Saturday, March 16, 2013

Documents which are re-registerable? Or when the question of re-registration arises?

Section-23A of the Registration Act(1908) says about those documents which are re-registerable. Under this section, when a document requiring registration has been presented or submitted by a person not duly empowered to do same (here empowerment means authorization or power of attorney) and registered there to.

when such re-registration has to be challenged?

From the date of being awarded or informed and within four months.
 

By whom it can be challenged?

Any person claiming under such document:
1. Duly empowered person,
2. Persons having power of attorney,
3. Receipiant of the document and
4. His legal heirs.

In the case of "Abdul Hakim" [PLD 1965 Azad J & K], it was stated that,
"document registered at wrong place, may be registered at the right place at any time-no limitation for re-registration"

it was also established,
"document validly presented for registration within 4 months of execution must be registered"

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