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

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Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(ii)(iii)(iv)Part II: Detail of title (survey entry, provisional title record, conclusivetitle record), ownership and status thereofPart III: Details of transfer of the immovable property and pasttransactions, and details and status of interests over the immovableproperty.Part IV: Disputes pertaining to the immovable property pending with theTribunal or the Appellate Tribunal.(c) such other particulars as may be prescribed .(3) All persons are deemed to have notice of every entry in the register of titles.(4) Subject to the provisions of this Act, all documents, acts or transaction registered underthis Act relating to immovable property shall take effect against unregistered documents,acts or transactions.38. Operation and Maintenance of the register of titles(1) The particulars of existence of any rights over any immovable property as provided insection37 (2) shall be recorded in the register of titles, in the manner prescribed .(2) The method of operation and maintenance of the register of titles shall be prescribed39. Rectification of entries in register of titles(1) A person may make an application to the Registrar in the manner prescribed seekingdirection for minor rectification of the register of titles limited to correctingadministrative or procedural errors or omissions such as spelling mistakes.(2) government may frame rules to make provisions for the manner in which Registrar shallrectify the register of titles in the above situations.40. Duty of careThe Authority shall take all reasonable care to prepare and maintain the register of titlesas provided under the Act and the rules so as to accurately and completely reflect theownership and title to every immovable property, and such other rights or interests insuch immovable property.41. Conclusive nature of entries relating to title in the register of titles 10The conclusive title record shall be conclusive proof of title to the immovable propertysubject to the interests registered in the register of titles in respect of the immovable10 Note to Draft: Whether during the pendency of disputes, the erstwhile conclusive title would be converted into provisional title?28
Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Onlyproperty and subject to unregistered interests not compulsorily registrable, including thefollowing:(a)(b)(c)(d)(e)license or a leasehold interest not compulsorily registrable;any other interest in the immovable property not compulsorily registrable underthis Act and not registered under this Act.statutory charges over the immovable property;mines and minerals; orright of a person in actual possession of the immovable propertyProvided that no title shall be registered and recorded as a conclusive title record inrespect of the immovable property which is the subject matter of dispute pending beforethe Tribunal or Appellate Tribunal and registered in the register of titles i .Provided further that the entry made in the register of titles shall have the effect from thedate of making application to the Registrar.42. Dispute resolution for titles entered in the register of titles(1) Any dispute involving question of law or fact or a mixed question of law and fact,pertaining to an entry in the register of titles, shall be instituted in the Tribunal.(2) All the disputes with respect to the immovable property in a notified area initiated beforeany civil courts or High Court in the National Capital Territory of Delhi in the originaljurisdiction, prior to the notification of the area shall be transferred to the Tribunal foradjudication in the manner prescribed. Further, all the disputes with respect to theimmovable property in a notified area initiated before the High Court in the NationalCapital Territory of Delhi in the appellate jurisdiction, prior to the notification of the areashall be transferred to the Appellate Tribunal for adjudication in the manner prescribed 11 .CHAPTER VIIIREGISTRATION OF DISPUTES43. Record of pending disputes in the register of titles11 Note to Draft: The disputes relating to immovable properties may be pending before the civil courtsoutside the State of Delhi. It is to be discussed as to how such cases shall be transferred to theTribunal/Appellate and be registered with the registry.29
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Strictly Private and Confidential Draft for discussion purposes ... - Delhi

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