2. TO SPECIFY:-
1. NAME AND ADDRESS OF THE PARTIES
INVOLVE – SEC 208
2. DESCRIPTION AND PARTICULARS OF LAND –
SEC.209
3. TO ENSURE PARTIES HAVE POWER TO SIGN INSTRUMENT – SEC. 43
SIGNING OR AFFIXING HIS THUMBPRINT FOR INDIVIDUALS; OR
SEAL OF COMPANY ACCORDING TO COMPANY’S CONSTITUTION FOR
CORPORATION;
INSTRUMENT M/BE SIGNED BY AN ATTORNEY BY VIRTUE OF POWER OF
ATTORNEY.
SIGNATURE SHALL BE IN PERMANENT BLACK OR BLUE-BLACK INK – TENTH
SCHEDULE
4. EXECUTION OF ANY NATURAL PERSON NEEDS
TO BE ATTESTED BY ONE OF OFFICER IN THE
FIFTH SCHEDULE – SEC, 211
5. INSTRUMENT OF DEALINGS NEED TO BE
STAMPED – SEC. 294(1)(a) & STAMP ACT 1949
UNLESS EXEMPTED FROM STAMPING UNDER
ANY WRITTEN LAW BUT ENDORSEMENT HAS
TO BE MADE ON THE INSTRUMENT ITSELF BY
DEPUTY COLLECTOR OF STAMP DUTY
6. registrar shall note time of presentation – sec.
292(3)
instrument presented shall be accompanied by:
registration fee – sec. 293(1)(a)
idt – sec. 306(a)
other documents such as power of attorney
agreement, if ant – sec. 294
7. TO CHECK ON FITNESS OF INSTRUMENT
BEFORE REGISTRATION
8. IN PROPER INSTRUMENT OF DEALING;
INSTRUMENT IS SIGNED AND ATTESTED;
DEALINGS DOES NOT CONTRARY TO ANY
WRITTEN LAW OR RII;
INSTRUMENT IS DULY STAMPED;
ANNUAL RENT IS PAID – SEC. 301A
9. REGISTRAR SHALL SUSPEND AN INSTRUMENT FROM
REGISTRATION – SEC. 298(2)
REGISTRAR SHALL GIVE NOTICE TO AND TIME FOR THE
PERSON WHO PRESENTED THE INSTRUMENT TO COME AND
RECTIFY THE ERROR OR DEFECT. SEC. 298(3)
IF THE PERSON FAILED TO RECTIFY WITHIN SPECIFIED TIME,
INSTRUMENT WILL BE REJECTED AND RETURNED TO THE
PRESENTER – SEC. 298(4)
10. ANY PERSON WHO PRESENTED THE
INSTRUMENT CAN WITHDRAW THE
INSTRUMENT AT ANY TIME BEFORE
REGISTRATION AFFECTED.
11. REGISTRAR SHALL REGISTER INSTRUMENT.
WHAT CONSTITUTE REGISTRATION ? SEC.
304(2)
MAKE A MEMORIAL UNDER HIS HAND AND
SEAL ON THE RDT;
COMPLETE THE PART OF HEADING ON THE
INSTRUMENT ITSELF
12. Case: Mohd Buyong. – Transfer F14A was signed by A claimed to be Attorney
for B to transfer land to C. During presentation of transfer, an entry
(memorial) was made on register. It was bare entry and not signed by
Collector. After examination, Collector found out that the original title was
not enclosed and the P/A agreement was not signed. Entry on the register
was deleted. A claimed that registration was completed when an entry was
made on the register. Court held, registration is effected when memorial is
made on the RDT under the hand and seal of the registering authority.
13. Power of correction may be confined only to
errors or omission made by the registering
authority and not any other party
Case : Island Peninsular Development Bhd &
Anor.
