The Registration Act, 1908 - cs notes

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 ;
COMPILED BY MS.SHUBHAM AGARWAL [CS, LL.B.]
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