Indian Registration Act, 1908

Act XVI of 1908

In exercise of the powers conferred by Section 89-A of the Indian Registration Act, 1908 (central Act XVI of 1908) the Government of Kerala hereby make the following rules, namely:--

S.Rule 1

These rules may be called "The Indian registration (Filing of True Copies) rules, 1967".

S.Rule 2

They shall come into force from such date as the government may by notification in the Gazette, appoint.

S.Rule 3

In these rules, unless the context otherwise requires,--

(a) "Act" means the Indian Registration Act, 1908;

(b) "Kerala Registration rules" means the rules issued under section 69 (1) of  the Act by the Inspector General of Registration with the approval of the Government, under notification dated 27/12/1958 in the Gazette  extraordinary dated 27/12/1958;

(c) "section" means a section of the Act;

(d) "true copy" means the true copy referred to in rule 4.

S.Rule 4

Every document, except as expressly provided hereunder, presented for registration under the Act, shall be duly accompanied by a true copy of such document without which the document shall not be accepted for registration.

S.Rule 5

The true copy presented with a document shall be deemed to be a copy for the purpose of clause (c) of sub-section (1) of section 52.

S.Rule 6

A true copy satisfying all the following conditions shall alone be accepted as a true copy under these rules namely:--

¹[(i) it shall be prepared in paper supplied by government for the purpose:

Provided, however that in the case of documents executed by or in favour of a co-operative society by its members, the true copy may be prepared in sheets of approved quality in which the prescribed form has been got printed by the said Co-operative society, from an approved press. ^1A[Notwithstanding anything contained in these rules, for the purpose of filing Gehan and release of Gehan, R.A.3 sized sheets shall be used.]

^1A[Provided further that for all purpose of these rules, 'true copy' also includes any electronic record as defined in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000 (Central Act 21 of 2000)

Explanation.-- For the purpose of this clause,--

(a) "Sheets of approv

S.Rule ⁶[7

As soon as a document is presented for registration, the Registering Officer shall scrutinise the original and the copy, and if it is found prima facie to be a true copy satisfying all the conditions contained in these rules, the document shall be accepted for registration as per the provisions contained in the Act. Immediately after the registration procedures have been completed and the document admitted to registration all the endorsements made on the document by the Registering Officer, (including the stamp certificate, if any, added from the office) shall be duly transcribed in the copy by the office staff preceded by the heading "copy of endorsements and certificates." The above heading shall be in a separate line immediately below the entries written by the Scribe and which has ended with the signature, name and licence number of the Scribe. The copy of the document and the endorsements transcribed thereon shall then be got compared with the original document by the members o

S.Rule 8

If an endorsement and certificate cannot be completed in the space available below the signature of the Scribe, it shall be continued in the next page. Additional sheets if necessary for the purpose shall be obtained from the presentant at the time the document is accepted for registration.

S.Rule 9

If no space is available in the sheet in which the Scribe has affixed his signature for the copying of the endorsement and certificate, the copying of the endorsement including the certificate shall be made in additional copying sheet supplied by the presentant.

S.Rule 10

The endorsement made by the Registering Officer by virtue of, his powers under the Kerala Stamp Act (such as endorsement certificate under Section 16 of that Act) shall be transcribed in the true copy just below the heading referred to in rule 7 (viz., copy of ⁷[endorsements] and certificate) and prior to the copying of the endorsement made under the Indian Registration Act, 1908.

S.¹[Rule 10A

Not withstanding anything contained in these rules, for a document in which endorsements and certificates are generated through computer system under Rule 233(c) of the Kerala Registration Rules, 1958, the transcription of all endorsements and certificate generated through computer system shall be printed on a separate copying sheet supplied for this purpose.]

S.Rule 11

When a document is accepted for registration (that is, immediately after presentation endorsement is recorded) the sheet endorsement in the following form shall be made on each of the sheets in the true copy accepted for filing "Copy of document No. ........ of........... of Book .......... contains ..............sheets .......... sheet". This shall be attested by the full signature and designation of the Registering Officer.

S.Rule 12

During the time of comparison of the true copy all the corrections (such as scorings interlineations, etc.) in the original as well as in the copy shall be duly noted and letters or figures as the case may be, as provided in Rule 128 of the Kerala Registration Rules shall be duly assigned for the purpose of the footnote to be added from the office.

S.Rule 13

All blank spaces unnecessarily left by parties in the true copy shall be ruled across and figures shall be assigned wherever necessary at the time of comparison.

S.Rule 14

At the end of the true copy ⁸[and the copy of the endorsements transcribed thereunder] all the notes of corrections shall be added as footnote as indicated in rule 128 of the Kerala Registration Rules.

S.Rule 15

Officers who compare the true copy with the original document shall ⁸[write their names and affix] their respective signatures in every page of a true copy (at the bottom) in token of their having done so.

S.Rule 16

⁹[After writing the footnotes referred to in rule 14 the person who transcribed the endorsements and the Reader and the Examiner who compared the true copy and the copy of endorsements with the original shall write their names and designation alone with their respective signatures as follows:

Endorsement copied by:

True copy and endorsement                   —      Reader
Compared by                                        —      Examiner.]

S.Rule 17

The footnotes added with reference to rule 14 shall be closed by the initials of the Registering Officer. The Registering Officer after closing the footnote, shall authenticate the entry in the true copy with his signature. He shall follow the instruction contained in rule 134 of the Kerala Registration Rules regarding attestation of corrections and authentication.

S.Rule 18

Immediately after all the above procedures are duly completed, the true copy should be filed in file boards provided for the purpose, and kept under the personal custody of the registering Officer until it is bound.

S.Rule 19

The binding of the true copies should be done as soon as sufficient number of pages, as prescribed by the Inspector-General of Registration from time to time, are completed.

S.Rule 20

The pages in the true copy of the document shall be serially numbered as soon as the document is admitted to registration, with the numbering machine provided for the purpose.

S.Rule 21

The page numbers shall be assigned above the top-borderline, at about the centre.

S.Rule 22

The serial number referred to in rule 20 shall terminate with each volume and the numbering shall be started afresh from "1" for the next volume.

S.Rule 23

The note of return recorded on the original document shall be duly transcribed in the true copy ¹⁰[and attested by the Registering Officer] with his initials with date.

S.Rule 24

The following procedure shall be adopted when documents in the form of an endorsement are presented:--

(a) When an instrument is executed in the form of an endorsement written across or at the foot or back of any instrument previously registered in the same office or in any other office which has since been abolished and whose records are kept in the office at which the endorsed deed is presented (e.g. receipt acknowledging consideration of money endorsed on the original deed), a true copy of the endorsement portion need alone be obtained. (See rule 137(i) of the Kerala Registration Rules).

(b) In cases where the endorsement has been made on an instrument registered in another office or on an unregistered instrument the presentant of the present (endorsed) document shall be required to produce a continuous copy of both the original as well as the endorsed portion as if they are a single document; but the two documents shall be distinguished with different suitable and

S.Rule 25

When a document is presented with duplicate(s) a true copy of the original document need alone be obtained for the purpose of filing. Soon after the document together with the duplicate is admitted to registration, the endorsements (including registration certificate) shall be copied into the true copy. After this, the notes of corrections made on the original document and in the true copy (including those in the endorsements) shall be added as a footnote and closed by the Registering Officer with his initials and date as usual. Immediately below this, a note with regard to the number of copies registered with the original shall be duly added. Thereafter, the notes made on the duplicate with reference to rule 109 of the Kerala Registration Rules, shall be transcribed. It should be followed by the stamp Vendor's endorsement (with stamp certificate, if any, added) on the duplicate together with the total of stamp value. Thereafter, the footnotes of correction for the duplicate shall b

S.Rule 26

Whenever a document has to be kept pending for admission to registration, the endorsements, if any, made on the original document need be transcribed in the true copy only after the registration procedure has been completed and the document admitted to registration. ¹¹[x x x x].

S.Rule 27

As regards the undermentioned classes of documents, the endorsements made thereon by a Registering Officer need not be embodied by the Scribe in the true copy presented along with the document under these rules. Such endorsements shall be transcribed by the office staff.

(a) Documents presented for re-registration under Section 24.

(b) Documents registered in wrong office and presented in the proper office as per directions of the District Registrar with reference to rule 188 of the Kerala Registration Rules.

(c) Documents refused registration and re-presented under Section 75 and rule 113 of the Kerala Registration Rules.

(d) Powers-of-attorney attested and thereafter presented for registration.

S.Rule 28

True copies shall not be obtained in the following cases:--

(a) Powers-of-attorney presented for attestation only.

(b) Wills deposited in the District Registrar's Office under Section 42.

(c) Duplicates, etc., of original documents when such duplicates, etc., are presented along with the original.

S.Rule 29

In the following cases true copies shall be obtained afresh:--

(a) A document refused registration (partially or totally) is re-presented under Section 72, 75 or 77.

(b) A document presented for re-registration under Section 23-A or 24; and

(c) A document registered in a wrong office is presented in the proper office with reference to rule 188 of the Kerala Registration Rules.

S.Rule 30

When a document is refused registration in toto by a Registering Officer, the true copy presented with the document shall be returned along with the document.

S.Rule 31

When a cover deposited under Section 42 is opened under Section 45 or 46 the contents of the Will shall be copied by the office staff and filed in Book No. 3. Necessary copying papers for this purpose shall be obtained from the persons who got the cover opened. The signatures of the Copyist, Reader and Examiner shall be affixed in the true copy. The true copy so prepared shall be treated as a copy of the original ordinary deed and filed accordingly after observing all the further regulations for the same.

S.Rule 32

A separate volume (with butts) of File Book I shall be maintained in which shall be filed:-- 

(a) Copies of Memoranda received under Sections 64, 65 and 66.

(b) Copies of records, such as certificates, orders, decrees and demands received under Section 89.

(c) Such of the papers or records for which no presentation as required by section 32 is necessary.

S.Rule 33

These rules shall have effect notwithstanding anything to the contrary contained in the Kerala Registration rules or any orders issued thereunder.

S.Rule 34

The Inspector General of Registration may, if deemed necessary, issue instructions, consistent with the provisions of the Act and these rules.

S.Indian Registration (Filing of True copies) Amendment Rules, 2025 All Amendments incorporated at appropriate place