR/Registrar in case
the principal resides in India where this Act is in force
Magistrate – the parts of India where the Act is not force
Notary/Consul/ViceConsul – Outside India. (S.33)
12. Enquiry before registration – S.34 & 35
Limited enquiry powers
Enquire
a) whether it was executed by person who purports
to execute.
b) satisfy regarding identity of the person appeared
as executant
c) representative/agent/assign if appeared then to
verify his right to appear
13. Refuse in case – i) denial of execution by executant
ii) executant appears to be minor,
idiot or lunatic;
iii) executant is dead and his
representative or assign denies
its execution. (S.35)
14. Enforcing appearance of executants
and witnesses
S.36 – Procedure where appearance of executant or witness is
desired
S.37 – Officer or Court to issue and cause service of summons.
S.38 – Persons exempt from appearance at registration office –
i) bodily infirm persons;
ii) persons in jail under civil or criminal
process; or
iii) persons exempt by law from personal
appearance - the registering officer shall go to house; or to
the jail.
S.39 – Law as to summonses, commissions and witnesses
15. Persons entitled to present wills and
authorities to adopt (S.40)
Testator; or
after his death any person claiming as executor or otherwise
under a will
16. Registration & Deposit of wills
Will enquiry (S. 41)
Deposit of will in sealed cover (S.42)
Procedure on deposit of wills (S.43)
Withdrawal of sealed cover deposited (S.44)
Procedure on death of depositor (S.45) – copy in book-3 and
redeposit the original will.
17. Part IX – Effects of Registration and
Non-Registration
Registered document operates from the date of execution
(S.47)
Priority over oral agreements (S.48)
Compulsory registrerable documents if not registered –
a) will not affect any immovable property
b)be received as evidence of any
transaction affecting such property (S 49)
18. Proviso empowering the unregistered
documents to be taken as evidence
Provided that an unregistered document affecting immovable
property and required by this Act, or the T.P Act, 1882 to be
registered may be received as evidence of contract in a suit for
specific performance under the Specific Relief Act, 1877 or as
evidence of part performance of a contract for the purposes of
Section 53A of T.P.Act, 1882 or as evidence of any collateral
transaction not required to be effected by registered
instrument (S.49)
19. Books (S 51)/Indexes (S 55)
Book I non-testamentary documents relating to immovable
properties
Book 2 Refusal to register
Book 3 wills and authorities to adopt
Book 4 Miscellaneous register
Book 5 (Register of Deposit of wills)
Indexes (S.55) I, II, III and IV.
20. Public record
Allow inspection of records, books and indexes by the public
(S.57)
Particulars to be endorsed on documents admitted to
registration (s.58)
Endorsements to be dated and signed by Registering Officer
Certificate of Registration (s. 60)
Endorsements and certificates to be copies and document
returned (S.61)
21. Part XI A – Registration of documents
by means of electronic devices
S.70-A to S.70-C – CARD project – statutory backing
22. Refusal/application/appeal
Reasons for refusal to be recorded (s.71)
Appeal to Registrar on the grounds other than denial of
execution (S.72)
Application to Registrar on the ground of denial of execution
(S.73)
Procedure and orders of Registrar (S.74,75 and 76)
Suit in case of order of refusal by Registrar (S.77)
23. Fee for regn, searches and copies
Fee to be fixed by the State Government (S.78)
Publication of fee (S.79)
Fees payable on presentation (S.80)
Recovery of deficit registration fee (S.80-A)
24. penalties
Penalty for incorrectly endorsing, copying, translating or
registering documents with intent to injure (S.81)
Penalty for making false statements, delivering false copies or
translation, false personation and abetment (S.82)
Registering officer may commence prosecution (S.83)
Registering Officers to be deemed public servants (S.84)
25. INDIAN STAMP ACT, 1899
Constitution – entries. It appears in Central List, State List and concurrent list.
Entry 44 of List III of Schedule VII of Indian Constitution – Stamp duties other
than duties or fees collected by means of judicial stamps, but not including
rates of stamp duty
Entry 63 of List II of Schedule VII of Indian Constitution – Rates of stamp duty in
respect of documents other than those specified in the provisions of List I with
regard to rates of stamp duty.
Entry 91 of List I of Schedule VII of Indian Constitution – Rates of stamp duty in
respect of bills of exchange, promissory notes, bills of lading, letters of credit,
policies of insurance, transfer of shares, debentures, proxies and receipts.
Fiscal Act.
Interpretation must be strict and according to the language
Revenue generation as well as to arrest the frauds
26. SCHEME OFTHE ACT
8 Chapters and 78 Sections
States Like Maharashtra, Karnataka have their own Acts.
Many States have their own Schedule to cover other than 10
items covered under List I
We do not have State StampAct, we are following Indian
StampAct. But we have added Schedule IA for the instruments
other than the 10 listed in the List I.
Taxation law – direct or indirect
27. Charging sections
S. 3 – Date of execution.
S. 4 – several instruments used to complete one transaction
S.5 – Instruments relating to distinct matters
S.6 – Instruments coming under several descriptions.
S.9 – Powers to reduce the stamp duty in government
28. Stamps and the mode of using them
S.10 – duties how to be paid
S.10A – payment of duty in cash
S.11 – Use of adhesive stamps
S.12 – cancellation of adhesive stamps
S.13 – stamped with impressed stamps
S.14 – Only one instrument to be on same stamp
S.16 – denoting duty.
29. Time of stamping of instruments.
Executed in India – Before or at the time of execution of
Instrument.(S.17)
Outside India – within 3 months from the date of first receipt in
India.(S.18)
Outside A.P. – Differential duty within 3 months from the date
of first receipt in A.P.(S.19A)
30. S.27 – Facts affecting duty to be set forth in instrument
S.29 – Duties by whom payable.
S.31 – Adjudication as to proper stamp duty
S.32 – Certificate of Collector
31. Inadmissible in evidence
Impounding (S.33)
Instruments not duly stamped inadmissible in evidence (S 35).
Proviso prescribes 10 times penalty;
S.38 – Instruments impounded how dealt with
Collector’s power to stamp impounded instrument (S.40)
32. S.41 empowers to collect the deficit stamp duty without any
penalty within one year.
S.41A empowers to collect the deficit duty from the parties
after registration.
S.42 – endorsement on instruments on which duty has been
paid under Sections 35, 40, 41 or 41A
S.45 – Power to CCRA to refund penalty or excess duty in
certain cases.
S. 47A empowers determination of market value by the
Collector
33. S. 48 – recovery through coercive process
S.49 to 55 – refund of stamp duty in certain cases
S.56 – Control of CCRA – decisions of the CCRA
S.57 – CCRA may refer the cases to High Court
34. Criminal offences and procedure
S.62 – Penalty for executing instrument not duly stamped
S.63 – Penalty for failure to cancel adhesive stamp
S.64 – Penalty for omission to comply with provisions of Section
27.
S.64A – Recovery of amount of deficit stamp duty
S.70 – Institution and conduct of prosecution.
S.73 – Books etc. to be kept open for inspection – public offices
audit by officers
35. www.registrationacts.in
To get immediate information on the matters relating to
Registration, Stamp, marriages, firms and societies in
Telangana andAndhra Pradesh States refer above site
www.registration.telangana.gov.in