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Amendment plugs loophole in property registration rules, Real Estate News, ET RealEstate

Amendment plugs loophole in property registration rules, Real Estate News, ET RealEstate
THIRUVANANTHAPURAM: In a major amendment that has plugged a critical loophole in the property registration rules, the state government has made it mandatory to have the presence of both the buyer and the seller not only in registration, but also the cancellation of a deed.

The government has amended the Registration Rules (Kerala), 1958, to curtail the practice of unilateral cancellation of the sale and settlement deeds.

As per the Registration (Amendment) Rules (Kerala), 2021, that was notified on Friday, the government has inserted clause (viii) in the rule 30, that says that “no document relating to cancellation or revocation of conveyance on sale or settlement deed shall be accepted for registration unless such cancellation or revocation deed is executed by all the executant and claimant parties of the said conveyance on sale or settlement deed, as the case may be”.

The amendment has been made after it came to the notice of the government where some of the parties who executed such documents cancelled it without the knowledge of the other person involved, leading to legal complications. However, while making this amendment, the government has also clarified that this rule shall not apply to the cancellation or revocation of deeds that are executed by or on the order of a competent officer of the central or the state government or of a court of competent jurisdiction.

“There were several instances when the same property that was once registered in the name of another person, was cancelled without the knowledge of the recipient, and that then entered into numerous litigations. Once the property changes multiple hands, an illegal act at any point in the chain of transactions will adversely affect several innocent buyers and sellers. The change in the rules will curb such fraudulent tendencies,” registration department sources said.

The government has also made amendments to the rules to refund the fees to the citizens who have paid the fee for registration but cancelled the registration subsequently, through online mode. At present, the fee for registration of documents is being paid through e-payment. However, the refund of fee for documents that are not being registered after payment of requisite fee is processed manually.

It has now been decided through the amendment that the person seeking the refund should apply for refund of the same through the package for effective administration of registration laws (PEARL), which is the software for the registration of documents.


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Written by Realty Beat

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