Grundbuch Indien Land Registry System in India property registry India

Grundbuch Indien / Land Registry System in India property registry India
Grundbuchamt Indien / Registrierungsämter für Dokumente und Urkunden

Gesetze in Bezug auf Immobilien
(click)

Grundbuchämter findet man mit dem Begriff "land registry office" plus den Namen der Stadt!
z.B. in den "gelben Seiten" = http://yellowpages.sulekha.com/mumbai/parties-special-occasions-wedding/registrar-offices/277.htm

Die zuständigen Grundbücher findet man auch indem man den Begriff "Land Registry Offices plus die Stadt / Bundesstaat" in den indischen google eingibt: https://www.google.co.in/
Man suche auch nach: "Settlement & Land Records" plus den jeweiligen Staat!

Auch mit dem Suchausdruck " Indian deed office" wird man fündig!

Infos über housing:
http://www.indiahousing.com/legal-aspects/land-registry.html

Von der indischen Regierug Infos über Grundbuchämter:
http://india.gov.in/topics/housing
und
http://india.gov.in/howdo/index.php

TRANSFER OF PROPERTY ACT = Eigentumsübertragungsgesetz
http://dolr.nic.in/Acts&Rules%5CTransferOfPropertyAct(1882).htm
Ausschnitte TPA

URBAN LAND (CEILING AND REGULATION) ACT, 1976
http://urbanindia.nic.in/legislations/sub_legis/ulcra_1976.pdf
Ausschnitt:

GOA
https://www.goa.gov.in/departments/settlementland.html

Aufbau des Grundbuchkörpers / Grundbuches in Indien

REGISTRATION ACT, 1908 = Grundbuchgesetz von Indien
http://dolr.nic.in/Acts&Rules/RegistrationAct(1908).htm

In Indien gilt Eintragungspflicht / Intabulierung bei öffentlichen Registrierungsämtern, die der State Government = Regierung der Bundesstaaten unterstehen!

Dokumente im Zusammenhang mit der Übertragung von unbeweglichem Eigentum müssen (per Gesetz verpflichtend!) registriert/eingetragen / Intabuliert werden!!!

Gesetzestext welche Dokuemnte obligatorisch registriert werden müssen und welche nicht, steht im Registration Act unter:
Ausschnitte:
PART III : OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory = eintragunspflichtige Rechte / Dokumente
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-

(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

12[(e) non-testamentary instruments transferring or assigning any decree or order of a court or any award
when such decree or order or award purports or operates to create, declare, assign, limit or extinguish,
whether in present or in future, any right, title or interest, whether vested or contingent, of the value of
one hundred rupees and upwards, to or in immovable property:]
PROVIDED that the State Government may, by order published in the Official Gazette, exempt from the
operation of this sub-section any leases executed in any district, or part of a district, the terms granted by
which do not exceed five years and the annual rent reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-

(i) any composition-deed; or

(ii) any instrument relating to shares in a joint Stock Company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged,
conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such company; or

(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or
interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating
a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish
any such right, title or interest; or

(vi) any decree or order of a court 13[except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding;]
or
(vii) any grant of immovable property by government; or
(viii) any instrument of partition made by a revenue-officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
(x) any order granting a loan under the Agriculturists Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or
14[(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such treasurer of any property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a civil orrevenue-officer.
15[Explanation: A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact
that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]

(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.

18. Documents of which registration is optional = unter 18 ist festgelegt, welche Dokumente man freiwillig registrieren kann:

19. Documents in language not understood by registering officer = Dokumente in nicht indischer Sprache - die der Registrar nicht versteht:

If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

21. Description of property and maps or plans = Beschreibung der Liegenschaft und der Katasterpläne und Baupläne

(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3) Other houses and land shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a government map or survey.

(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.

22. Description of houses and land by reference to government maps of surveys = Beschreibung der Liegenschaft mit Karten der staatlichen Landvermessung

(1) Where it is, in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a government map or survey, the State Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

PART IV : OF THE TIME OF PRESENTATION = Die Dauer bis zur Ausstellung
23. Time for presenting documents
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.

17[23A. Re-registration of certain documents
Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV, and all the provisions of
this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

PROVIDED that, within three months from the twelfth day of September, 1917, any person claiming undera document to which this section applies may present the same or cause the same to be presented for reregistration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

24. Documents executed by several persons at different times
Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.

25. Provision where delay in presentation is unavoidable
(1) If ,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 18[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

Unter Teil V - der Ort der Registrierung:
PART V :
OF THE PLACE OF REGISTRATION
............shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which
such document relates is situate.
Alle Dokumente, die unter Kapitel 17 und 18 erwähnt wurden, müssen bei einem "Sub-Registrar", in dem Distrikt / Bezirk in der sich die gesamte oder ein Teil der Liegenschaft befindet, registriert werden!

30. Registration by Registrars in certain cases
(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

31. Registration or acceptance for deposit at private residence
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit:
PROVIDED that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

unter
PART VI : OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration Except in the cases mentioned in 24[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office-

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
(b) by the representative or assignee of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.

unter
PART X : OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates
A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

58. Particulars to be endorsed on documents admitted to registration
(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely,-

(a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assignee or agent of any person, the signature and addition of such representative, assignee or agent;

(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and

(c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.

(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

59. Endorsements to be dated and signed by registering officer
The registering officer shall affix the date and his signature to all endorsements made under sections 52
and 58, relating to the same document and made in his presence on the same day.

60. Certificate of registration
(1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word "registered ", together with the number and page of the book in which the document has been copied.

(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsements referred to in section 59 have occurred as therein mentioned.

61. Endorsements and certificate to be copied and document returned
(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No.1.

(2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.

62. Procedure on presenting document in language unknown to registering officer

(1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office.
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and

66, the translation shall be treated as if it were the original.

63. Power to administer oaths and record of substances of statements
(1) Every registering officer may at his discretion administer an oath to any person examined by him under the provisions of this Act.

Pflichten des Registrars und Aufbau des Grundbuchkörpers / Grundbuches in Indien =
= PART XI : OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the register-books and indexes
51. Register books to be kept in the several offices

(1) The following books shall be kept in the several offices hereinafter named, namely:-

(A) In all registration offices
Book 1, "Register of non-testamentary documents relating to immovable property";
Book 2, "Record of reasons for refusal to register";
Book 3, "Register of wills and authorities to adopt"; and
Book 4, "Miscellaneous Register";

(B) In the offices of Registrar’s- Book 5, "Register of deposits of wills".
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17,18 and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.
(4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

52. Duties of registering officers when document presented
(1)
(a) The day, hour and place of presentation, and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;

(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and

(c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its
admission.

(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.

53. Entries to be numbered consecutively
All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.

54. Current indexes and entries therein
In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books, and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.

55. Indexes to be made by registering officers, and their contents
(1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No.I,-Index No.II, Index NO.III and Index No. IV.

(2) Index No.I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No.1.

(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same.

(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4.

(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector- General from time to time directs.

56. Copy of entries in Indexes
Nos.I, II and III to be sent by Sub-Registrar to Registrar and filed [Repealed by the Indian Registration (Amendment) Act, 1929]

57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries

(1) Subject to the previous payment of the fees payable in that behalf, the Book Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all times open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies.