- The registrar does not guarantee the real owner even after taking lakhs of tax
Mumbai: You booked a ticket 4 months ago to go to the family village by waiting in line for hours and you board the train on the scheduled day and find that someone is already sitting in your seat. On telling you, he either quietly vacates the seat himself or the ticket inspector gets the seat vacated and gives it to you and you can travel happily. Just imagine that the person did not vacate the seat on your request. You request the ticket inspector to take your seat. What will happen to you when the ticket invigilator tells you, “I cannot help you in this matter, you should have come early and sit in your seat. The job of the railways is only to make reservations, not to get the seats vacated and to make them available.” Don’t panic! Railways has not changed any rules. Indian Railways is still committed to give you a seat by charging a reservation fee of Rs 20 per person.
Still, you can bear the shock of not getting a seat, but after getting the property registered for you with the government registrar of the house you bought with your life savings, you will come to know that from whom you bought the property. Yes, he is not its real owner. There is another man sitting there. That is, that property is in someone else’s name. In such a situation, when you go to the registrar to ask for the rights to your property and he says that the person who sold you the property is its real owner or not, it is not the job of the department to investigate, for justice you can approach the court. If you can knock on the door, then you may get such a shock that you fall down after gasping. This major loophole in the real estate law gives impetus to fraudsters and unnecessarily compel the honest customers who are victims of fraud in property deals to go to the courts unnecessarily.
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The registrar’s job is not only to register, verify the ownership
After duly registering the property by paying the stamp duty of lakhs of rupees, if you think that you have bought it from the real owner of the property and now you have become its real owner, then your assumption is wrong, because the registrar’s The job is only to register the deal and agreement, not to verify its ownership. This was revealed when social activist S. P. Sharma has given the status information related to all the registered properties located at Shivaji Park, Gokhale Road North, Dadar (W) Mumbai, from the office of the District Registrar Class 1 (U.S.), Old Custom House, Mumbai City. Was asked After calling for the report from Sah Duyyam Registrar Class 2 and Sah Duyyam Registrar Mumbai City No. 2, Sah District Registrar Class 1 (U.S.) has written in Marathi language at the end of his answer, its translation in simple Hindi for the information of the readers. Presented for-
- “As per Rule No. 44 of the Maharashtra Registration Act, 1961, the responsibility of checking the validity of the document rests with the Deputy Registrar and as per Rule 44(1), under an Act of the State Government or the Central Government, the Sub-Registrar of the above Act and Cannot reject any document filed for registration, except by a restraining order of the Court in compliance with the rules, but if one of the parties feels that he has been defrauded, he may appeal against it to a competent court Is.
- There is no provision in the rules of the Registration Act for the Deputy Registrar to verify whether the person transferring the property has ownership of the property. Therefore, while registering the transfer document of immovable property, the possession of that property is not verified by the office of the Deputy Registrar. According to Section 55 of the Transfer of Property Act, 1882, this responsibility lies with both the parties involved in the transaction. The competent court is responsible for adjudicating the disputes arising out of the ownership of the property.
What is the rationale for paying stamp duty of lakhs of rupees?
It is a matter of great regret and surprise that even after charging a higher stamp duty of 5% for the property transfer in the name of the buyer, the government does not guarantee that the person from whom he is buying the property is the same. is its real owner. By taking advantage of this big loophole in the law, any person can become the owner of any property and get the sale agreement registered and can cheat lakhs of crores. And there have been many such cases. The buyer does not get any relief from the registrar’s office in case of a dispute in the matter of ownership. The aggrieved person has to approach the court itself. In such a situation, the big question arises that when the submission and registration of documents in many departments of the government including the Registrar of Companies is done by paying a few hundred rupees, then the same purpose will be served by paying stamp duty of lakhs of rupees. What is the rationale for registering for fulfillment? Therefore, in the interest of home buyers, it is very important that the government should fix the responsibility of this department by amending the rules, so that the stamp duty is justified.
-s. P. Sharma, President, RITES
In addition to the heavy stamp duty of 5%, the buyer also has to pay a registration fee of 1% or a maximum of Rs 30 thousand and a separate scanning charge of Rs 20 per page. Even after paying lakhs of rupees, the customer has to wait for hours in the registrar’s office. Many offices do not even have basic facilities like seating and toilets. Not giving guarantee of property ownership even after taking heavy stamp duty is a violation of customer rights. Therefore, taking full accountability, the government should guarantee to the buyer that whatever property you are buying is justified. It is fully valid as per the Land Records and Property Title (Proprietorship) laws. If the government gives all this guarantee, then only it should charge 5% stamp duty, otherwise it should be closed and only registration fee should be charged.
-Shankar Thakkar, Mumbai President, Confederation of All India Traders