Process to procure certified copy of a registered deed

There are several documents identified in section 17 of the Registration Act, 1908 which must be registered in the relevant sub-registry office to be enforceable and have legal effect, for instance, any non-testamentary instruments that purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immovable property or a Contract for Sale. Also, section 18 of the Registration Act, 1908 has made it optional to register any document which is not required to be registered under section 17.

Anyhow, once a document has been registered in the relevant sub-registry office, it has been kept on records to ensure authenticity and enforceability. Thereby, any interested person with sufficient details may search for a specific document in the relevant sub-registry office and verify the authenticity of the document. Moreover, it is possible to obtain a certified copy of a document duly registered under the Registration Act, 1908 in a sub-registry office.

It is one of the duties of the registering officers to allow inspection of certain books and indexes and to give certified copies of entries. Under section 57 of the Registration Act, 1908, subject to the previous payment of the required fees, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all-time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies. Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies, under section 57(2) of the 1908 Act. Similarly, under section 57(3) of the 1908 Act, subject to the same, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative. However, the requisite search and all copies given under this section for entries in Books Nos. 3 and 4 shall be made only by the registering officer.

In order to procure a certified copy of a registered document, the following process has been followed:

1. Finding a Deed Writer or Searcher:

Although any person can make applications for searching and obtaining a certified copy of a registered document, the Searchers and Deed Writers are commonly engaged to complete the procedure of searching and obtaining certified copies.

2. Search of Index:

An application can be made in accordance with section 108 of the Registration Rules, 2014 to make a search of index or to inspect a copy of any registered document in the following prescribed form no. 36. A search of Indexes or Inspection is important to ensure that the details of the registered document are correct and thereby, the certified copy of a registered document would be prepared based on the correct details.

Form of Application for Search of Indexes:

Form 36 - Registration Act - Application for Search and Inspection

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The above form needs to be duly filled in and submit before the relevant Sub-Registry Office (either in the Record Room of the District Registrar’s Office or in the Sub-Registry Office) with the required fees.

According to S.R.O No. 254-Law/2014 published by the Ministry of Law, Justice and  Parliamentary Affairs in pursuance of the provision of section 78 of the Registration Act, 1908, the Fees payable for searching the Indexes and inspecting the registers, etc., shall be as follows:-

(a) For Search-  For each entry of the name of person or property contained in and in respect of each document for which search of the Indexes of specified office is made.

(i) for one year .. .. .. .. .. Taka 20/-;
(ii) for more than one year- for the first year .. Taka 20/-; and
(iii) for every additional year .. .. Taka 15/-.

(b) Inspection- of a copy of each specified document in Register Book 1, 3 or 4 of each entry in any other Register or Book or of any specified document or of a paper in a file is Taka 10/-;

However, the abovementioned fees are subject to the following conditions-
(a) no fee for the search of Indexes of any one office in respect of any one name of person or property shall exceed taka 150/-;

(b) if any person applying for a particular entry of a particular year takes more notes than he is entitled to in terms of his application he shall pay taka 150/- less the fee already paid
thereon;

(c) no fee for search of Index shall be payable if the application for a copy of a document is accompanied by the original registered document or by a certified copy of it, or where the application for copy is made at the time of registration of a document;

(d) only one fee under article F(2) shall be charged on an application for the inspection of all or any of the papers in one record of a case under section 72, 73 and 74.

Moreover, it is also required that every application for the inspection of a registered document is preceded by the payment of the prescribed fee for search of Indexes, and every application for a certified copy of a registered document is, (subject to proviso (c) above), be preceded by the payment of the prescribed fee for search of the Index and inspection of Register Book. Also, every application for copy of any other document, entry,
or paper shall be preceded by the prescribed fee for inspection of the document, entry or paper.

3. Application for Certified Copy:

If the Search and Inspection with the necessary information of the registered documents confirm the details of the registered document, then an application in the following form needs to be submitted before the Record Keeper of the District Registry Office or the Sub-Registrar of the relevant Sub-Registry Office with the evidence of the payment of prescribed fees along with process (court) fee, stamp paper, and cartridge sheet.

The fee for making or granting copies of reasons, entries or documents, shall be as follows:-

(i) for every 100 words or part thereof in the vernacular
character … Taka 10/-;
(ii) for every 100 words or part thereof in the English
character … Taka 15/-.

If the copy needs to be prepared urgently, then an extra fee of taka 50/-, or if the copy exceeds four pages of 300 words each, an extra fee of taka 15/- for each page shall be paid.

Please note that if an applicant presents a printed or typed copy of a document already registered and applies to have it certified as a true copy of the same, the fee for comparing the same shall be half of the amount leviable under this article. Moreover, all applications for copies except those exempted from payment of fees shall be chargeable with a court-fee of taka 20/- only under the Court Fees Act, 1870 (VII of 1870).

Form of Application for Certified Copy:

Form 37 - Registration Act - Application for Certified Copy

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4. Delivery of Certified Copy:

Upon receiving the application for a certified copy of a registered document along with the required fees, the true copy of the document gets prepared on stamp paper, and read, compared, sealed, and signed by the required officials, and delivered to the applicant.