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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);

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Part – IVA

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BENGALURU, FRIDAY 21, NOVEMBER, 2025 ( KARTHIKA , 30, SHAKAVARSHA, 1947)

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No. 749

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(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 with

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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 by

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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 the

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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.

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(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 his

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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.

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(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 of

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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 Inspector

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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 of

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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.

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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)

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

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Date: 2025.11.21 17:51:54 +05'30'