1. Sub-Registrar’s Role in Verifying Ownership
When a sale deed is submitted for registration, the sub-registrar’s responsibility is to check basic documents such as the parent deed, Encumbrance Certificate (EC), and other original papers to ensure the seller has submitted the necessary documents. This initial verification, however, is focused more on document completeness rather than actual ownership verification.
2. Examining Proportion of Ownership
In situations involving joint ownership or partitioned land, the sub-registrar checks the partition deeds and assesses if the seller’s share aligns with what’s outlined in the sale deed. However, the sub-registrar’s examination is not a legal confirmation of full ownership rights.
3. Sub-Registrar Has No Legal Authority to Confirm Ownership
Despite reviewing documents, the sub-registrar is not legally authorized to verify land ownership. Their role is limited to ensuring that the paperwork for registration is in order. Any disputes or complexities related to ownership must be resolved through the courts.
4. Why Doesn’t the Law Require Ownership Verification?
The law does not mandate sub-registrars to verify ownership because it was developed during a time when land rights were tied to complex systems like Zamindari, land tenures, and estates. At that time, it was not feasible for sub-registrars to determine intricate ownership rights. The legal framework chose to leave ownership verification to the courts.
5. Historical Context of the Registration Law
The Registration Act was created during a period when land was primarily controlled by Zamindars and estate holders. The system was designed to facilitate property transfers rather than overburden sub-registrars with confirming complicated land ownership rights.
6. The Law Was Created in a Different Era
In the past, land tenure systems were highly complex, and sub-registrars lacked the capacity to fully understand or verify ownership rights. Consequently, the law tasked the sub-registrar with only registering documents, leaving the verification of ownership to the judiciary.
7. Courts, Not Sub-Registrars, Decide Ownership
Even in modern times, the sub-registrar’s role remains largely unchanged. Any disputes or challenges to land ownership must be settled in court. The sub-registrar’s involvement is restricted to the procedural aspect of registering deeds, and they cannot resolve ownership issues.
8. Times Have Changed, But the Law Hasn’t
Despite significant changes in property laws and the eradication of outdated systems like Zamindari, the Registration Act remains largely unchanged. Modern property dealings are more transparent, but the law still doesn’t require sub-registrars to verify land ownership before registering a document.
9. The Need for Legal Reform
There is a growing need for legal reform to reflect the changes in modern property transactions. Although administrative guidelines and circulars are issued to provide more structure, they are often challenged in court. Until the law is revised, sub-registrars will continue to register documents without verifying ownership in detail.
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