Strictly Private and Confidential Draft for discussion purposes ... - Delhi

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(4) The registration fees in respect of the documents required to be registered pursuant tosection 26 (1) above, and the fees in respect of registering the acts and transactionvoluntarily registrable under section 26 sub-section (2) above, shall be as prescribed. 7 .27. Duty to apply for registration(1) If the requirement of registration applies under this Act, then application for registrationshall be made before the end of the prescribed period for registration to the LandRegistration Office within whose jurisdiction the immovable property is situated in themanner and the time prescribed .(2) The keeping of register of titles and the administration of immovable propertyregistration matters shall fall within the jurisdiction of the Land Registration Office of thearea where the immovable property in question is located. Provided that separate registerof titles shall be kept for each divisions and sub-division of Delhi.28. Effect of Registration, Non-Registration(1) Upon registration of transfer of ownership over immovable property under this Chapter,the person in whose favour the transfer is effected , shall subject to provisions of section41 and other provisions of this Act, be registered and recorded with the same title as heldby the person so transferring the ownership of the immovable property at the time of theregistration.(2) Notwithstanding any thing to the contrary provided in any other law, no documentcreating, assigning, declaring, limiting, varying or extinguishing any interest relating toimmovable property compulsorily required to be registered under section 26 sub-section(1) or (3) shall if not registered as required in this Act (a) affect any immovable propertycomprised therein; (b) confer any power to adopt; or (c) be received as evidence of anytransaction affecting such immovable property or conferring such power.8Provided that an unregistered document affecting immovable property and required bythis Act or the Transfer of Property Act, 1882, to be registered, may be received asevidence of a contract in a suit for specific performance under Chapter II of the SpecificRelief Act, 1877 or as evidence of any collateral transaction not required to be effectedby registered instrument.29. Keeping of Registers in electronic form(1) All registers to be maintained by the Authority, shall be maintained in electronic form, inthe manner and subject to safeguards provided in the regulations.7 Note to Draft: The applicable fees for registration of deeds and documents should be coterminous withexisting charges for registration under the Registration Act, 1908. Similar fees should also prescribed forrecording of deeds and documents pursuant to section 26 (2).8Note to Draft: The consequences of non-registration of any interest relating to immovable propertycompulsorily required to be registered under section 26 conferred under other laws in force needs to bediscussed.24