REGISTRATION ACT, 1908
(l) This Act may be called the 2[***] Registration Act, 1908."
3[(2) It extends to the whole of India except the State of Jammu and Kashmir:
Provided that the State Government may exclude any districts or tracts of country from its operation.]
(3) It shall come into force on the first day of January, 1909.
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1. For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p. 325; for Report of Select Committee, see Gazette of India, 1908, Pt. V, p. 387; and for Proceedings in Council, see Gazette of India, 1908, Pt. VI, pp. 148, 154 and 182.
This Act has been extended to Berar by Be
In this Act, unless there is anything repugnant in the subject or context,—"
(l) “addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of 1[an Indian], 2[***] his father’s name, or where he is usually described as the son of his mother, then his mother’s name;
(2) “book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;
(3) “district” and “sub-district” respectively mean a district and sub-district formed under this Act;
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction;
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(l) The 1[State Government] shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government\:"
Provided that the 1[State Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the 1[State Government] appoints in this behalf.
(2) Any Inspector-General may hold simultaneously any other office under the 2[Government].
State Amendment
Uttar Pradesh:
After sub-section (2), insert sub-section (3) as under—
Section 3 of the Registration Act, 1908, establishes the authority of the State Government to appoint officers responsible for the registration of documents relating to immovable property. It forms the backbone of the registration framework, ensuring proper documentation and legal validity of property transactions. The section also delineates the roles of various officers and the scope of registration procedures, which are crucial for establishing title, preventing fraud, and ensuring transparency in property dealings.
Section 3 empowers the State Government to appoint an Inspector General of Registration for the territories under its jurisdiction. It also authorizes the appointment of District Registrars and Sub-Registrars, and prescribes their duties concerning the registration of documents. The section stipulates that all documents relating to immovable property, which are required by law to be registered, must be presented to the proper officer for registration, and sets out the procedures and conditions for such registration.
Section 3 provides the statutory framework for the appointment and functioning of registration authorities, which include Inspector General, District Registrars, and Sub-Registrars. It covers:- The appointment process and jurisdiction of officers.- The procedural aspects of registering documents.- The scope of documents to be registered, primarily focusing on deeds, agreements, and other instruments concerning immovable property.- The legal implications of registration, such as constructive notice and evidentiary value.
While Section 3 itself prescribes administrative procedures, violations related to the registration process, such as forging documents, non-registration of compulsorily registrable documents, or illegal registration, attract penalties under the Indian Penal Code and the Registration Act. Penalties include imprisonment, fines, or both, as specified under Sections 81 to 84 of the Registration Act and relevant provisions of the IPC. Penalties for forgery, fraud, or false registration are also applicable.
This comprehensive legal commentary underscores the critical role of Section 3 of the Registration Act, 1908, in establishing a transparent, lawful, and enforceable system for property documentation, while also highlighting the penalties and safeguards against violations.
[Rep. by the Government of India
(Adaptation of India Laws) Orders, 1937.]"
(l) For the purposes of this Act, the 1[State Government] shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts."
(2) The districts and sub-districts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the 2[Official Gazette].
(3) Every such alternation shall take effect on such day after the date of the notification as is therein mentioned.
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1.Subs. by the A.O. 1950, for “Provincial Government”.
2.Subs. by the A.O. 1937, for “Local Official Gazette”.
The 4[State Government] may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively."
2[***]
State Amendments
Karnataka:
In section 6, the following provisos shall be inserted at the end:—
“Provided that the State Government may also appoint one or more Sub-Registrars for the same Sub-District:
Provided further that the State Government may delegate to the Inspector- General of Registration, the power of appointing Sub-Registrars.”
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(l) The 1[State Government] shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars."
(2) The 1[State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate:
Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.
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1.
(l) The 1[State Government] may also appoint officers to be called Inspector of Registration offices, and may prescribe the duties of such officers."
(2) Every such Inspector shall be subordinate to the Inspector-General.
State Amendments
Rajasthan:
Substitute section 8, as under:—
“8. Officers of registration offices.—(1) The State Government may also appoint officers as may be designated from time to time and may prescribe the duties of such officers.
(2) Every such officer shall be subordinate to the Inspector-General.”
[Vide Rajasthan Act 11 of 1982, sec. 2 (w.e.f. 16-6-1982)].
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[Repealed by the Repealing and Amending Act, 1927 (10 of 1927), section 3 and Schedule II.]
(l) When any Registrar, other than the Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the 1[State Government] fills up the vacancy."
(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf shall be the Registrar during such absence, or until the 1[State Government] fills up the vacancy.
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When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72."
When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until 2[the vacancy is filled up]."
State Amendment
Karnataka:
In section 12, after the word “whom” the words “the Inspector-General of Registration or” shall be inserted.
[Vide Karnataka Act 32 of 2001, sec. 3 (w.e.f. 3-10-2001)].
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1. Subs. by Act 4 of 1914, sec. 2 and Sch., Pt. I, for “the Local Government fills up the vacancy”.
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(1) 1[***] All appointments made under section 10, section 11 or section 12 shall be reported to the 2[State Government] by the Inspector-General.
(2) Such report shall be either special or general, as the 1[State Government] directs.
3[***]
State Amendments
Gujarat:
Amendment is the same as that of Maharashtra.
[Vide Gujarat A.L.O., 1960].
Maharashtra:
Sub-sections (1) and (2) were repealed and in sub-section (3) (now omitted by A.O., 1937), after the word “Sub-Registrars”, the words “and Inspectors of Registration Offices” were inserted. Thus, whole section now stands om
(2) The 2[State Government] may allow proper establishments for the several offices under this Act.
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1. Sub-section (1) omitted by the A.O. 1937.
2. Subs. by the A.O. 1950, for “Provincial Government”.
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The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the 1[State Government] directs\:—"
“The seal of the Registrar (or of the Sub-Registrar) of”.
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1. Subs. by the A.O. 1950, for “Provincial Government”.
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(l) The 1[State Government] shall provide for the office of every registering officer the books necessary for the purposes of this Act."
(2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the 1[State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued.
(3) The 1[State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.
State Amendments
Andhra Pradesh:
1[(1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government.
(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that section.]
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1. Ins. by Act 48 of 2001, sec. 2 (w.e.f. 24-9-2001).
(l) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely\:—"
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which 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, of the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account
Section 17 of the Registration Act, 1908 outlines the documents that require compulsory registration to be legally effective. This section plays a crucial role in the transfer of property and the establishment of rights in immovable property in India.
Section 17 specifies that certain documents must be registered, including:- Sale deeds- Lease agreements for more than one year- Partition deeds- Any document that creates, declares, assigns, limits, or extinguishes any right, title, or interest in immovable property valued at one hundred rupees or more.
The scope of Section 17 extends to various types of documents, including but not limited to:- Sale deeds- Lease agreements- Partition deeds- Family settlements that create or extinguish rights in property.
While Section 17 itself does not prescribe punishment, failure to register a document as required can render it inadmissible in evidence, affecting the rights of the parties involved.
This commentary highlights the critical aspects of Section 17 of the Registration Act, 1908, emphasizing the importance of registration in property transactions and the legal implications of non-compliance.
Any of the following documents may be registered under this Act, namely:—optional.—Any of the following documents may be registered under this Act, namely\:—"
(a) instruments (other than instruments of gift and wills) which 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, of a value less then one hundred rupees, to or in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction 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;
1[(cc
Legal Comments
"Introduction" - Section 18 of the Registration Act, 1908 enumerates documents whose registration is optional (including wills, powers of attorney, notices of pending suits, and other non-compulsory documents) and signals that registration for such documents is not mandatory. - , [V Jagadish Bathija Son Of Vashdevdas VS State Of Karnataka], [Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde]
"What Section Says" - The core proposition is that registration of certain documents, notably wills, is not compulsory; registration is optional under Section 18, and posthumous registration of a Will is legally valid, with the substantive test focusing on due execution and attestation rather than timing of registration. - [Raju Singh VS ABC], [M. D. Devamma VS K. V. Kalavathi]
"Essential ingredients" - For validity, a Will must be properly executed and attested; registration (though optional) is not the dispositive factor, and the burden rests on the proponent to prove genuineness and due execution, while challenges can rely on evidence of fraud/undue influence. - [V. Velayudhan Nair VS Kallyanikutty Amma], [Raju Singh VS ABC]
"Scope - Will validity" - The probate framework treats the Will as valid if due execution and attestation are proved; non-registration cannot by itself defeat probate, and post-execution facts (e.g., age, health) are not determinative of genuineness by themselves. - [Raju Singh VS ABC], [Tarakeswar Mazumdar VS Banshilal Gupta]
"Scope - Other documents" - Section 18 covers documents beyond Wills, such as powers of attorney and leases; registration of these documents remains optional, subject to specific sub-provisions (e.g., some instruments may still be subject to compulsory registration under other provisions). - [Abhishek Agrawal S/o Shri Suresh Agrawal VS Bharat Petroleum Corporation Limited (BPCL)], [Brijalal Kolsya Kokani VS Poslya Ananda @ Budha Kokani]
"Posthumous registration" - A Will registered after the testator’s death is legally acceptable if execution and attestation are established; later registration does not by itself render the Will suspicious. - [M. D. Devamma VS K. V. Kalavathi]
"Burden of proof in Will disputes" - Where the execution of a Will is admitted, the challenger must prove grounds like undue influence, fraud, coercion, or forgery; registration status is not itself determinative of validity. - [V. Velayudhan Nair VS Kallyanikutty Amma], [SOBHNATH DUBE, IN THE MATTER OF: LATE KASHINATH DUBE VS . ]
"Secondary evidence and unregistered Wills" - In circumstances where the original Will is unavailable or contested, secondary evidence can be admissible to prove contents or legitimacy, subject to the rules of evidence and registration status. - [Sushila Devi VS Rameshwar Dayal], [Raju Singh VS ABC]
"Non-registration not automatically suspicious" - The absence of registration alone does not render a Will void or suspicious; courts have treated non-registration as not suspicions by itself where execution/attestation is proven. - [Raju Singh VS ABC], [Satwant Singh VS Amar Kaur And Others]
"Suit under Section 77 and posthumous registration" - A suit under Section 77 for posthumous registration of a Will is generally not maintainable because Section 77 targets documents for which registration is mandatory under Section 17; Will registration under Section 18 is optional. - [Ramapati Tiwari VS District Registrar, Allahabad], [Rama Pati Tiwari VS District Registrar, Allahabad]
"Attestation by relatives" - The presence of a close relative as an attesting witness does not automatically render a Will suspicious or invalidate its execution; testamentary instruments remain personal documents and attestation by relatives is permissible. - [Raju Singh VS ABC], [M. D. Devamma VS K. V. Kalavathi]
"Harmony between Sections 17 and 18" - The legal framework recognizes a harmonious construction: Section 17 requires compulsory registration for certain documents, while Section 18 makes registration optional for others (including Wills), with Section 16/52-like interactions clarified in case law. - [Kusum Sharan, Wife Of Shambhu Sharan VS Additional Member, Board Of Revenue, Bihar, Patna]
"Notices of pending suits under Section 18(ee)" - Section 18 also contemplates optional registration of notices of pending suits (ee), illustrating the breadth of documents treated under Section 18 beyond Wills. - [Prakash Gobindram Ahuja VS Ganesh Pandharinath Dhonde], [V Jagadish Bathija Son Of Vashdevdas VS State Of Karnataka]
"Penalties tied to Registration Act" - The Registration Act prescribes penalties for offences connected to registration procedures; while Section 18 itself does not create a separate penalty, non-compliance with registered requirements can attract penalties under the Act. -
"Judicial principle on Will registration – Ishwardeo Narain lineage" - The seminal view in Ishwardeo Narain v. Kamta Devi (1954) supports the notion that Will registration is not mandatory and probate focuses on due execution and attestation, not registration timing. - [Tarakeswar Mazumdar VS Banshilal Gupta], [Raju Singh VS ABC]
"Practical takeaway for practitioners" - In practice, a Will need not be registered to be probated; courts will scrutinize due execution and lack of suspicious circumstances, and lack of registration should not automatically rebut the Will’s validity. - [Raju Singh VS ABC], [M. D. Devamma VS K. V. Kalavathi]
"Practical takeaway for conveyancing/transactions" - For non-Will instruments, Section 18 remains relevant to determine whether registration is optional and how that affects evidentiary and procedural requirements, including possible use of collateral evidence and compliance with related sections (e.g., Section 23 time limits for filing/registration of optional documents). - [Kusum Sharan, Wife Of Shambhu Sharan VS Additional Member, Board Of Revenue, Bihar, Patna], [V Jagadish Bathija Son Of Vashdevdas VS State Of Karnataka], [Vipin Kumar Goel VS State Of U. P. Thru. Secr. Dept. Of Revenue]
If any document duly presented for registration be in a language which the registering officer does not understand , and which is not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.
State Amendments
Delhi:
Same as in Punjab.
[Vide G.S.R. 465, Gazette of India, 1965, Pt. II, Sec. 3(i), p. 499].
Himachal Pradesh:
Same as in Punjab.
[Vide Himachal Pradesh Act 2 of 1969, sec. 4 (w.e.f. 11-4-1969)].
Kerala:
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(l) The registering officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration."
(2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.
State Amendments
Maharashtra, Gujarat:
Note.—For omission of sub-section (2) of section 20, see sub-section (3) of
section 70D in Part XIA inserted in main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 19
(l) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same."
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified ) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.
(3) Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.
(4) No non-testa
Legal Comments
"Scope" - Section 21 ensures mandatory description of property and maps/plans for non-testamentary instruments relating to immovable property; ensures identifiability of property before registration - [Sumit Kumar VS Naresh Kumar]
"Essential ingredient" - Registration under Section 21 requires description of property and maps; without clear description/ plans, document may be refused registration; later cases emphasize collateral use of unregistered link documents only for evidentiary purposes - [S. Kanniammal @ Mangai VS State of Tamil Nadu, The Chief Minister Cell, Chennai]
"Admissibility of unregistered instrument" - Unregistered documents cannot be used to transfer title but may be admitted for collateral purposes (e.g., severance of title or possession) under provisos; registration may be required for transfer of title; validation after deficit stamp duty can give legal effect to past transactions - [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Registration vs cancellation" - Registrar cannot cancel a registered sale deed; cancellation powers lie under Specific Relief Act or civil suit; Section 83 allows criminal action for falsities; cancellation by executive order is impermissible - [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Pre-registration scrutiny" - Registrar's jurisdiction is to scrutinize pre-registration compliance; post-registration cancellation is improper; Section 83 allows prosecutorial measures only in cases of false statements or impersonation - [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Describing property is mandatory" - Courts reiterate that description of property and maps are essential; mere reliance on endorsements or validated earlier documents cannot override registration requirements; non-registration or improper registration can be challenged in civil court - [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Impact of non-registration on transfer" - Non-registration of a document purporting to transfer rights in immovable property generally prevents transfer of title; however collateral evidentiary value may be permissible if properly stamped and registered later - [Yellapu Uma Maheswari VS Buddha Jagadheeswararao]
"Gift/deed validation vs registration" - Validation after deficit stamp duty may render document admissible in evidence, but non-registration of the decisive document itself remains subject to Section 17; civil remedies for declaration of title may be required - [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Section 23 non-registration of decrees" - Decrees/orders issued by competent courts can be registered despite limitation period; Sub-Registrar must register certified copies of decrees; not barred by Section 23 for such orders - [Surendra Prasad Sharma VS State of Bihar through the Principal Secretary]
"Interplay with other statutes" - Courts frequently reference interaction among Registration Act, Transfer of Property Act, Specific Relief Act, Stamp Act, CPC; where sections cross-reference, courts emphasize not to enlarge Registrar's powers beyond pre-registration scrutiny - [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Unregistered lease/collateral admissibility" - Unregistered lease deeds cannot establish tenancy in evidence for eviction actions but may support collateral purposes like possession; registration under Section 17(1)(d) is compelled for leases beyond one year or with yearly rent - [Jai Ram Agrawal VS 6Th Additional District Judge]
"Interim/injunction considerations" - Where registration issues intersect with injunctions or lis pendens, courts keep lispendens considerations separate from registration admissibility; pending litigation affects rights but not registration legality per se - [Kulan Rukhsana Amin vs Gaurang Kanth]
"Section 21(1)(b) – description sufficiency" - The description must be sufficient to identify the property; mere references to parking or ancillary rights may be insufficient if not clearly described in the document; courts require explicit property description to satisfy Section 21 - [Gurjeet Singh Madaan vs Sub-Registrar-IX (District South-West)]
"Section 21 in Tamil Nadu / Kerala interpretations" - States have elaborated on Rule-based compliance and enforcement; judgments emphasize that Rule-based requirements cannot override mandatory statutory registration; pending adoption of state-specific rules may influence but not nullify core registration obligations - [M. Subramanian VS Sub Registrar, Viralimalai Registration Office, Pudukkottai], [Sumathi W/o Raghavan VS State of Kerala Represented By Secretary To Government, Department of Taxes]
"Admissibility of collateral documents under Section 49" - When documents are unregistered but relevant for collateral purposes (e.g., severance of title), Section 49 permits their use with proper stamping and proof; not for primary partition or transfer - [Yellapu Uma Maheswari VS Buddha Jagadheeswararao]
"Consequences of invalid endorsement or forged documents" - If a document is endorsed as valid after deficit stamp duty, a challenge to its registration cannot simply be a cancellation; civil remedies or criminal actions may be invoked to challenge fraudulent endorsements - [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Registration of sale deeds vs encumbrance certificates" - Courts have held that sale deeds are registrable instruments; erroneous encumbrance certificates may create deficiency in service but do not defeat the registration process; consumer-protection avenues can be pursued for defective encumbrance certificates - [Joint Sub Registrar VS Maragatham], [02600004042]
"Section 23(A) / 22-A interplay" - Statutory provisions on land records and prohibited lists may require fresh adjudication or action by competent authorities; non-registration does not necessarily bar title transfer if other compliant instruments exist, but legal remedies may be pursued - [Jampani Seshagiri Rao VS State of Andhra Pradesh]
"Arbitration and Section 21 notices" - Notices under Section 21 and arbitration proceedings can be aligned; appointment of arbitrator under Arbitration Act can proceed even where registration issues exist, provided pre-registration notice requirements are satisfied - [U. S. Infra Developers Private Limited VS Rina Singh Alias Reena Singh]
"Non-testamentary documents and title transfer" - Non-testamentary documents that create or extinguish rights in immovable property require registration; merely holding a document under a valid stamp does not circumvent registration requirements for transfer of title - [S. Kanniammal @ Mangai VS State of Tamil Nadu, The Chief Minister Cell, Chennai]
"Registration Act – Article 21 (Description of property)" - The Act requires description and maps; any failure to include proper description can lead to refusal of registration or later litigation; courts stress adherence to description requirements - [Emandla Raja Rao VS State of Telangana]
"Judicial approach to Section 21 amendments" - Courts analyze amendments under General Clauses Act and Registration Act harmoniously; cannot allow executive orders to override statutory mandates on registration of instruments affecting title - [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Conclusion" - Section 21 remains a cornerstone for registration of non-testamentary documents affecting immovable property; essential requirements include clear description of property and maps; registration is the operative act that passes title; non-registration may be curable via collateral evidence but generally limits transfer rights; challenges to registration may rely on civil remedies, writs, or constitutional arguments depending on jurisdiction - [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
(l) Where it is, in the opinion of the 1[State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the 1[State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described."
(2) Save as otherwise provided by any rule made under sub-section (l), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.
State Amendments
Delhi:
Same as in Punjab.
[Vide Notification No. 189/38
Section 22 of the Registration Act, 1908, primarily deals with the registration of documents related to immovable property. It provides the framework under which certain properties or transactions may be prohibited from registration by government authorities, primarily to prevent illegal or unauthorized transfers, protect public interest, or uphold public policy. Over time, judicial scrutiny has clarified the scope, validity, and limitations of this provision.
Section 22 of the Registration Act, 1908, addresses the registration of documents concerning immovable property. It empowers the government to notify certain lands or transactions as prohibited from registration under specified circumstances, such as public policy, government ownership, or legal restrictions. The section has been amended and supplemented by notifications issued by the government, which may prohibit registration of certain properties or transactions.
Note: The above references are drawn from the provided sources and reflect judicial and statutory interpretations related to Section 22 of the Registration Act, 1908, emphasizing procedural correctness, constitutional validity, and judicial review principles.
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
Provided that a copy a 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 becomes final.
Section 23 of the Registration Act, 1908, prescribes the time limit within which documents, other than wills, must be presented for registration. It is a fundamental provision ensuring the timely registration of documents affecting immovable property, thereby promoting transparency, legal certainty, and preventing fraudulent transfers.
Section 23 states that no document other than a will shall be accepted for registration unless presented to the proper officer within four months from the date of its execution. This period can be extended under certain circumstances, such as through the provisions of Sections 24 and 25, which allow for condonation of delay in specific cases.
Section 23 applies primarily to the registration of documents affecting immovable property, including sale deeds, gift deeds, mortgage deeds, and agreements, excluding wills. It aims to ensure that documents are registered within a prescribed period to maintain the integrity of land records and prevent fraudulent transactions. The section also interacts with other provisions like Sections 24 and 25, which provide mechanisms for condoning delays due to unavoidable circumstances.
While Section 23 itself does not prescribe a direct punishment, non-compliance can lead to:- Refusal of registration: The registration authorities may refuse to register documents presented beyond the prescribed period.- Penalties: Under the broader framework of the Act and related laws, penalties such as fine or imprisonment may be applicable for offences like forging documents or submitting false declarations.- Legal consequences: Documents not registered within the stipulated time may lose their evidentiary value or be deemed inadmissible in certain legal proceedings.
Section 23 of the Registration Act, 1908, plays a vital role in regulating the timeliness of registering documents affecting immovable property. Its provisions, especially regarding exclusions and extensions, ensure fairness and prevent penalizing parties for delays beyond their control. Courts have consistently upheld the importance of adhering to these timelines while recognizing exceptional circumstances warranting extension, thereby balancing legal certainty with equitable considerations.
Note: The references are based on the provided sources and case law summaries, emphasizing the judicial interpretations and principles related to Section 23.
1[Notwithstanding anything to the contrary contained in this Act, if in any 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 form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for
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."
(1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 1[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration."
(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
State Amendment
Rajasthan:
In section 25—
(a) in sub-section (1), for the word “R
When a document purporting to have been executed by all or any of the parties out of 1[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied—"
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in 1[India],
may, on payment of the proper registration-fee accept such document for registration.
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1. Subs. by Act 3 of 1951, sec. 3, and Sch., for “the States” (w.e.f. 1-4-1951).
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A will may at any time be presented for registration or deposited in manner hereinafter provided."
Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (l), clauses (a), (b), (c) 2[, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) 3[(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate."
State Amendments
Andhra Pradesh:
In section 28, for the expression “clauses (a), (b), (c), (d) and (e) of section 17, sub-section 2”, the expression “clauses (a), (b), (c), (d), (e), (f) and (g) of section 17, sub-section (2)”, and for expression “clauses (a), (b), (c) and (cc)” the expression “clauses (a), (b) and (cc)” shall be substituted.
&nbs
(1) Every document 1[not being a document referred to in section 28 or a copy of a decree or 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 2[State Government] at which all the persons executing and claiming under the document desire the same to be registered."
(2) 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 the Sub-Registrar under the 2[State Government] at which all the persons claiming under the decree or order desire the copy to be registered.
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(l) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him."
1[***]
State Amendments
Andhra Pradesh:
Figure “(1)”, and sub-section (2), omitted.
[Vide Andhra Pradesh Act 13 of 1996, sec. 2 (w.e.f. 15-6-1966)].
Bihar:
Section 30(2) be deleted.
[Vide Bihar Act 6 of 1991, sec. 4 (w.e.f. 8-8-1991)].
Gujarat:
In section 30—
(1) in sub-section (1), the brackets and
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit\:"
Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.
Except in the cases mentioned in 1[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
(b) by the representative or assign of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.
State Amendment
Bihar:
After section 32, the following new section shall be inserted, namely
Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document\:"
Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.]
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1. Ins. by Act 48 of 2001, sec. 5 (w.e.f. 24-9-2001).
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The Registration Act, 1908, is a crucial piece of legislation in India that governs the registration of documents related to immovable property. Section 32(a) specifically addresses the individuals authorized to present documents for registration, thereby ensuring the integrity and authenticity of property transactions.
Section 32(a) stipulates that every document to be registered under the Act must be presented at the proper registration office by the person executing or claiming under the document. This provision is essential for establishing the legitimacy of the transaction and preventing fraud.
The scope of Section 32(a) extends to all documents that require registration under the Act, whether the registration is compulsory or optional. It emphasizes the need for the presence of the executant or their authorized representative to ensure that the document is executed voluntarily and with full knowledge.
While Section 32(a) itself does not prescribe specific penalties, failure to comply with its provisions can lead to the rejection of the registration application. Additionally, fraudulent presentation of documents can attract criminal charges under the Indian Penal Code.
This commentary highlights the importance of Section 32(a) in the Registration Act, 1908, emphasizing its role in safeguarding property transactions and ensuring legal compliance.
(l) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely\:—"
(a) if the principal at the time of executing the power-of-attorney resides in any part of 1[India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 2[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 1[India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3[Indian] Consul or Vice-Consul, or
(l) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
Section 34 of the Indian Registration Act, 1908, lays down the procedure and scope of enquiry that a registering officer must undertake before registering a document. It aims to ensure the authenticity of the document and the proper execution by the parties involved, thereby preventing fraud and forgery in property transactions.
Section 34 mandates that before registering a document, the registering officer shall:- Enquire whether the document was executed by the persons who purport to have executed it.- Satisfy himself about the identity of the persons appearing before him and claiming to have executed the document.- In case of any person appearing as a representative, assign, or agent, verify their right to appear and act on behalf of the principal.
The section emphasizes that the registration process is not merely mechanical but involves a procedural enquiry to establish the genuineness of the document and the authority of the parties.
While Section 34 itself does not prescribe specific punishments, violations such as:- Falsely claiming to have executed a document.- Impersonation.- Forgery or fraud during registration.are punishable under the Indian Penal Code (e.g., Sections 463, 464, 465, 468, 471) and the Registration Act (Section 82). Penalties may include imprisonment, fines, or both, depending on the severity of the offence.
In conclusion, Section 34 of the Registration Act, 1908, establishes a limited but crucial procedural safeguard to ensure the authenticity of documents during registration, primarily focusing on verifying execution, identity, and authority. Its proper application is vital to prevent fraud and uphold the integrity of property transactions, but it does not extend to the substantive validity of the document or the title involved.
(1) (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or
(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or
(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution,
the registering officer shall register the document as directed in sections 58 to 61 inclusive.
(2) The registering officer may, in order to satisfy himself that the persons appearing before
If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or Court as the 2[State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named therein."
State Amendments
Gujarat:
Same as that of Maharashtra.
[Vide Act 11 of 1960, sec. 87; Gujarat A.L.O., 1960].
Maharashtra:
&
The officer or Court, upon receipt of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required."
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or"
(b) a person in jail under civil or criminal process, or
(c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office,
shall not be required so to appear.
(2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.
The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act."
(l) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration."
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.
(1) A will or an authority to adopt, 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 the registering officer is satisfied—
(a) that the will or authority was executed by the testator or donor, as the case may be;
(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.
Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
(l) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant’s presence, open the cover, and, at the applicant’s expense, cause the contents thereof to be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall re-deposit the original will.
State Amendments
Goa:
In section 45,—
(a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the contents thereof to be made and filed in
(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any court by order to compel the production of any will.
(2) When any such order is made the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No.3 and make a notice on such copy that the original has been removed in to court in pursuance of the order aforesaid.
A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration."
Section 47 of the Registration Act, 1908, addresses the temporal effect of registered documents, establishing that such documents operate from the date of execution rather than the date of registration. This provision is crucial in determining the rights and priorities of parties involved in property transactions.
Section 47 states: "A registered document shall operate 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."
Section 47 does not prescribe any punishment; however, failure to comply with registration requirements may lead to legal disputes regarding the validity of property transactions.
This commentary highlights the significance of Section 47 of the Registration Act, 1908, in property law, emphasizing its implications for the rights of parties involved in property transactions.
All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any order agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession 1[and the same constitutes a valid transfer under any law for the time being in force\:"
Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.]
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1. Added by Act 21 of 1929, sec. 10.
&n
No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—"
(a) affect any immovable property comprised therein, or
(c) be received as evidence of any transaction affecting such property or conferring such power,
unless it has been registered:
1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]
Section 49 of the Registration Act, 1908, addresses the consequences of non-registration of documents that are required to be registered under the Act or the Transfer of Property Act, 1882. This section plays a crucial role in determining the admissibility of unregistered documents in legal proceedings, particularly concerning immovable property.
Section 49 states that no document required to be registered shall affect any immovable property, confer any power to adopt, or be received as evidence of any transaction affecting such property unless it has been registered. However, it provides a proviso allowing unregistered documents to be admissible as evidence of a contract in specific performance suits or for collateral transactions not requiring registration.
The scope of Section 49 is significant in property law, as it delineates the boundaries of what can be considered valid evidence in disputes involving immovable property. It emphasizes the necessity of registration for documents that confer rights or powers related to such properties.
Section 49 does not prescribe any specific punishment for non-compliance; rather, it outlines the legal consequences regarding the admissibility and effect of unregistered documents.
This commentary provides a comprehensive overview of Section 49 of the Registration Act, 1908, highlighting its implications in property law and the admissibility of unregistered documents in legal proceedings.
(1) Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (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.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.
Explanation.— In cases where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time
(1) The following books shall be kept in the several offices hereinafter named, namely\:—"
A—In all registration offices—
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”.
B—In the offices of Registrars—
Book 5, “Register of deposits of wills”.
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are
(l) (a) The day, hour and place of presentation, 1[the photographs and finger prints affixed under section 32A,] 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) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission.
(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General.
State Amendments
&nbs
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.
State Amendment
Maharashtra and Gujarat:
For modifiaction of section 53, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, sec. 87.
In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates.
State Amendments
Bihar:
Section 54 shall be renumbered as sub-section (1) of section 54 and after the said sub-section, as so renumbered, the following sub-section shall be added:—
“(2)(a) If, in the opinion of the Registrar, any of the indexes mentioned in sub-section (1) is in danger of being destroyed or becoming illegible wholly or partially, the Registrar may, by a written order, direct such index or such portion t
(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 shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1.
(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.
(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of
Section 55 of the Registration Act, 1908, deals with the duties and powers of registering officers concerning the registration of documents, particularly relating to immovable property. It establishes the framework within which registration is to be conducted, including the preparation of indexes and the scope of inquiry permissible by registering authorities. The section aims to ensure the proper recording of documents to facilitate transparency, legal certainty, and protection of rights in property transactions.
Section 55 mandates that registering officers shall prepare and maintain four indexes (Index Nos. I, II, III, and IV) to record details of registered documents. It specifies the contents of these indexes and the manner of their maintenance. The section also emphasizes that the registration process involves certain procedural steps, including the consideration of objections and the recording of relevant details. Importantly, the section clarifies that the registering officer's role is primarily ministerial and administrative, not adjudicatory, especially regarding the validity of the documents or the rights of the parties.
Section 55 primarily governs the procedural aspects of registration, including the preparation of indexes and the consideration of objections. It does not empower the registering officer to decide on the substantive validity of the documents or the rights of the parties involved. The section aims to facilitate the registration process while safeguarding against forgery, impersonation, or procedural irregularities. It also interacts with other provisions that specify the conditions under which documents must be registered and the consequences of non-registration.
While Section 55 itself does not prescribe specific punishments, violations related to the registration process, such as false registration, forgery, or failure to maintain proper records, are punishable under the Indian Penal Code and the Registration Act, 1908. Penalties include fines and imprisonment, especially for offences like making false statements, forgery, or abetment [“”].
In conclusion, Section 55 of the Registration Act, 1908, establishes a procedural framework for registration, emphasizing the limited role of registering officers and safeguarding the rights of parties by ensuring proper record-keeping and transparency. Its interaction with other legal provisions underscores that substantive questions of title or validity are to be resolved by civil courts, while registration acts as a vital record for evidentiary and priority purposes.
[Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), sec. 2.]
The Registration Act, 1908, is a significant piece of legislation in India that governs the registration of documents related to immovable property. Section 56 specifically addresses the procedural aspects of document registration, particularly concerning the transmission of entries in indexes maintained by the registering authorities.
Section 56 mandates that copies of entries in Indexes Nos. I, II, and III must be sent by the Sub-Registrar to the Registrar and filed accordingly. This provision ensures that there is a systematic record of all registered documents, facilitating transparency and accessibility.
The scope of Section 56 is primarily administrative, focusing on the maintenance and transmission of records related to registered documents. It plays a crucial role in ensuring that the registration process is transparent and that records are readily available for public inspection.
While Section 56 itself does not prescribe specific penalties, the broader framework of the Registration Act includes penalties for non-compliance with registration requirements. Violations related to the registration process can lead to fines or other legal consequences as outlined in other sections of the Act.
This commentary highlights the significance of Section 56 within the Registration Act, 1908, emphasizing its role in promoting transparency, preventing fraud, and ensuring the integrity of property transactions in India.
(1) Subject to the previous payment of the fees payable in that behalf, 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."
(2) 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.
(3) Subject to the same provisions, 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
(l) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:—
(a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;
(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole o
The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day."
(1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “registered”, together with the number and page of the book in which the document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned.
State Amendments
Bihar:
In sub-section (1), for the words “together with the number and page of the book in which t
(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1."
(2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.
State Amendments
Andhra Pradesh:
In section 61, after sub-section (1), add the following:—
“Provided that the copying of the items referred to above may be done by using elect
(1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office."
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original.
State Amendments
Delhi:
Same as in Punjab.
[See G.S.R. 465, Gazette of India, Pt. II, Sec. 3(i), p. 499 (w.e.f. 1-4-1965)].
Goa:
&n
(1) Every registering officer may, at his discretion, administer an oath to any person examined by him under the provisions of this Act.
(2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer.
(3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.
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 thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1."
(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district 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 or plan (if any), and shall forward a memorandum of the document to each of the Sub-Registrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file in his Book No. 1.
(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 situate."
(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate.
(3) 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.
(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.
On any document being registered under section 30, sub-section (2), a copy of such document and of the endorsements and certificate thereon shall be forwarded to every Registrar within whose district any part of the property to which the instrument relates is situate, and the Registrar receiving such copy shall follow the procedure prescribed for him in section 66, sub-section (1).
(E) Of the controlling powers of Registrars and Inspector-General.
(1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered.
State Amendment
Sections 68A and 68B
Bihar:
After section 68 insert as under:
“68A. Prohibition of unlicensed person.—(1) No person who is
(1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the 1[State Government], and shall have power from time to time to make rules consistent with this Act—"
(a) providing for the safe custody of books, papers and documents; 2[***]
3[(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]
(b) declaring what language shall be deemed to be commonly used in each district;
(c) declaring what territorial divisions shall be recognized under section 21;
(d) regulating the amount of fines imposed und
The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee.
State Amendments
Andhra Padesh:
In its application to the State of Andhra Pradesh, after Part XI, insert the following Part XIA, namely,—
“Part IXA
Registration of Documents by Means of electronic Devices
70A. Application of this part.—This part shall apply to the areas only in respect of which a notification is issued by the Government of Andhra Pradesh under section 70B.
70B. Documents scanned by electronic de
(1) 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; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded."
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
Section 71 of the Registration Act, 1908, delineates the procedural requirements and obligations of Sub-Registrars when refusing to register a document. It emphasizes the importance of recording reasons for refusal, ensuring transparency, accountability, and providing a remedy for aggrieved parties. This section plays a pivotal role in maintaining the integrity of the registration process and safeguarding the rights of parties involved in property transactions.
Section 71 of the Registration Act, 1908, establishes a vital procedural safeguard ensuring that refusals to register are transparent, justified, and subject to review. It underscores the importance of recording specific reasons, providing a remedy to aggrieved parties, and maintaining the integrity of the registration process. Judicial pronouncements reinforce that any deviation from these principles renders refusals illegal and susceptible to judicial review, thereby upholding the rule of law and protecting property rights.
(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order."
(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration.
(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, 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."
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints.
In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire—"
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration.
(1) 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."
(2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also direct by whom the whole or any part of the costs o
(1) Every Registrar refusing—"
(a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or
(b) to direct the registration of a document under section 72 or section 75,
shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
(1) Where the Registrar refuses to order the document to be registered, under section 72 or a decree 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.
(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit.
1[***] The 2[State Government] shall prepare a table of fees payable—
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents, before on or after registration;
and of extra or additional fees payable—
(d) for every registration under section 30;
(e) for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
(h) for the safe custody and return of document; and
(
A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office."
All fees for the registration of documents under this Act shall be payable on the presentation of such documents."
State Amendments
Andhra Pradesh:
After section 80 of the principal Act, the following section shall be inserted, namely:—
“80A. Recovery of deficit registration fees.—(1) Notwithstanding anything contained in section 80, if after the registration of document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit in the fee paid, as the case may be, may, on a certificate of the registering officer be recovered from the person who represented such document for registration under section 32, as an arrear of a land revenue:
&
Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.
State Amendments
Goa:
In section 81,—
(a) for the words “or registering of any document”, the words “registering, or filing a
Whoever—"
(a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act,
shall be punis
Section 82 of the Registration Act, 1908, prescribes penalties for making false statements, delivering false copies or translations, false personation, and abetment in relation to the registration of documents. It aims to prevent fraudulent activities and ensure the integrity of the registration process, which is crucial for the authenticity of property transactions and other legal documents.
Section 82 criminalizes specific acts committed in the context of registration, including:- Intentionally making false statements before a registering officer.- Delivering false copies or translations of documents.- Falsely personating another individual to present documents or make statements.- Abetting any of these acts.The section provides for punishment up to seven years imprisonment, fine, or both.
The core elements required to establish an offence under Section 82 are:- The act must be intentional.- The act must be done before an officer acting in execution of the Act.- Acts include making false statements, delivering false copies, false personation, or abetment.- The acts must be related to proceedings or inquiries under the Registration Act.- The acts must be proven to be done with knowledge of their falsehood or intent to deceive.
Section 82 applies specifically to offences committed during the process of registration and related proceedings. It covers acts of dishonesty that undermine the registration system, such as forging documents, false statements, impersonation, and delivering false copies. The section is designed to complement civil registration procedures by penalizing fraudulent conduct, but it does not extend to civil disputes unless the acts involve criminal misconduct like forgery or false personation.
The section prescribes a maximum punishment of imprisonment for up to seven years, along with the possibility of fine or both. The severity of punishment depends on the nature of the offence and the court's discretion based on the facts and circumstances of each case.
This concise commentary encapsulates the legal position, essential ingredients, scope, and judicial interpretations surrounding Section 82 of the Registration Act, 1908, supported by relevant case law and authoritative sources.
(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, 1[***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed."
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class.
State Amendments
Goa, Daman and Diu:
In section 83, for sub-section (1), substitute the following:—
“(1) No prosecution for any offence under this Act shall be commenced save by or with the permission of the Inspector-Gene
(1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860)."
(2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so.
(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act.
Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed."
No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity."
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure."
State Amendment
Orissa:
After section 87, insert the following new section:—
“87A. Delegation of powers.—The State Government may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated.”
[Vide Orissa Act 7 of 1964, sec. 2 (w.e.f. 4-5-1964)].
1[(1) Notwithstanding anything contained in this Act, it shall not be necessary for,—"
(a) any officer of Government, or
(b) any Administrator-General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government,
to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58.
(2) Any instrument
(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1."
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.
(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), s
Section 89 of the Registration Act, 1908, deals with the procedure for the transmission and filing of copies of certain orders, certificates, and instruments by courts and authorities to the registering officers. It plays a crucial role in ensuring that relevant legal documents, especially those related to property rights, are properly recorded in the official registers, facilitating transparency and legal certainty in property transactions.
Section 89 mandates that courts and certain authorities shall send copies of specific decrees, orders, certificates, and instruments to the registering officers within their jurisdiction. These copies are to be filed in the register maintained by the registering officer, typically in Book No. 1, either physically or by way of scanning, as per the amendments and rules made under the Act.
Section 89 itself does not specify penalties for non-compliance. However, failure to send or file the required documents may attract penalties under the general provisions of the Registration Act or other applicable laws, including penalties for false statements or improper registration.
Note: The references are based on the provided sources, primarily from the legal judgments and commentaries that interpret Section 89 of the Registration Act, 1908.
(1) Nothing contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely\:—"
(a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land-revenue, and which form part of the records of such settlement; or
(b) documents and maps issued, received or authenticated by any officer engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey; or
(c) documents which, under any law for the time being in force, are filed periodically in any revenue offi
1[(1)] Subject to such rules and the previous payment of such fees as the 2[3[State Government], by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies."
4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.]
State Amendments
Section 91A
Tripura:
After section 91, insert as under:
&
[Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.]
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