REGISTRATION OF DEED

Published By The Daily Star on August 18, 2012 (Link Above)

This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, ‘Legal Counsel’, which has expertise mainly in commercial law, corporate law, family law, employment and labor law, land law, banking law, constitutional law, criminal law, IPR and in conducting litigations before courts of different hierarchies. Our civil and criminal law experts from reputed law chambers will provide the legal summary advice.

Query
What is the proper procedure for deed registration? If Deed registrar refuses to registrar my deed what legal action I can take against him. In that case where can I go for registration?

Sagor Ahmed
Mohammadpur, Dhaka

Response
I would like to thank you very much for your queries. The Registration Act 1908 deals with the registration of various types of instruments. The 1908 Act has made it compulsory for registering certain documents and it has also made registration optional for some other documents. Non-registration of documents required to be so shall render such documents inoperative to create, declare, assign, limit or extinguish any right, title or interest in relation to the immovable property.

As far as procedure for registration is concerned, application has to be made before the Sub-Registrar within three months from the date of execution of such document. The document has to be presented along with the executor or by any of his agent or representative authorized by a duly executed Power of Attorney to that effect. If the delay of making the application does not exceed four months, the document may be registered by way of paying a fine not exceeding ten times of the registration fee.

Upon the receiving the application, the Sub-Registrar shall enquire as to whether such document has really been executed by the person purporting such execution and satisfy himself as to the identity of person appeared before him as the executor. In case where appropriate, the Sub-Registrar shall satisfy himself as to the right of any representative or agent to make such representation.

Where the Sub-Registrar refuses an application, he has to make an order to that effect and record his reasons in prescribed manner. An Appeal may be preferred against the order of the Sub-Registrar refusing registration within 30 days from such order before the Registrar. Where the Registrar orders for registration of the documents, it has to be duly presented for registration within 30 days of the Registrar’s order and the Sub-Registrar shall obey the same and accomplish registration within a practicable time.

However, where the Registrar refuses the appeal, it is possible to institute a suit for Decree directing such documents to be presented for registration within 30 days from the passing of such Decree at the civil court within whose jurisdiction the Sub-Registry office is situated.

I hope you will have answer to your queries from the aforesaid opinion.
For detailed query contact: omar@legalcounselbd.com.