Registration Act 1908
The Registration Act seeks to register various types of instruments to give them legal
enforceability. These include instruments of gifts of immovable property, other non-
testamentary instruments, and agreements of lease, for example. This article provides a
detailed account of the key elements of the Registration Act.
All documents are registered under the Registration Act, 1908. The Act extends to the whole of India except the state of Jammu and Kashmir. It came into force on the 1st day of January, 1909.
DOCUMENTS COMPULSORY FOR REGISTRATION
The following documents shall be registered
Nothing in clause (2) and (3) applies to
- Instruments of gifts of immovable property
- Other non-testamentary instruments ( Not falling under wills & inheritance category) which create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards
- Non testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right or interest; and
- Lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
- Non testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property.
- Any composition deed; or
- shares in a joint stock company; or
- any debentures issued by a company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property; or
- Any endorsement upon or transfer of any debenture issued by any such Company; or
- Any document not itself creating a right but merely creating a right to obtain another document which will when executed, create, declare assign, limit or extinguish any such right, title or interest; or
- Any decree or order of a court, except a decree or order expressed to be made on a compromise and compromising immovable property other than that which is the subject matter of the suit or proceeding; or
- Any grant of immovable property by the Government; or
- Any instrument of partition made by a Revenue-Officer; or
- Any order granting a loan or instrument of collateral security granted under the land Improvement Act, 1871 or the Land Improvement Loans Act, 1833; or
- Any order granting a loan under the Agriculturist Loans Act, 1884 or instrument for securing the repayment of loan made under that Act; or(xa) Any order made under the Charitable Endowment Act, 1890; or
- Any endorsement on a mortgage deed acknowledging the payment of the whole or any part of mortgage money and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
- Any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue Officer, Authorities to adopt a son, executed after 1st January, 1872 and not conferred by a will shall also be registered; or
- Authorities to adopt a son, executed after the first day of January, 1872, and not conferred by a will, shall be registered.
DOCUMENTS OF WHICH REGISTRATION IS OPTIONAL
Any of the following documents may be registered-
- Instruments (other than instruments of gifts and wills) which purport to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value less than one hundred rupees to or in immovable property;
- Instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right or interest;
- Leases of immovable property for any term not exceeding one year, and leases exempted under section 17;
- Instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, or a value less than one hundred rupees, to or in immovable property;
- Wills; and
- All other documents not required to be compulsorily registered.
TIME LIMITATION FOR REGISTRATION
- All documents to be registered must be presented within four months from the date of its execution
- A copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it became final.
- Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.
DELAY IN PRESENTATION
- If owing to urgent necessity or unavoidable accident, any document executed or copy of a decree or order made, in India is not presented for registration in time and the the delay in presentation does not exceed four months the registrar may direct that on payment of fine the document be accepted for registration.
- The fine payable shall not exceed ten times the amount of the proper registration fees.
- The application for the same has to be made to the Sub- Registrar, who shall forward it to the Registrar.
- A will may at any time be presented for registration.
PLACE FOR REGISTERING DOCUMENTS
In case of documents relating to land:
In case of other documents:
- All documents affecting immovable property shall be presented for registration in the office of the office of the Sub-registrar within whose sub-district the property is situated.
- Every document that does not relate to any immovable property or is not a copy of a decree order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-registrar under the State Government at which all the persons executing and claiming under the document desire the same to be registered.
- A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any other Sub-Register under the State Government at which all the persons claiming under the decree or order desire the copy to be registered.
WHO CAN PRESENT DOCUMENTS FOR REGISTRATION
- Every document to be registered shall be presented by
- some person executing or claiming under the document
- by the representative or assign of such person
- by the agent of such person, representative or assign, duly authorized by the power of attorney.
- Every person presenting any document for registration shall affix passport size photograph and finger points to the document. Where the document relates to the transfer of ownership of immovable property, the passport size photograph and finger points of each buyer and seller shall be affixed to the document.
PRE REQUISTES FOR REGISTRATION
- No document shall be registered unless the persons executing such document, or their representatives, assigns or agents appear before the registering officer within the time allowed for registration.
- The registering officer shall then-
- enquire whether or not such document was executed by the person by whom it purports to have been executed.
- satisfy himself as the identity of the persons appearing before him and alleging that they have executed the document.
- in the case of any person appearing as a representative assign or agent satisfy himself of the right of such person so to appear.
ENFORCING APPEARENCE OF EXECUTANTS AND WITNESSES
- The aforesaid does not apply to copies of decrees or orders.
- If any person presenting any document for registration desires the appearance of any person whose presence or testimony is necessary for the registration, the Registering Officer may in his discretion call upon such officer or court as State Govt direct to issue a summon requiring a person to appear a the Registrar's office in person or by duly authorized agent.
- Person may be exempted from appearing at Registration Office:
- A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the Registration Office, or
- A person in jail under civil or criminal process, or
- Person exempted by law from personal appearance in court.
In the case of every such person the Registration Officer shall either himself go to the house of such person or to jail in which he is confined, and examine him or issue a commission for his examination
EFFECTS OF REGISTRATION AND NON-REGISTRATION
- A registered document operates from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.
- All non testamentary documents duly registered under the Act, and relating to any property movable or immovable, shall take effect against oral agreement unless the agreement has been followed by delivery of possession.
- No document whose registration is compulsory shall
- affect any immovable property, or
- confer any power to adopt, or
- be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.
- However, an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument.
REFUSAL TO REGISTER
- If in case a Sub Registrar refuses to register a document, except on the ground that the property to which it relates is not situated within his Sub-District he shall make an order of refusal and record his reasons for such order.
- If a sub-registrar refuses to register a document then the party can make an appeal to the registrar to which the Sub-Registrar is subordinate against the order of refusal to register, within the period of 30 days and the registrar may alter or reverse such order.
- Where the Registrar refuses to order the document to be registered, any person claiming under such document may file an appeal in the Civil Court against such refusal.
- Every registering officer and every person employed in his office if guilty of incorrectly endorsing, copying, translating registering document with the intention to injure shall be punishable with imprisonment which may extend to 7 years or with fine or both.
- makes a false statements, or
- intentionally delivers a false copy or translation of a document, or a false copy of a map or plan;
- or falsely personating another presents any document, or makes any admission or statement, or causes any summons to be issued ; or
- abets anything made punishable by this Act, shall be punished with imprisonment which may extend to 7 years or with both
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