The Registration Act, 1908

रजिस्ट्रीकरण अधिनियम, 1908

1908 का अधिनियम संख्यांक 16

18 दिसम्बर, 1908

दस्तावेजों के रजिस्ट्रीकरण से सम्बन्धित अधिनियमितियों का समेकन करने के लिए अधिनियम

S.4 [Repealed.].

[Branch Inspector-General of Sindh (Repealed).]--Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.

S.8 Inspectors of Registration offices.

(1) 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 AMENDMENT

Orissa

Amendment of section 8.--In section 8 of the Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal Act),--

[Military cantonments may be declared sub-districts or districts (Repealed).] Rep. by the Repealing and Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.]

S.10 Absence of Registrar or vacancy in his office.

(1) 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.

S.11 Absence of Registrar on duty in his district.

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.

S.12 Absence of Sub-Registrar or vacancy in his office.

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 ¹[the vacancy is filled up].

STATE AMENDMENT

Karnataka

S.13 Report to State Government of appointments under sections 10, 11 and 12.

(1) ²*** All appointments made under section 10, section 11 or section 12 shall be reported to the ¹[State Government] by the Inspector-General. (2) Such report shall be either special or general, as the ¹]State Government directs.

³* * * <

S.14 Establishments of registering officers.

²***

(2) The ¹[State Government] may allow proper establishments for the several offices under this Act.

S.15 Seal of registering officers.

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".

S.16 Register-books and fire-proof boxes.

(1) 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 InspectorGeneral, 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.

S.16A Keeping of books in computer floppies, diskettes, etc.

[16A. Keeping of books in computer floppies, diskettes, etc.-- (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.]

S.18 Documents of which registration is 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;

S.19 Documents in language not understood by registering officer.

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 AMENDMENT

S.20 Documents containing interlineations, blanks, erasures or alterations.

(1) 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.

S.22 Description of houses and land by reference to Government maps or surveys.

(1) 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 (1), 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.

S.23 Time for presenting documents.

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.

S.23A Re-registration of certain documents.

¹[23A. Re-registration of certain documents.--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 fo

S.24 Documents executed by several persons at different times.

Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.

S.25 Provision where delay in presentation is unavoidable.

(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.

S.26 Documents executed out of India.

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.

S.27 Wills may be presented or deposited at any time.

A will may at any time be presented for registration or deposited in manner hereinafter provided.

S.28 Place for registering documents relating to land.

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) ¹ [, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,]and section 18, clauses (a), (b) ²[(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 AMENDMENT

Orissa

(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 ¹[State Government] at which all the persons claiming under the decree or order desire the copy to be registered.

S.30 Registration by Registrars in certain cases.

(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

¹* * * <

S.31 Registration or acceptance for deposit at private residence.

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.

S.32 Persons to present documents for registration.

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 representive 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.

Gujarat

Amendment of section 32

S.32A Compulsory affixing of photograph, etc.

¹[32A. Compulsory affixing of photograph, etc.--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.]

STATE AMENDMENT

(1) 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;

S.34 Enquiry before registration by registering officer.

(1) 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 authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:c 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.

S.35 Procedure on admission and denial of execution respectively.

(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 registerin

S.36 Procedure where appearance of executant or witness is desired.

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 ¹[State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorised agent, as in the summons may be mentioned, and at a time named therein.

S.37 Officer or Court to issue and cause service of summons.

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.

S.38 Persons exempt from appearance at registration-office.

(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.

S.39 Law as to summonses, commissions and witnesses.

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.

S.40 Persons entitled to present wills and authorities to adopt.

(1) 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 done, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration.

S.41 Registration of wills and authorities to adopt.

(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

S.42 Deposit of wills.

Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.

S.43 Procedure on deposit of wills.

(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.

S.44 Withdrawal of sealed cover deposited under section 42.

If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorised 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.

S.45 Proceedings on death of depositor.

(1) 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.

S.46 Saving of certain enactments and powers of Courts.

(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 note on such copy that the original has been removed into Court in pursuance of the order aforesaid.

S.47 Time from which registered document operates.

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.

S.48 Registered documents relating to property when to take effect against oral agreements.

All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any 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 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.]

S.49 Effect of non-registration of documents required to be registered.

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

(b) confer any power to adopt, 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 pe

S.50 Certain registered documents relating to land to take effect against unregistered documents.

(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

S.51 Register-books to be kept in the several offices.

(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--

S.52 Duties of registering officers when document presented.

(1) (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 therefore 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 pres

S.53 Entries to be numbered consecutively.

All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year.

S.54 Current indexes and entries therein.

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

S.55 Indexes to be made by registering officers, and their contents.

(1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Ill 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

S.56 [Repealed.].

[Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed (Repealed)] Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2.

S.57 Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.

(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 or 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 e

S.58 Particulars to be endorsed on documents admitted to registration.

(1) 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

S.59 Endorsements to be dated and signed by registering officer.

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.

S.60 Certificate of registration

(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.

STATE AMENDMENTS

S.61 Endorsements and certificate to be copied and document returned.

(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.

S.62 Procedure on presenting document in language unknown to registering officer.

(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.

S.63 Power to administer oaths and record of substance of statements.

(1) Every registering officer may, at his discretion, administer an oath to any person examined by him 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.

S.64 Procedure where document relates to land in several sub-districts.

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.

S.65 Procedure where document relates to land in several districts.

(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than 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 SubRegistrars 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.

S.66 Procedure after registration of documents relating to land.

(1) On registering any nontestamentary document relating to immovable properly, 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 h

S.67 [Omitted.].

[Procedure after registration under section 30, sub-section (2).] Omitted by the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001).

STATE AMENDMENT

Karnataka

Omission of section 67.-Section 67 of the princ

S.68 Power of Registrar to superintend and control Sub-Registrars.

(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 SubRegistrar 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.

S.69 Power of Inspector-General to superintend registration offices and make rules.

(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;

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.

S.71 Reasons for refusal to register to be recorded.

(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.

(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.

S.73 Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.

(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorised 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.

S.74 Procedure of Registrar on such application.

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.

S.75 Order by Registrar to register and procedure thereon.

(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 an

S.76 Order of refusal by Registrar.

(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.

S.77 Suit in case of order of refusal by Registrar.

(1) Where the Registrar refuses to order the document to be registered, under section 72 or 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.

S.78 Fees to be fixed by State Government.

¹*** The ²[State Government] shall prepare a table of fees payable--

(a) for the registration of documents;

(b) for searching the registers;

and of extra or additional fees payable

(d) for every registration under section 30;

(e) for the issue of commissions;

S.79 Publication of fees.

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.

S.80 Fees payable on presentation.

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

STATE AMENDMENTS

Kerala

Insertion of new section 80 A.--After section 80 of the Registration Ac

S.81 Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure.

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.

S.82 Penalty for making false statements, delivering false copies or translations, false personation, and abetment.

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

S.83 Registering officers may commence prosecutions.

(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.

S.84 Registering officers to be deemed public servants.

(1) Every registering officer appointed under this Act shall be deemed to be a public servant 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.

S.85 Destruction of unclaimed documents.

Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed.

S.86 Registering officer not liable for thing bona fide done or refused in his official capacity.

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.

S.87 Nothing so done invalidated by defect in appointment or procedure.

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

Insertion of new section 87-A (Act 16 of 1908).-- After section 87 of the Indian Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal Act), the following new section shall be inserted, namely:--

"87-A. Delegation of powers.--

S.88 88. Registration of documents executed by Government officers or certain public functionaries.

¹[88. Registration of documents executed by Government officers or certain public functionaries.--(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

(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 app

S.89 Copies of certain orders, certificates and instruments to be sent to registering officers and filed.

(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 188

S.90 Exemption of certain documents executed by or in favour of Government.

(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

S.91 Inspection and copies of such documents.

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.]

S.92 [Repealed.].

[Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.

S.93 [Repealed.].

[Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.

S.भाग 1 प्रारम्भिक

S.1 संक्षिप्त नाम, विस्तार और प्रारम्भ

(1) यह अधिनियम रजिस्ट्रीकरण अधिनियम, 1908 कहा जा सकेगा ।

(2) इसका विस्तार3 सम्पूर्ण भारत पर है:

परन्तु राज्य सरकार किन्हीं जिलों या देश के किन्हीं भी भू-भागों को इसके प्रवर्तन से अपवर्जित कर सकेगी ।

(3) यह सन् 1908 की जनवरी के प्रथम दिन को प्रवृत्त होगा ।

3. 1951 के अधिनियम सं० 3 की धारा 3 तथा अनुसूची द्वारा उपधारा (2) के स्थान पर प्रतिस्थापित ।

S.2 परिभाषाएं

इस अधिनियम में, जब तक कि विषय या संदर्भ में कोई बात विरुद्ध न हो,—

(1) “अभिव्यक्ति” से वर्णित व्यक्ति का निवास-स्थान और वृद्धि, व्यापार, पंक्ति तथा उपाधि (यदि कोई हो) और यदि वह5 [भारतीय] है तो उसके पिता का नाम या जहां कि वह प्रायिक रूप से अपनी माता के पुत्र के रूप में वर्णित किया जाता है वहां उसकी माता का नाम, अभिप्रेत है;
(2) “पुस्तक” के अन्तर्गत पुस्तक का प्रभाग आता है और किसी भी संख्या में ऐसे पन्ने भी आते हैं जो इस दृष्टि से एक साथ संसक्त हों कि उनसे पुस्तक या पुस्तक का प्रभाग बनाया जाए;
(3) “जिला” और “उपजिला” से क्रमशः इस अधिनियम के अधीन बनाए गए जिला और उपजिला अभिप्रेत हैं;
(4) “जिला न्यायालय” के अन्तर्गत अपनी मामूली प्रारम्भिक सिविल अधिकारिता में काम करता हुआ उच्च न्यायालय आता है;
(5) “पृष्ठांकन” तथा “पृष्ठांकित” के अन्तर्गत इस अधिनियम के अधीन रजिस्ट्रीकरण के लिए निवेदित किसी दस्तावेज की उपरिका या आवरक-पत्री पर रजिस्ट्रीकर्ता आफिसर द्वारा की गई लिखित प्रविष्टि आती है और “पृष्ठांकन” तथा “पृष्ठांकित” ऐसी प्रविष्टि को ल

S.भाग 2 रजिस्ट्रीकरण-स्थापन के विषय में

S.3 रजिस्ट्रीकरण महानिरीक्षक

(1) राज्य सरकार अपने अधीन राज्यक्षेत्रों के लिए एक आफिसर को रजिस्ट्रीकरण महानिरीक्षक नियुक्त करेगीः

परन्तु राज्य सरकार ऐसी नियुक्ति करने के बजाय यह निदेश दे सकेगी कि एतस्मिन्पश्चात् महानिरीक्षक को प्रदत्त सब शक्तियों का और उस पर अधिरोपित सब कर्तव्यों का या उनमें से किन्हीं का भी प्रयोग या पालन ऐसे आफिसर या आफिसरों द्वारा ऐसी स्थानीय सीमाओं के भीतर किया जाएगा, जैसे या जैसी राज्य सरकार इस निमित्त नियुक्त करे ।

(2) कोई भी महानिरीक्षक, साथ-साथ सरकार के अधीन कोई अन्य पद धारण कर सकेगा ।

S.5 जिले और उपजिले

(1) राज्य सरकार इस अधिनियम के प्रयोजनों के लिए जिले और उपजिले बनाएगी और ऐसे जिलों और उपजिलों की सीमाओं को विहित करेगी और उनमें परिवर्तन भी कर सकेगी ।

(2) इस धारा के अधीन बनाए गए जिले और उपजिले, उनकी सीमाओं के सहित, और ऐसी सीमाओं का हर परिवर्तन, शासकीय राजपत्र में अधिसूचित किए जाएंगे ।

(3) हर ऐसा परिवर्तन अधिसूचना की तारीख के पश्चात् ऐसे दिन को, जैसा उसमें वर्णित हो, प्रभावी होगा ।

S.6 रजिस्ट्रार और उपरजिस्ट्रार

राज्य सरकार ऐसे व्यक्तियों को, चाहे वे लोक आफिसर हों या नहीं, जैसे वह ठीक समझे, पूर्वोक्त रूप में बनाए गए विभिन्न जिलों के रजिस्ट्रार और विभिन्न उपजिलों के उपरजिस्ट्रार क्रमशः नियुक्त कर सकेगी ।

S.7 रजिस्ट्रार और उपरजिस्ट्रार के कार्यालय

(1) राज्य सरकार हर जिले में एक कार्यालय की स्थापना करेगी जिसका नाम रजिस्ट्रार का कार्यालय होगा और हर उपजिले में कार्यालय या कार्यालयों की स्थापना करेगी जिसका नाम उपरजिस्ट्रार का कार्यालय या जिनके नाम संयुक्त उपरजिस्ट्रार के कार्यालय होंगे ।

(2) राज्य सरकार रजिस्ट्रार के किसी भी कार्यालय के साथ ऐसे रजिस्ट्रार के अधीनस्थ उपरजिस्ट्रार के किसी भी कार्यालय का समामेलन कर सकेगी और किसी भी ऐसे उपरजिस्ट्रार को, जिसके कार्यालय का ऐसे समामेलन किया गया है, अपनी शक्तियों और कर्तव्यों के अतिरिक्त उस रजिस्ट्रार की, जिसके वह अधीनस्थ है, सब शक्तियों और कर्तव्यों का या उनमें से किसी का भी प्रयोग या पालन करने को प्राधिकृत कर सकेगीः

परन्तु ऐसा कोई भी प्राधिकरण किसी उपरजिस्ट्रार को इस अधिनियम के अधीन स्वयं अपने द्वारा पारित किसी आदेश के विरुद्ध अपील सुनने के लिए समर्थ नहीं करेगा ।

S.भाग 3 रजिस्ट्रीकरणीय दस्तावेजों के विषय में

S.17 दस्तावेजें जिनका रजिस्ट्रीकरण अनिवार्य है

(1) निम्नलिखित दस्तावेजों की रजिस्ट्री करनी होगी यदि वह सम्पत्ति, जिससे उनका संबंध है, ऐसे जिले में स्थित है, जिसमें और यदि वे दस्तावेजें उस तारीख को या के पश्चात् निष्पादित हुई हैं, जिसको, 1864 का ऐक्ट संख्यांक 16 या इण्डियन रजिस्ट्रेशन ऐक्ट, 1866 (1866 का 20) या इण्डियन रजिस्ट्रेशन ऐक्ट, 1871 (1871 का 8) या इण्डियन रजिस्ट्रेशन ऐक्ट, 1877 (1877 का 3) या यह अधिनियम प्रवर्तन में आया था या आता है, अर्थात :—

(क) स्थावर सम्पत्ति के दान की लिखत,
(ख) अन्य निर्वसीयती लिखत जिनसे यह तात्पर्यित हो या जिनका प्रवर्तन ऐसा हो कि वे स्थावर सम्पत्ति पर या स्थावर सम्पत्ति में एक सौ रुपए या उससे अधिक के मूल्य का कोई अधिकार, हक या हित, चाहे वह निहित, चाहे समाश्रित हो, चाहे वर्तमान में, चाहे भविष्य में सृष्ट, घोषित, समनुदेशित, परिसीमित या निर्वापित करती हो,
(ग) ऐसी निर्वसीयती लिखत, जो ऐसे किसी अधिकार, हक या हित के, सृजन, घोषणा, समनुदेशन, परिसीमा या निर्वापन के देने किसी प्रतिफल की प्राप्ति या संदाय अभिकार करती हो, तथा
(घ) वर्षानुवर्ष या एक वर्ष से अधिक की किसी अ

S.अिुसूची अिुसूची - [अधिनियमितियों का निरसन]

निरसन अधिनियम, 1938 (1938 का 1) की धारा 2 तथा अनुसूची द्वारा निरसित ।

S.21 Description of property and maps or plans.

(1) 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.

Legal Comments

"Introduction" - The Registration Act, 1908 governs registration of non-testamentary documents relating to immovable property; Section 21 imposes mandatory description of property (and maps) in such documents to be registrable. [04200001346]
"What Section Says" - Section 21 requires that no non-testamentary document relating to immovable property be accepted for registration unless it contains a description of the property sufficient to identify it. Registration legal framework centers on pre-registration description and identity, not post-registration cancellation. , [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Essential ingredients" - A document to be registered under Section 21 must: (i) describe the property with sufficiency; (ii) pertain to immovable property; (iii) be a non-testamentary instrument creating/declaring/assigning rights in immovable property; (iv) be supported by proper stamp duty, where applicable. [Surendra Prasad Sharma VS State of Bihar through the Principal Secretary], [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Scope of Section" - Section 21 governs pre-registration scrutiny of documents; registration can be refused only on grounds of inadequate description per Section 21; post-registration cancellation power is limited and cannot be conferred on the Registrar. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [Emandla Raja Rao VS State of Telangana]
"Punishment for Section" - Penalties under the Registration Act exist for false statements etc. under Section 83; other penalties may arise under general law for fraud, but cancellation power by Registrar is not authorized by Section 21, it requires remedies under Specific Relief Act or civil proceedings. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [G. Pentaiah Goud vs State of Telangana]
"Scope of Judicial Interpretation" - Courts consistently hold that registration cannot be refused on grounds of link documents or prior validations; validation by deficit stamp or endorsement does not cure absence of registration where required; however, collateral use of unregistered documents can be allowed under Section 49 for certain purposes. [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy], [Yellapu Uma Maheswari VS Buddha Jagadheeswararao]
"Admissibility of Unregistered Documents" - Unregistered documents can be admitted for collateral purposes (e.g., severance of title, possession), but cannot be relied upon for primary relief like partition or transfer of title; registration remains mandatory for operative transfer in many contexts. [Yellapu Uma Maheswari VS Buddha Jagadheeswararao], [Joint Sub Registrar VS Maragatham]
"Precedent on Cancellation by Registrar" - Courts have consistently held that a Registrar cannot cancel a registered deed; cancellation can be sought by civil suit under Specific Relief Act or by nullification in appropriate proceedings, not by executive action or regressive registration cancellation. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [Emandla Raja Rao VS State of Telangana]
"Link with other Acts" - Registration interacts with Stamp Act, Transfer of Property Act (Section 123 for gifts etc.), and Specific Relief Act; multiple cases discuss how registration affects title, and how invalid or unregistered instruments influence rights (e.g., end stage: registration may validate deficit stamp duties but does not permit unlawful cancellation). [P Balabhaskar Reddy S/o P Mar Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department], [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy]
"Interplay with Section 17" - Section 17 lists documents that must be registered; non-testamentary instruments creating/limiting rights in immovable property of value above threshold must be registered; courts emphasize substance over nomenclature in determining what requires registration. [Yellapu Uma Maheswari VS Buddha Jagadheeswararao], [S. Kanniammal @ Mangai VS State of Tamil Nadu, The Chief Minister Cell, Chennai]
"Collateral use of unregistered instruments" - Documents not registered can still be used to prove collateral topics like possession or severance of shares, but not to transfer or convey title; the evidentiary value depends on stamping and registration status. [Yellapu Uma Maheswari VS Buddha Jagadheeswararao], [UTTAR PRADESH SMALL INDUSTRIES CORPORATION LTD. VS ANUPAM HOUSING (P) LTD]
"Effect of validation on registration" - Validation by paying deficit stamp duty can render the document admissible in evidence; however, such validation does not confer a free pass to refuse registration or to repudiate registration absent a valid statutory basis. [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy], [S. Kanniammal @ Mangai VS State of Tamil Nadu, The Chief Minister Cell, Chennai]
"Role of Sub-Registrar" - Sub-Registrar must register documents that satisfy Section 21 requirements; refusals must be justified by valid statutory grounds (i.e., insufficient property description). The Sub-Registrar’s role is judicially constrained and not to adjudicate civil disputes. [M. Subramanian VS Sub Registrar, Viralimalai Registration Office, Pudukkottai], [Gurjeet Singh Madaan VS Sub-Registrar-IX (District South-West)]
"Parking plans and registration" - Courts have considered documentary descriptions including ancillary plans (e.g., parking plans) and have viewed refusals to register when required details are missing; however such refusals must align with Section 21’s description requirement. [02100104716], [Gurjeet Singh Madaan VS Sub-Registrar-IX (District South-West)]
"Sale deeds vs. registration certificates" - Sale certificates issued by courts may be deemed non-testamentary documents; the registration duty and transfer mechanics are governed by Section 17 and 49, with strict adherence to description and identification. [ORIENTAL BANK OF COMMERCE VS RAJ KUMAR AND COMPANY], [M. Subramanian VS Sub Registrar, Viralimalai Registration Office, Pudukkottai]
"Interplay with civil remedies" - When disputes arise regarding cancelled or contested deeds, courts typically direct civil adjudication for relief under Specific Relief Act or restoration of title rather than direct writ-based cancellation; the registration regime does not void civil remedies. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [Emandla Raja Rao VS State of Telangana]
"Stamp duty and registration fees" - Stamp duty related issues may be addressed separately; registration fees are generally assessed on the value of the instrument and/or property, not on the entire suit value, depending on jurisdiction and context. [M. Rajendran VS Inspector General of Registration], [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Evidentiary impact of Section 21 description" - Adequate description and maps underpin registrability; failure to provide such details can result in refusal, but post-refusal remedies include litigation to compel proper description or renewal with corrected particulars. [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy], [M. Subramanian VS Sub Registrar, Viralimalai Registration Office, Pudukkottai]
"Impact on title certainty" - Proper registration under Section 21 fosters title certainty; improper or void registration can trigger civil challenges, leading to cancellation or declaration of invalidity under appropriate reliefs. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [Emandla Raja Rao VS State of Telangana]
"Constitutional considerations" - Courts have noted that registration processes must align with constitutional guarantees; executive orders or circulars cannot override statutory provisions governing registration. [G. Pentaiah Goud vs State of Telangana], [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand]
"Practical guidance" - For practitioners: ensure precise property description, attach requisite maps, verify stamp duty, and anticipate potential collateral admissibility issues; where registration is refused, pursue statutory avenues for correction or relief rather than attempting to compel cancellation by Registrar. [State of Telangana, Rep. , by its Principal Secretary, Revenue Department, Saifabad, Hyderabad VS P. Balabhaskar Reddy, S/o. P. Mar Reddy], [M. Subramanian VS Sub Registrar, Viralimalai Registration Office, Pudukkottai]
"Summary takeaway" - Section 21 anchors pre-registration scrutiny of immovable-property documents by mandating clear property descriptions; registration authorities lack authority to cancel registered documents; validity and transfer rights depend on proper registration, appropriate stamping, and applicable civil remedies rather than executive cancellation. [Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand], [Emandla Raja Rao VS State of Telangana]