The Registration Act, 1908 - cs notes

Registrable documents
REGISTRATION ACT 1908 [CS EXECUTIVE]
The Registration Act, 1908
SECTION WISE INDEX
17. Documents of which registration is compulsory
18. Documents of which registration is optional.
Time of presentation
23. Time for presenting documents
23A. Re-registration of certain documents
24. Documents executed by several persons at different times
25. Provision where delay in presentation is unavoidable
26. Documents executed out of India
27. Wills may be presented or deposited at any time
Place of registration
28. Place for registering documents relating to land
32. persons to present documents for registration
33. Power of attorney
34. Enquiry before registration by Registering Officer
35. Procedure on admission and denial of execution respectively
Registration of wills and authorities to adopt
40. Persons entitled to present wills and authorities to adopt
41. Registration of wills and authorities to adopt
Deposit of wills
42. Deposit of wills
43. Procedure on deposit of wills
Presenting documents for registration
47 Time of Registered document become operative
48. oral agreements
49. Effect of Non Registration
50. Reg. Doc. Related to land
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REGISTRATION ACT 1908 [CS EXECUTIVE]
DUTIES AND POWER OF REGISTERING OFFICER
51. Register, books to be kept
52. Documents presentation
53. Entries
54. Indexes
55. Indexes by Reg officer
56. Entries
57. Inspection
58. Particulars
59.Endorsement dated
60. Certificate of Registration
61-70- Procedure , Powers
PROCEDURE ON ADMISSION TO REGISTRATION
Refusal to register
71. Reasons for refusal to register to be recorded
72. Appeal to Registrar from orders Sub-Registrar refusing registration on ground other that
denial of execution.
73. Application to Registrar where Sub-Registrar refuse to register on ground of denial of
execution
74. Procedure of registrar on such application
75. Order by Registrar and procedure thereon
76. Order of refusal by Registrar
77. Suit in case order or refusal by Registrar
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REGISTRATION ACT 1908 [CS EXECUTIVE]
REGISTERABLE DOCUMENTS
17. DOCUMENTS OF WHICH REGISTRATION IS COMPULSORY- Sec [17] The following
documents shall be registered,
IMPORTANT
(a)
instruments of gift of immovable property
(b) other non- testamentary instruments which create, declare, assign, limit or
extinguish,-- any right, title or interest, of the value of one hundred rupees or more in
immovable property.
RELEVANT CASE [KALYAN SUNDRAM V/S KARUPPA]
(C) Leases of immovable property:-
When such decree 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.
(i)any composition deed; or
(ii)
any instrument relating to shares in a Company, or
(iii) any debenture issued by company or
(iv) any endorsement or transfer of any debenture
(v) any document , declaring, assigning, limiting or extinguishing any right, title or interest of the
value of one hundred rupees or more in immovable property, or
(vi) any decree or order of a Court or transfer of any decree
(vii) any grant/acceptance of immovable property by the Government.
(viii) Instrument of partition
(xi)
(xii)
(xiii)
any property sold by public auction by a Civil or Revenue Officer.
Authorities to adopt a son
Any endorsement on a Mortgaged deed.
EXAMPLE: Rohit executed a sale deed of a house in favour of prem. The house is situated at
NOIDA. but the transferor and transferee want to sale deed to be registered at lucknow, which is
the capital of state. Can they do so.
ANS: No sale deed shall be registered at Noida.u/s 17,18,28 He will need to get the deed
registered where it is located.
In this case U/s 17 documents relating to creation or alteration of rights related to immovable
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REGISTRATION ACT 1908 [CS EXECUTIVE]
property . should compulsory registered in the office of sub registrar in whose juricdiction the
property is situated.
EXAMPLE 20006 JUNE: By an agreement Anamika transferred to biapasha a decree of a
court by which she was entitled to possess 500 bighas of land. Is it necessary to register such a
transfer under the reg act 1908
ANSWER: YES because UNDER sec 17 (d) transfer of any decree by which an interest of Rs.
100 or more in immovable property is created then it need to be registered. IN this case land is
required to be registered .
Section 18. Documents of which registration is optional-
JUNE 2011
any of the following documents may be registered under this Act,namely:-
(a) instruments (other than instruments of gift and will) which create, declare, assign, limit or
extinguish, any right, title or interest of a value less that one hundred rupees in immovable
property;
(b) instruments acknowledging the receipt or payment of any consideration on account of
the creation, declaration, assignment ,of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and leases
exempted under section 17;
(cc) instruments, transferring any order of a court when such order or award create, declare,
limit or extinguish, , of a value less than one hundred rupees to or in immovable property;
(d) instruments (other than wills) which purport or operate to create, declare, assign limit or
extinguish any right, title or interest in a movable property;
(e) wills; and
(F) all other documents not required by section 17 to be registered
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REGISTRATION ACT 1908 [CS EXECUTIVE]
TIME OF PRESENTATION
[IMP.]
23. Time for presenting documents- within 4 months
It shall be accepted for registration within four months from the date of its execution to the proper
officer:
Provided that a copy of decree or order may be presented within four months from the
day on which the decree or order was made, or, where it is apealable, within four months
from the day on which it becomes final.
23A. Re-registration of certain documents:- if in case a document requiring registration has
been accepted for registration by a Registrar or Sub-Registrar from a person :-- not duly
empowered to present the same, and has been registered,
• any person claiming under such document may, within four months from his first
becoming aware that the registration of such document is invalid, present such document
to be presented for re- registration in the office of the Registrar of the district in which
the document was originally registered;
• Registration being satisfied that the document was so accepted for registration from a
person not duly empowered to present the same, he shall Proceed to Re-registration
of the document as if it had not been previously registered,
24. ONE Documents executed by several persons at different times--::
Where there are several persons executing a document at different times, such
document may be presented for registration and re registration within four months
EXAMPLE:2008 dec
from the date of each execution.
A document was executed by several person at different time. The person in whose favour such
execution was made presented the document for re registration after expiry of 3 months.
Whether such document can be registered and if yes, within what period
ANSWER: Section 23A Provides for Re registration which is to be done when the original
registration was done by a person was not duly authorized. REGISTRATION is to be done within
4 months but this period can be extended by four more months in case of exigencies.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
25. Provision where delay in presentation is unavoidable [Within 8 months]
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 till
after the expiration of the time before Registrar, in cases where the
delay does not exceed four months:-- than on payment of a fine not
exceeding ten times the amount of the proper registration fee, such
document shall be accepted for registration.
EXAMPLE:
Ankur has made a gift of a house to bhaskar. Ankur has signed on gift deed and handed over
the possession of the house to bhaskar. Ankur did not want gift deed to be registered.. After
sometime Ankur dies. There was a long delay in the registration of gift deed. Whether the period
of delay may be condoned by the Registrar for the registration of gift deed even after the death
of the donor under the registration act 1908.
ANS: Accor to section 17 Registration of gift deed is compulsory. And it is not mandatory that it
should be registered during the life of donor. It have same effect if registered after death.IN THIS
CASE Sec 23 of the act provides the time limit for registration 4 months from execution of a
document. This time can be extend for 8 months in case of urgent necessity. HENCE IN THIS
CASE THE PERIOD CAN BE CONDONED BY REGISTRAR UPON RECIVING SUFFICIENT
CAUSE FOR DELAY.
26. DOCUMENT EXECUTED OUT OF INDIA :--- When a document purporting to have been
executed by all or any of the parties out of India is
not presented for registration- till after the expiration of the time THAN, the Registering
Officer, if satisfied-
(a) that the instrument was executed, and
(c) that it has been presented for registration within four months after its arrival
in India, may on payment of the proper registration fee, accept such document for
registration.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
If document is not registered is india then it is not valid in india.
27. Wills may be presented or deposited at any time - A will may at any time be presented
for registration or deposited in manner hereinafter provided.
PLACE OF REGISTRATION [IMP.]
28. Place for registering documents relating to land – U/S 28
Documents affecting immovable property u/s 17---- present within 4 month----
District----where property situated--- in the office of a Sub-Registrar
.
• 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-Registrar.
Sec 32. Persons to present documents for registration
every document to be registered under this Act, whether such registration be compulsory or
optional, shall be presented at the proper registration office-
Documents presented for registration to be accompanied by true copies thereof –
Section 32 specify that who can present the document for reg.
• person claiming under the decree/order/ testator
• representative/assignee of such person
• agent duly authorized by Special power of attorney
NOTE: if documents is presented by any other person except above than registration will
void.
33. Power- of- attorney
A person should be authorized by Special Power of Attorney. If no indication is given or
General power attorney is made then he will be not authorized to Register such
document.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
EXAMPLE: Bijoy executed a contract for purchasing a piece of land in delhi from ajoy just after
the execution of contract, Bijoy proceeded to England and he is not expected to return to india
before 6 month, Chirag a good friend of Ajoy who has general power of attorney to act on behalf
of Bijoy, gets the said sale deed registered. Is this registration is valid
Ans. No. Accor. to sec 32 a document may be presented for registration who has been
authorized by special power of attorney Hence a general power of attorney is not
acceptable. IN THIS CASE Chirag who does not hold Special Power of Attorney but only a
general one.
34. Appearance before Registreing officer.
The Agent or his Authorized Reprsentative should appear within proper
time before Registereing officer for Registration of a document.
Relevant case law [Puran chand v/d manmotho nath
WILL
PRESENTING WILLS FOR REGISTRATION AND AUTHORITIES TO ADOPT
40. who is entitled to present WILL and adopt:
(1) The testator, after his death any person claiming as executor under a will, may present
it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after his death donee, or the adoptive son, may present it to any
Registrar or Sub-Registrar for registration.
Testator means A man who makes and leaves a will, at death.
41. Registration of wills and authorities to adopt. –
(1) A will presented for registration by the testator or donor may be registered in the same
manner as any other document.
(2) A will or authority to adopt presented for registration by any other person entitled
to present it shall be registered if he Registering Officer is satisfied-
(a) the will or authority was executed by the testator or donor ;
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REGISTRATION ACT 1908 [CS EXECUTIVE]
(b)
that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to
present the same.
DEPOSIT OF WILLS [42 to 46]
42. Deposit of wills.-
Any testator may personally or by duly authorized agent, deposit with Registrar his
will in a sealed cover with the name of the testator and with a statement of the nature of
the document.
43. Procedure on deposit of wills.-
• On receiving such cover, the Registrar,→ if satisfied that the person presenting for
deposit is the testator or his agent.
↓
• Than he transcribe in his register book No. 5
↓
and shall note time,date month of receipt and retain the sealed cover in a box.
Section 47. Time from which registered document operates.-
• A registered document shall operate from the time from → it commenced to
operate, not from the time of its registration.
SECTION 48. Registered documents relating to property :-- when to take effect
against oral agreements.-
All non- testamentary documents duly registered under this Act, and relating to any property,
whether movable or immovable, shall take effect against any oral agreement or declaration,
unless where the agreement or declaration has been accompanied or followed by delivery of
possession.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
SECTION 49 Effect of non- registration of documents required to be
registered.-[IMP.]
2002 DEC.
document will not effect
(a) any immovable property or
(b) any power to adopt, or
(c) will not received as evidence of any transaction affecting such property or conferring such
power,
unless it has been registered:…..If Registered then it will effect all above.
an unregistered document affecting immovable property and required by this
act , to be registered may be received/used as evidence.
2004 DEC EXAMPLE: Ajit sells a house to baljit by a written document in 1997 and delivers
possession thereof to baljit. But the document is not registered. After 1 yr ajit sues baljit to take
back possession of the house on the ground that because of non registration, the document has
no validity. Will ajit succeed
ANS: AJIT WILL NOT SUCCEED .Accord to sec 49 if any document is required to be
registered and it is not registered it will not admitted as evidence under Indian
evidence act 1972.
But under Transfer of property act document can be used as evidence if document is
proof of part performance of a contract and plantiff is willing to perform his part of
deal.
In this case Because it comes under section 53A. and ajit will not succeed.
SECTION 50. Certain registered documents relating to land to take effect
against unregistered documents.-
(1) Every document mentioned in clauses (a), (b), (c) and (d) of section 17, and clause (b) of
section 18,
shall, if duly registered, take effect as regards the property comprised therein, against every
unregistered document relating to the same property, and not being a decree or order,
whether such unregistered document be of the same nature as the registered document or not.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
MISCELLANEOUS PROVISIONS
DUTIES AND POWERS OF REGISTERING OFFICER [51 TO 57 ]
51. Register- books to be kept in the several offices.-
(1) The following books shall be kept in the several offices named, namely:-
IN ALL REGISTRATION OFFICE
Book 1," Register of non- testamentary documents relating to immovable
property";
Book 2," Record of reasons for refusal to register";
Book 3," Register of wills and authorities to adopt"; and
Book 4," Miscellaneous Register";
In the offices of Registrars—
Book 5," Register of deposits of wills".
52. Duties of registering officers when document presented.-
(1) (a) The day, hour and place and the signature of every person presenting a
document for registration, shall be endorsed on every such document at the time of
presenting it;
(b) a receipt for such document shall be given by the registering officer to the person
presenting the same; and
(c) every document admitted to registration copied in the book.
53. Entries to be numbered consecutively.-
All entries in each book shall be numbered in a consecutive series, which shall
commence and terminate with the year, a fresh series being commenced at the
beginning of each year.
54.Indexes and entries:-
In every office there shall be prepared current indexes of the contents of such books;
and every entry in such indexes shall be made immediately after the registering officer
has copied.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
55. Indexes to be made by registering officers
(1) Four such indexes shall be made in all registration- offices, and shall be named,
respectively, Index No. I, Index No. II, Index No. III and Index No. IV.
(2) Index No. I - the names and additions of all persons
(3) Index No. II -particulars mentioned in section 21 relating to such document and
memorandum as the Inspector- General from time to time directs in that behalf.
(4) Index No. III - names and additions of all persons executing every will and authority
entered in book No. 3
(5) Index No. IV - names and additions of all persons executing and of all persons
claiming under every document entered in Book No. 4.
(6) Each Index shall contain such other particulars, and shall be prepared in such form,
as the Inspector- General from time to time directs.
Sec. 56. Copy of entries in Indexes Nos. I, II and III to be sent by Sub- Registrar to
Registrar and filed.
Sec. 57. Registering Officers to allow inspection of certain books and indexes,
and to give certified copies of entries.-
PROCEDURE ON ADMISSION TO REGISTRATION [58 TO 62 ]
58. Particulars to be endorsed on documents admitted to registration.-
(1) On every document admitted to registration, , there shall be endorsed from time to
time the following particulars, namely:-
(a) the signature and addition of every person/ or his agent admitting the execution;
(b) the signature and addition of every person examined
(c) any payment of money or delivery of goods made in the presence of the registering
officer.
(2) If any person admitting the execution of a document refuses to endorse the same,
the registering officer shall nevertheless register it, but shall at the same time
endorse a note of such refusal.
59. Endorsements to be dated and signed by registering officer.- The registering
officer shall affix the date and his signature to all endorsements
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REGISTRATION ACT 1908 [CS EXECUTIVE]
60. Certificate of registration.
any document presented for registration have been complied with, the
registering officer shall endorse a certificate containing the word"
registered,"
Such certificate shall be signed, sealed and dated by the registering
officer,
61. Endorsements and certificate to be copied in Register.
Sec. 62. Procedure on presenting document in language unknown to
registering officer.-
When a document is presented for registration :- the translation shall be
transcribed in the register of documents,
63. Power to administer oaths and record of substance of
statements.-
(1) Every registering officer may at his discretion administer an oath to any person
examined by him.
(2) Every such officer record the statement made by each such person,.
(3) Every such note signed shall be admissible
64. Procedure where document relates to land in several subdistricts.-
Every Sub- Registrar on registering a non- testamentary document relating to
immovable property not wholly situate in his own sub- district shall
make a memorandum and send the same to every Sub- Registrar subordinate
to the same Registrar in whose sub- district any part of such property is situate.
Section 65. Procedure where document relates to land in several
districts.-
(1) Every Sub- Registrar on registering a non- testamentary document relating to
immovable property situate in more districts than
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REGISTRATION ACT 1908 [CS EXECUTIVE]
forward a copy of the endorsement together with a copy of the map mentioned to
the Registrar of every district where any part of such property is situate.
(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the
document and the copy of the map and
forward a memorandum of the document to each of the Sub- Registrars
subordinate to him where the part of such property is situate; he shall file it in his
Book No. 1.
Section.66 Procedure after registration of documents relating to land.-
(1) On registering any non- testamentary document relating to immovable property the
Registrar shall forward a memorandum
of such document to each Sub- Registrar subordinate to himself in whose sub- district
any part of the property is situated.
(2) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall
also send a memorandum of the copy to each of the Sub- Registrars subordinate to him
within whose sub- district any part of the property is situate.
SECTION 67. Procedure after registration under section 30 (2).-
NOT IMPORTANT.
68. Power of Registrar to superintend and control Sub- Registrars.-
Section 69, 70:- Power of Inspector
The Inspector exercise a general superintendence over all the registrationproviding
for the safe custody of books, papers and documents
71. Reasons for refusal to register to be recorded.-
Every Sub- Registrar refusing to register a document, except on the ground that the
property to which it relates is not situate within his sub- district,
shall make an order of refusal and record his reasons for such order in his Book No. 2,
and endorse the words" registration refused" on the document
No registering officer shall accept for registration a document unless, the
document is directed to be registered.
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REGISTRATION ACT 1908 [CS EXECUTIVE]
72. Appeal to Registrar: from orders of Sub- Registrar on refusing registration
on ground other than denial of execution.-
(1) an appeal shall lie against an order of a Sub- Registrar on:---
refusing to admit a document to registration (whether the registration of such
document is compulsory or optional) to the Registrar
If presented to such Registrar within thirty days from the date of the order; and
the Registrar may reverse or alter such order.
If the order of the Registrar directs the document is duly presented for
registration within thirty days after the making of such order, the Sub- Registrar
shall obey the same, and such registration shall take effect as if the document
had been registered when it was first duly presented for registration.
73. Application to Registrar where Sub- Registrar refuses to register on ground
of denial of execution.-
(1) When a Sub- Registrar has refused to register a document on the ground that any
person by whom it purports to be executed, denies its execution, then
• any person claiming under such document, may, within thirty days after
the making of the order of refusal, apply to the Registrar to whom such
Sub- Registrar is subordinate in order to establish his right to have the
document registered.
• Such application shall be in writing with a copy of the reasons recorded.
74. Procedure of Registrar on such application.-
The Registrar shall, enquire-
(a) whether the document has been executed;
(b) whether the requirements of the law have been complied with on the part of the
applicant.
75. Order by Registrar to register and procedure thereon.-
If the Registrar finds that the document has been executed and that the said
requirements have been complied with, he shall order the document to be
registered.
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76. Order of refusal by Registrar.
REGISTRATION ACT 1908 [CS EXECUTIVE]
(1) Every Registrar refusing— to register a document except on the ground that the
property to which it relates is not situate, or
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar.-
(1) Where the Registrar refuses to order the document to be registered, under section
72 or section 76, any person claiming under such document, or his representative,
assign or agent, may within thirty days after the making of the order of refusal, institute
in the
Civil Court, within the local limits of whose original jurisdiction is situate the office in
which the document is sought to be registered, a suit for a decree directing the
document to be registered in such office if it be duly presented for registration within
thirty days after the passing of such decree.
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