These rules may be called the Karnataka Registration (Refusal and Cancellation of Registered Documents) Rules, 2025

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨Ás U À – 4ಎ 21 , 2025 ( , 30, , ೧೯೪7) . 749 Part – IVA BENGALURU, FRIDAY 21, NOVEMBER, 2025 ( KARTHIKA , 30, SHAKAVARSHA, 1947) No. 749 GOVERNMENT OF KARNATAKA No: RD/42/MNMU/2022 (P-2) Karnataka Government Secretariat, Multi-storied Building, Dr. B.R.Ambedkar Veedhi, Bangalore, dated:21 -11-2025

NOTIFICATION The draft of the Karnataka Registration (Refusal and Cancellation of Registered Documents) Rules 2025, which the Inspector General of Registration and Commissioner of Stamps for the State of Karnataka with the approval of the State Government proposes to make in exercise of the powers conferred by section 69 of the Registration Act, 1908 (Central Act XVI of 1908), read with section 23 of the Karnataka General clauses Act, 1899 (Karnataka Act III of 1899) is hereby published as required by section 23 of the Karnataka General clauses Act, 1899 for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after the expiry of fifteen days from the date of its publication in official gazette.

Any objections or suggestions, may be received by the state government from any person with respect to the said draft before the expiry of the period specified above, will be considered by the State Government. Objections or suggestions may be addressed to the Principal Secretary to the Government, Revenue Department (Stamp and Registration and Disaster Management), 6th floor, M.S.building, Dr. B.R Ambedkar Veedhi, Bengaluru 560001.

DRAFT RULES

1. Title and commencement.- (1) These rules may be called the Karnataka Registration (Refusal and Cancellation of Registered Documents) Rules, 2025.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires,-

(a) “Act” means the Registration Act, 1908 (Central Act XVI of 1908);

(1)2

(b) “Cancellation” means cancelling the registration of a document under

section 22C;

(c) “Section” means section of the Act; and

(d) “State Government” means Government of Karnataka.

(2) Words and expressions used in these rules but not defined shall have the same meaning as assigned to them in the Act and the Karnataka Registration Rules, 1965.

3. Refusal to register a document under section 22-B.- The Registering Officer shall refuse to register a document under section 22-B (1), if,-

(1) he has reason to believe, to be recorded in writing, that the document is a forged document on the face of it, or,

(2) where documents are electronically stored in a database maintained by a competent authority which has been integrated with the registration software system through an electronic integration and the said database fails to

confirm the authenticity of the document through such an integration:

Provided that, any document electronically obtained from the lawful custodian through integration with the respective database shall be deemed to be true for the purposes of these provisions; or

(3) the authenticity of identity of the executing parties cannot be verified based on the Identity Document as prescribed by notification by the State Government for the purposes of the Act.

4. Refusal to register a document under section 22-B (2).- (1) The Registering Officer shall refuse to register a document relating to transactions prohibited by any Central Act or State Act. The State Government shall notify a list of the types of documents relating to transactions prohibited by any Central Act or State Act for the purposes of section 22-B (2).

(2) For the purposes of refusal of registration, transactions shall only be considered prohibited if they are expressly notified in the Official Gazette.

(3) Register of Prohibited Transactions,-

(a) The Inspector General of Registration shall maintain a centralised and integrated electronic database called the Register of Prohibited Transactions containing the list of the types of documents relating to transactions thus notified.

(b) The register shall be accessible to all registering officers for verification purposes prior to the registration of any document.

(4) Verification by the Registering Officer:

(a) Before registering a document, the registering officer shall verify the Register of Prohibited Transactions to establish whether the document falls within any notified prohibition.

(b) If any electronic database of a document sought to be registered is maintained by a competent authority which has been integrated with3 the registration software system wherein the registration is based on the documents electronically fetched from such a database then it shall be the duty of the authority maintaining the database to flag and electronically communicate if registration of such a document is prohibited by any Central Law or State Law for the time being in force.

Thereupon the said communication shall be sufficient ground to reject the registration citing the reason for the refusal by the Registering Officer.

(c) If the document relates to a prohibited transaction, the registering officer shall refuse registration under section 22-B (2) and record reasons in writing for such refusal, as provided by section 71 and the rules made thereunder.

5. Reasons for refusal to register a document under section 22-B (3).- (1) A registering officer shall refuse to register any document relating to the transfer of immovable property where such property is subject to an order of permanent or provisional attachment,-

(a) issued by a Court or Tribunal, or

(b) issued by a Competent Authority duly notified by the State Government.

(2) Court or Tribunal Orders,-

(a) Every Court or Tribunal which passes an order of permanent or provisional attachment of immovable property shall, forward a certified copy of such order to the registering officer having jurisdiction over the property including electronic transmission wherever enabled.

(b) On receipt of such an attachment order of the court or tribunal, the registering officer shall enter the details in the Register of attachments maintained under this rule including electronically whenever so enabled.

(c) The registering officer shall refuse to register any document relating to the property so attached until a certified order of the Court or Tribunal vacating or modifying the attachment is received.

(d) Where an order of attachment is stayed, modified, or vacated by any higher judicial authority, a certified copy of such order, as communicated to the registering officer, shall be updated to the Register of Attached Properties accordingly.

(3) Competent Authority Orders,-

(a) The State Government shall, by notification, specify the competent authorities. The orders of these authorities shall be binding on all registering officers.

(b) Every competent authority so notified shall communicate attachment orders to the registering officer in the manner and form specified by4 the Inspector General of Registration, including electronic transmission.

(c) Each communication must contain sufficient details of the property attached, including the survey and sub-division numbers or Khata number, boundaries, extent, village, hobli, taluk, district and the duration of the attachment in the case of provisional orders.

(4) Register of Attachments,-

(a) The Inspector General of Registration shall maintain a centralised, integrated electronic database called the Register of attachments, containing all orders communicated under this rule.

(b) The register shall be accessible to all registering officers for verification purposes prior to the registration of any document relating to the transfer of immovable property.

(c) Before registering a document relating to the transfer of immovable property, the registering officer shall verify the integrated electronic database to check whether the property is subject to any attachment

order entered in the Register. This verification may be done electronically by the Registration Software System whenever so enabled.

(d) If the property is found to be subject to an attachment order, the registering officer shall refuse registration under section 22-B (3) and record reasons in writing for such refusal.

(5) Miscellaneous,-

(a) Under section 22-B (3), the registering officer shall only act upon orders of attachment issued by competent authorities notified by the State Government or a Court or a Tribunal.

(b) For the purposes of refusing registration under this rule, only permanent or provisional attachment orders issued by the competent authorities notified in the Official Gazette or a Court or a Tribunal shall be taken into account.

6. Reasons for refusal to register a document under section 22-B (4).- (1) The State Government may, by notification in the Official Gazette from time to time, specify documents that shall be refused to registration.

(2) Without limiting the scope of sub-rule (1), documents that may be specified under sub-rule (1) include, but are not limited to, any document:

(a) Where the State Government has, by notification, integrated the electronic registration software with any departmental database or software (including, but not limited to, revenue land records or rural or urban property or land records), and the particulars of the property or transaction presented for registration cannot be retrieved from, verified or matched with the notified database or software, the registering officer shall refuse to register the5 document unless the document is presented in the form it is prescribed to be presented.

(b) which is presented without the mandatory approvals, records, clearances, certificates, permissions or authorisations required under any law, rules, or notification for time being in force for effecting the transaction.

7. Reasons for refusal to register to be recorded.- (1) Where a registering officer refuses to register a document under section 22-B the reasons for such refusal shall be recorded in Book No. 2 in accordance with the provisions of section 71 of the Act and the rules made thereunder.

(2) A copy of the reasons shall be provided free of charge and without undue delay to the person executing the document or claiming under it, in accordance with the provisions of the Act.

8. Appeal.- (1) Any person aggrieved by an order of refusal under section 22- B may file an appeal in accordance with the procedure laid down under Chapter XXV of the Karnataka Registration Rules, 1965.

(2) The form of the appeal, the time limit for filing, and the procedure for disposal shall be in accordance with sections 72, 73 and 74 and the rules made thereunder.

(3) When disposing of the appeal, the appellate authority shall record reasons in writing and communicate the order to the relevant parties in accordance with the procedure prescribed under sections 75 and 76 of the Act and the rules made thereunder.

(4) The fee payable for such appeals shall be as per the Karnataka Registration Rules, 1965 and the table of fees thereof.

(5) Any person aggrieved by an order under this rule may file an appeal under

section 77 and the rules made thereunder.

9. Cancellation of registered documents under section 22-C.- (1) The District Registrar may, either on a complaint from an aggrieved person or on his own motion, initiate proceedings to cancel a registered document if he is satisfied that such registration was made in contravention of section 22-B.

(2) For the purposes of this rule, the District Registrar shall only enquire into whether the registration process of the document is in contravention of the provisions of section 22-B of the Act and rules 3, 4, 5 and 6 of these rules.

10. Procedure when the District Registrar takes suo motu cognizance of violation of section 22-B to cancel a registered document.- (1) The District Registrar may, on his own motion, initiate proceedings where it appears prima facie that a document has been registered in contravention of the provisions of section 22-B.6

(2) Where the District Registrar takes suo motu cognisance of violation of

section 22-B to cancel a registered document, he shall conduct a summary enquiry and record the following details, namely:-

(a) Parties to the registration;

(b) Details of the registered document and property in question;

(c) Summary enquiry and his findings; and

(d) Decision of the summary enquiry.

11. Procedure for an aggrieved person to file an application for cancellation of a registered document.- (1) An application for the cancellation of a registered document under section 22-C of the Act and rule 9 of these rules shall be filed by an aggrieved person through the online registration software, subject to the following conditions, namely:-

(a) it must be submitted in the prescribed electronic form, in accordance with these rules;

(b) it must contain all the details required by the online registration software;

(c) it must be accompanied by the prescribed fee;

(d) it must be accompanied by the documents specified in sub-rule (3) ; and

(e) it must comply with any other requirements prescribed under the Karnataka Registration Rules, 1965.

(2) The following persons may file an application under this rule,-

(a) in cases falling under section 22-B (1), any person whose interests are affected by the registration of a forged document.

(b) in cases falling under section 22-B (2), the authorised officer representing the authority under any Central Act or State Act whose law prohibits such transactions as notified, and, in cases relating to government property, any member of the general public;

(c) in cases falling under section 22-B (3), the authorised officer representing the competent authority that has provisionally or permanently attached the property.

(3) Every application under this rule must be accompanied with the following documents, namely:-

(a) a copy of the registered document to be cancelled or its registration number, generated by the online registration software;

(b) a valid identity card of the applicant, as notified by the State Government for the purposes of the Act including but not limited to an Aadhaar card issued by the Unique Identification Authority of India, a Permanent Account Number issued by the Income Tax Department, or any other document notified by the State Government;

(c) an affidavit sworn by the applicant, as provided in Schedule-I, affirming his status as an aggrieved person and, to the best of his7 knowledge, disclosing whether any civil suit or proceeding concerning the property, transaction or cancellation of the document is pending before any court or authority.

(d) supporting documents, as applicable, substantiating that the registration was made in contravention of section 22-B, namely:-

(i) in cases under section 22-B (1), an order from a competent court declaring the document to be forged or a certified copy of the relevant record issued by the lawful custodian including copy issued from the electronic database;

(ii) in cases under section 22-B (2), a copy of the relevant provision of the Central Act or State Act under which the transaction is prohibited, together with supporting material evidencing such a contravention; and

(iii)in cases under section 22-B (3), a copy of the notice or order of attachment issued by the competent authority or court, together with evidence of the continuance of such attachment.

12. Determination of fees for cancellation of registered document.- The fee payable for an application under section 22-C shall be calculated at a rate of one percent of the stamp duty paid on the registered document as per Schedule of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) subject to a minimum of one thousand rupees and a maximum of ten thousand rupees.

13. Ground for rejection of application.-The District Registrar may reject an application under section 22-C if, despite notice, the applicant fails to provide sufficient supporting documents or information to prove a violation of Section 22- B.

14. Service of notice and processes issued by the District Registrar.- (1) Where an application is admitted, a show cause notice shall be sent to the executants, all the parties to the document in question, and all parties to any subsequent documents registered in relation to the same property. A notice shall also be sent to any other persons who, in the opinion of the District Registrar, may be affected by the cancellation of the document in question.

(2) Such notice shall be served by registered post with acknowledgement due, informing them of the date, time and place of the enquiry. Provided that the notice may also be served by affixture on the last known residential address of the person and, in case of the immovable property, on the said immovable property with respect to which the cancellation of registered deed is under enquiry.

(3) A clear period of not less than fifteen days shall be given between the date of service of the notice and the date of the enquiry.8

(4) Where no reply is received from the relevant parties within the time period specified in sub-rule (3), the District Registrar shall issue a final notice providing an additional period of fifteen days from the date of receipt thereof for submission of their response.

(5) If any party fails to appear on the date fixed for the enquiry, the District Registrar shall provide an alternative date of enquiry before proceeding ex parte.

(6) Every order, notice or other process issued under these rules shall be served in the manner specified in sub-rule (1), and shall be deemed to have been duly served if communicated by registered post with acknowledgement due.

Explanation: For the purposes of interpretation of service, enquiry and evidence under these rules, the provisions of the Code of Civil Procedure, 1908 and the Bharatiya Sakshya Adhiniyam, 2023(Central Act 47 of 2023) shall, so far as may be, apply.

15. Filing of reply and other documents by respondent.-(1) Each respondent must file their reply to the application, along with supporting documents, if any, within fifteen days from the date of service of notice.

(2) Upon receiving the reply to the application, the District Registrar shall provide an acknowledgment of receipt to the respondent.

(3) Any additional documents submitted after the initial filing and before the hearing must be approved in writing by the District Registrar.

16. Date and place of hearing to be notified.- (1) The District Registrar shall notify the parties the date and the place of hearing of the application, in the manner as determined by him.

(2) The hearing may be conducted physically or online, as considered appropriate.

(3) Proceedings before the District Registrar shall be conducted as expeditiously as possible and every endeavour shall be made to dispose of the application within ninety days of its admission.

17. Power to summon or call for the production of documents.- (1) The District Registrar may call for the relevant registration records, including Book and Index extracts, and software logs, from the concerned Registering Officer, in order to verify facts relevant to compliance with section 22-B.

(2) The examination conducted by the District Registrar shall be limited to verification of the existence of material relevant to arrive at the violation of section 22-B.

(3) Where the production of any document, record or other evidence is considered necessary to determine whether there was violation of section 22-B at the time of9 registration, the District Registrar shall require the relevant document issuing authority to furnish such documentary evidence.

(4) No personal appearance of any party or person shall ordinarily be required other than that of the contesting parties. The enquiry shall be conducted on the basis of the documentary evidence so furnished.

(5) Only in cases where the required documentary evidence cannot be reasonably furnished by the document issuing authority, or where such authority fails to furnish the same despite request, the District Registrar may, for reasons to be recorded in writing, summon the relevant document issuing authority to appear in person or through a duly authorised representative at a specified time and place.

(6) Any summons issued under this rule shall be served upon the relevant document issuing authority in the manner prescribed under rule 14.

18. Action on aggrieved person’s default to appear.- (1) If, on the date fixed for hearing of the application or on any other date to which such hearing may be adjourned, the aggrieved person does not appear either himself or through an authorized representative, when the application is called for hearing, the District Registrar may, in his discretion, dismiss the application for default or hear and decide it on its merits in accordance with rule 10.

(2) If an application is dismissed for default and the aggrieved person files an application within thirty days from the date of dismissal and satisfies the District Registrar that there was sufficient cause for his non-appearance when the application was called for hearing, the District Registrar may issue an order setting aside the order dismissing the application and restore the same. Where the case was disposed of on merits, the decision shall not be reopened except by way of appeal.

19. Order to be signed and dated.- (1) Every order issued by the District Registrar shall be in writing and signed at the time of pronouncing the order.

(2) The sub-registrar is responsible for endorsing the order and cancelling the document in the same class, register book or index. This is done by recording a note at the foot of the copy of the document, in accordance with the order of the District Registrar.

20. Appeal.-(1) An appeal under section 22-D shall be presented in writing to the Inspector General of Registration, accompanied by a copy of the cancellation

order appealed against:

Provided that when the order of cancellation is issued online through the software the copy may be produced from the software itself which the Inspector General of Registraion shall verify himself from the software.

(a) If an application is dismissed for default, the aggrieved person may submit an application within thirty days from the date of dismissal. If the person shows sufficient cause for not appearing at the time of hearing, the Inspector10 General of Registration shall set aside the dismissal and restore the application.

(b) If the document is in the possession of a person other than the Appellant and they request time to obtain and produce it, or request the issue of a summons for its production, such request may be granted and the appeal admitted pending receipt of the document.

Explanation: In this rule, “Appellant” shall also include the appellant’s agent or advocate, subject to rule 176 of the Karnataka Registration Rules, 1965.

21. Procedure for disposal of appeal.- (1) On the presentation of an appeal to the Inspector General of Registration under section 22-D, a date shall be fixed for the hearing of the appeal,-

(2) Such a date shall be notified to the relevant parties and published on the notice board of the Inspector General of Registration’s Office. The notice of the date fixed for hearing shall be served by the Registered Post with Acknowledgment Due to the last known address of the person. If the same is returned unserved or otherwise the notice in case of documents of registration of the immovable property, the notice may be served by affixture on the same immovable property.

(3) Within seven days from the date of publication under sub-rule (2), the appellant shall pay the prescribed process fee for serving notice on the respondent(s) and, if necessary, for issuing summons to obtain documentary evidence.

(4) The Inspector General of Registration may extend the time for such payment, as set out under sub-rule (3), from time to time, on being shown sufficient cause.

(5) If, on the date of the hearing the Inspector General of Registration may proceed with the appeal if the notices have been served even if one or more parties fail to turn up. The party who has been served a notice but fails to turn-up may be set ex-parte by the Inspector General of Registration and decide the appeal on facts and merit of the case.

(6) When deciding the appeal, the Inspector General of Registration may,-

(a) peruse or inspect documents, public records, or copies thereof;

(b) inquire through authorised officers for further details or facts;

(c) hear the District Registrar from whose order the appeal arose; and

(d) receive evidence on affidavits from the persons who may have evidence to give.

(7) An order cancelling registration under this rule shall be recorded in the same class or register book or index by recording a note at the foot of the copy of11 the document, in accordance with the order of the Inspector General of Registration.

(8) The Inspector General of Registration shall notify the appellant in writing of his decision and the reasons for it, duly authenticated by the District Registrar

or any other officer authorised by the Inspector General of Registration:

Provided that, the orders may be issued and signed in electronic form.

(9) An appeal filed with the Inspector General of Registration shall be heard as expeditiously as possible, and every endeavour shall be made to dispose of the appeal within a period of ninety days from the date of its admission.

22. Limitation Period and application for condoning delay in filing an application for the cancellation of registration or appeal.- (1) Where an application under section 22-C is submitted, the District Registrar may admit the application if registration challenged is prima facie in violation of section 22-B

provided that application is filed within three years from the date of registration of the document.

(2) Where the delay in filing an application under section 22-C exceeds three years from the date of registration of the document, the power to condone such delay, for sufficient cause, shall vest exclusively with the Inspector General of Registration.

(3) The principles laid down under Explanation of section 22-C (b) and the provisions of the Limitation Act, 1963, (Central Act 36 of 1963) in so far as applicable, shall guide the decision to condone delay under this rule.

23. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against the registering officer or any person acting under this Act or rules for anything which is done or intended to be done in good faith under this Act or the rules made thereunder.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 12 Schedule I (See rule 11) Affidavit to be submitted under rule 11 I, _____, aged about_______, residing at_____________, do hereby solemnly affirm and

state as follows that:

1. I am the applicant in the present matter and am competent to swear to this affidavit.

2. I affirm my status as an aggrieved person in respect of the subject matter.

3. To the best of my knowledge, information and belief, no civil suit or proceeding concerning the cancellation of the document in question is pending before any Court or authority.

4. The statements made hereinabove are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

IDENTIFIED BY DEPONENT VERIFIED AT ___ DATE ____ By Order and in the name of the Governor of Karnataka, (S.Sunitha) Under Secretary to Government Revenue Department (Stamps and Registration) [ ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು