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

Preliminary & TentativePrivileged & ConfidentialDraft For Discussion Purposes Only(ii) in the case of a mistake or omission, the person -(a)(b)(c)caused the mistake or omission;had knowledge of the mistake or omission at the time his namewas so entered in the register of titles; orhad, by his act or by lack of proper care, substantiallycontributed to the mistake or omission; or(iii) in the case of a void or voidable instrument, the person -(a)(b)(c)caused the instrument to be void or voidable, as the case may be;had knowledge that the instrument was void or voidable, as thecase may be, at the time his name was so entered in the registerof titles; orhad, by his act or by lack of proper care, substantiallycontributed to making the instrument void or voidable, as thecase may be.(3) The Registrar shall give effect to an order made under subsection (1) in accordance withorder passed by the Tribunal.(4) The Tribunal may make such order as to the costs of proceedings under this section as tothe Tribunal appears just.(5) Any costs of proceedings awarded against the Registrar in any proceedings under thissection shall be paid out of the Property Titles Indemnity Fund.(6) For the purpose of subsection (2), a person who is in receipt of rents or profits, or whohas the right to receive rents or profits, in respect of the registered immovable propertyshall be treated as being in possession of the immovable property.(7) Notwithstanding anything contained in the Limitation Act, 1963, no application for therectification of the register of titles may be made under this section after the end of theperiod of 10 years from the date on which the entry in the register of titles in questionwas obtained, made or omitted, as the case may be.CHAPTER XINDEMNIFICATION[54. Indemnity](1) Subject to this Chapter, after title has been registered and recorded as a conclusive titlerecord, where the Tribunal does not pass an order for rectification of the register of titlesas per section 53(2) above, a person suffering a direct loss by reason of an entry in, or anentry omitted from, the register of titles shall be entitled to be indemnified by theAuthority in respect of that loss, in accordance with the rules and in the mannerprescribed.36