SUB REGISTRAR OFFICE,

PARASSALA , THIRUVANANTHAPURAM

(PERIOD OF INTERNSHIP-27/02/2023 to 21/03/2023)

 INTRODUCTION

Registration Department is one of the oldest department in the state and it

touches citizens at all levels at some time or other. The main objective of law of
registration is to provide a conclusive proof of genuineness of document, afford
publicity to transaction, prevent fraud. afford facility for ascertaining whether a
property has already been transacted and afford security of title deeds and
facility of providing titles in case the original deeds are lost or destroyed.
Registration department at present is the third largest source of revenue to the
state exchequer, the first two being sales tax and excise. Registration law
governs documents rather than transactions. deal with recording and preserving
evidentiary matters relating to contracts, status, testamentary dispositions, etc.,
of individual citizens, like marriages, legitimations, adoptions, documents
relating to contractual obligations, issue of Birth & Death Certificates after the
implementation of Birth & Death Act, 1969, property transactions, Firms, Wills,
Succession deeds, Societies, appointment of Notaries and similar. The
Departmental work deals principally with the formal aspects of the transactions
and creates or registers records with the special duty to permanently preserve
the same for making authentic certified copies there from in future.
 ORGANIZATIONAL STRUCTURE

Central Office

The Office of the Inspector General of Registration is the Central Office of the
Department. The Inspector General of Registration is the Head of Department.
The Joint Inspector General of Registration, Administrative Officer, Finance
Officer, Law Officer Assistant Inspector General of Registration (Chit
Schemes) Assistant Inspector General of Registration (Administration) and
Deputy Inspector General of Registration(Licensing), head the eleven sections
in the Central Office and assist the Inspector General of Registration

Zonal Level

The Department is divided into four zones under the control of each Deputy
Inspector General of Registration.

1.South Zone: Thiruvananthapuram, Kollam and Pathanamthitta Districts.

Head Quarters Thiruvananthapuram.

2.South Central Zone: Ernakulam, Kottayam, Idukki and Alappuzha Districts.

Head Quarters Ernakulam

3. North Central zone: Trichur, Palakkad and Malappuram Districts. Head

Quarters Thrissur.

4.North zone: Kozhikode, Kannur Wayanad and Kasargod Districts. Head

Quarters Kozhikode.

District Level

There are 14 District Registrars (General) and 10 District Registrars (Audit).

District Administration is done by the District Registrar (General) and auditing
of Sub Registrar Offices are done by District Registrar(Audit).
GOVERNING STATUTES OF REGISTRATION DEPARTMENT

o The Registration Act, 1908

o The Registration Rules (Kerala), 1958
o The Registration Filing of true copies Rules,1967
o The Kerala Stamp act, 1959 1959
o The Kerala Stamp Rules, 1960
o The Indian Stamp Act, 1899
o The Indian Stamp (Kerala) Rules, 1958
o The Special Marriage Act, 1954
o The Special Marriage Rules, 1958
o The Kerala Chitties Act, 1975
o The Kerala Chitties Rules, 1975
o Societies Registration Act,
o Travancore-Cochin Literary, Scientific and Charitable Societies
Registration Act, 1955
o The Kerala Non-Trading Companies Act, 1961
o The Kerala Non-Trading Companies Regulations, 1968

Offices of Registrar and Sub-Registrar

The primary function of the Sub Registrar is to register documents relating to

property transactions and collect proper stamp duty and registration fee.

1. The State Government shall establish in every district and office to be

styled the office of the Registrar and in every sub-district an office or
offices to be styled the office of the Sub- Registrar or the offices of the
Joint Sub-Registrars.
2. The State Government may amalgamate with any office of a Registrar
any office of a Sub- Registrar subordinate to such Registrar, and may
 authorize any Sub-Registrar whose office has been so amalgamated to
exercise and perform, in addition to his own powers and duties, all or any
of the powers and duties of the Registrar to whom he is subordinate:

PROVIDED that no such authorization shall enable a Sub-Registrar to hear an

appeal against an order passed by himself under this Act. It Is common
knowledge that you have to go to the sub-registrar's office in the area concerned
to get your property registered. The primary functions of sub-registrars are to
register property transaction related documents and collect stamp duty and
registration charges to discharge this duty. But, you may not be aware that the
sub-registrar's office can reject your application for property registration for a
wide variety of reasons, something that can entirely jeopardise your plans to
offload an asset in your time of need. The sub-registrar is basically empowered
by the law to reject an application for property registration, based on legal
shortcomings in transaction. Legally, the buyer cannot become the legal owner
of a property in India, until the transaction is duly registered in your name, as
provided under the Registration Act, 1908 and the Transfer of Property Act,
1982. To complete the process, the buyer and the seller, along with two
witnesses, have to approach the sub- registrar's office in the area concerned, at
an appointed time.

Registering Officer: Powers and Duties

The duties of registering officer (district registrar) have been provided under
sections 52 to 62 of the Registration Act, 1908. These sections are contained in
Part XI of the said Act. Now, we will discuss some powers and duties of the
registrar;

1. Duty to endorse

The registrar has to endorse (to check/to verify) the date, place, and signature of
the person who is presenting the document at the time of presenting before the
registrar registers the document. Such registration shall be endorsed on every
such document. If there is any mistake in the document presented before the
registrar, then the officer will reject the document and advise the person to
modify the typography errors and re-submit them. Here, the registering officer
is not empowered to verify or disclose the contents in the document presented
before him for registration.

2. Power to examine a person

The registering officer is authorized to cross-check the name of the person as

mentioned in the

document. The registrar can analyse whether the signature mentioned in the
document is true or not.

3. Duty to give a receipt

The registrar is bound to give the receipt for such a document registered. The
registrar has to verify the document and then accept it and provide the receipt to
the person who presented the document before the officer.

4.Duty to keep a copy of the presented documents

The registrar must keep a copy of the document which has been given to the
person for registration. Also, the registrar has to keep a copy of the
document in the appropriate book of the registration of documents.

5. Duty to authenticate the document

The officer has to authenticate the book of records under the supervision and
guidance of the Inspector General. The registrar is bound to maintain the book
and update it regularly.

6. Power to verify the document

The officer is bound to check the validity of the document presented before
him/her for its registration. If any mistake is found in the document by the
registrar then he is authorized to seize that document and check its credibility of
that document.

7. Power to seize the document

When the person comes toward the officer for the purpose of registration of a
document, then the officer has the power to verify the credibility of such
document presented before him. If the officer found any mistake in such a
document then he is authorized to refuse to register the document.

8. Signature and thumb impression

The document presented before the officer for registration, the document must
be duly signed by the person who is proposing it before the registrar If the
person is illiterate, then the thumb impression must be given on the document.

9. Duty to issue a certified copy

The officer has to give a certified copy of the document registered in his/her
office to the person who is presenting that document before the registrar for the
registration.

10. Duty in case of an unknown language

When the document presented before the officer for the registration of the
document is in a strange or unknown language to the officer then the officer has
to ask the person to submit the translated document in the language known to
the officer. If the language of the document is unknown to the officer then the
registration of the document will be rejected.

11. Certificate of registration

The registrar has to confirm that the certificate of registration contains the word
registered document with other information like date and place of registration
and with the registration number and page of the authenticated book in which
the document has been registered.

12. Certificate to be signed by the registering officer

When all the documents submitted by the person for their registration before the
registrar are verified then the officer has to provide a duly signed certificate by
the officer to the person who presented it.

13. Duty to return registered documents

When the document registration process is completed then the officer has to
return all the necessary documents to the person or any nominated person who
presented them for their registration.

14. Power to seize certificate

If any forgery document was provided by the person before the officer then the
registering officer has been empowered to seize the documents

The method of study was purely empirical as well as functional in nature.

o Analysing the objectives and functions of Office of Sub-registrar

o Analysing and understanding various services Sub-registrar
o Witnessing the procedures and functioning of Sub-registrar.
o Having detail discussion with the expert people.
o Conducting a deep research on the relative statutes, rules and orders
PURPOSE OF VISIT

Following were the objectives for our visit to the office of Sub Registrar:-

o To understand the Administrative Structure of Sub-registrar.

o To understand the Services offered by the Office of Sub-registrar

o To see the functioning of the various activities relating to Sub-registrar

o To study the duties of Sub-registrar

o To study powers of Sub-registrar

 CONCLUSION

The main objective of law of registration is to provide a conclusive proof of

genuineness of document, afford publicity to transaction, prevent fraud, afford
facility for ascertaining whether a property has already been transacted and
afford security of title deeds and facility of providing titles in case the original
deeds are lost or destroyed. Registration law governs documents rather than
transactions. deal with recording and preserving evidentiary matters relating to
contracts, status, testamentary dispositions, etc., of individual citizens, like
marriages, legitimations, adoptions, documents relating to contractual
obligations, issue of Birth & Death Certificates after the implementation of
Birth & Death Act, 1969, property transactions, Firms, Wills, Succession deeds,
Societies, appointment of Notaries and similar. The primary functions of sub-
registrars are to register property transaction related documents and collect
stamp duty and registration charges to discharge this duty. The sub-registrar is
basically empowered by the law to reject an application for property
registration, based on legal shortcomings in transaction. Legally, the buyer
cannot become the legal owner of a property in India, until the transaction is
duly registered in your name, as provided under the Registration Act, 1908 and
the Transfer of Property Act, 1982.

As a part of the academic works each and every student pursuing Unitary three
Year LLB should take part in compulsory internship program of 2 weeks. So I
opted the Sub- registrar Office, Parassala, to do my internship. For this purpose,
I went to his Office, and met the Sub Registrar and shared my intention, without
any delay he gave me permission to work under his supervision for 14 days. I
got an opportunity to know about the procedural aspects of the organisational
functioning.