INTRODUCTION

Human beings enter countless transactions in their lives. Law believes some of these to
be duly informed to one and all in the larger interest of society. Hence, the concept of
registration of certain human transactions by State is evolved. To ensure that this
process of registration will be carried in a proper way, the need for legislative
enactment was felt. Accordingly way back in 1908 Registration Act was enacted.

WHY REGISTRATION ACT?

Registration is placing a document in public records for due intimation to world by
charging fee. At this junction, it is deal to spell out the difference between Stamp Duty
and Registration Fee. Stamp duty is collected for the purpose of recognise right by the
State and whereas Registration is fee that is charged by the State to keep document in
public records.

1)To give information to people regarding legal rights and obligations arising or
affecting a particular property.
2)To perpetuate documents which may afterwards be of legal importance.
3)To ensure proper preservation and record of documents.
4)To prevent fraud.

CLASSIFICATION OF REGISTRABLE DOCUMENTS:

Documents

Registration Compulsory [Sec. 17] Registration Optional [Sec. 18]

SEC. 17 - DOCUMENTS WHOSE REGISTRATION IS COMPULSORY

a. Instruments of gift of immovable property.

b. Other non-testamentary instruments [Other than instruments of Gift of immovable

property]

c. Non-testamentary instruments which purport to create, declare, assign, limit or

extinguish, whether in present or in future, any such right, title or interest whether
vested or contingent, of the value of Rs. 100/- and above.

d. Leases of immovable property from year to year or any term exceeding one year or
reserving a yearly rent.

e. Non-testamentary instruments transferring or assigning any decree or order of a

court or any award in order to create interests as mentioned in clause (c)
SEC – 18 DOCUMENTS WHOSE REGISTRATION IS OPTIONAL
*Instruments, (other than instruments of gift and will) which purport or operate to
create, declare, assign, limit or extinguish, whether in present or in future, any right,
title or interest, vested or contingent of value less than Rs.100/- to or in immovable
property;

*Instrument 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;

*Leases of immovable property for any term not exceeding one year.

*Instruments transferring or assigning any decree or order of a court or award when

they purport or operate to create, declare, assign, limit or extinguish, whether in
present or in future, any right, title or interest of a value less than one hundred
rupees, to or in immovable property;

*Instruments (other than will) which create, declare, assign, limit or extinguish any
right, title or interest to or in movable property.
*Wills; and
*Other documents not required to be registered u/s 17.

TIME LIMIT FOR PRESENTATION FOR REGISTRATION?

1)A document other than a will must be presented within four months of its execution.
These limits are mandatory. If the delay is due to act of the Court, it has to be
disregarded.

2)Section 23A deals with re-registration of certain documents. The section is mainly
intended to deal with situation where the original presentation was by a person not
duly authorized.

3)Under Section 24 a document executed by several persons at different times may
be presented for registration and reregistration within four months from the date of
each execution.

4)As per Section 26 where the registering officer is satisfied that the document was
executed outside India it has been presented for registration within four months of its
arrival in India, he may accept such document for registration on payment of proper
registration fee.

5)A document executed outside India is not valid unless it is registered in India.
PLACE FOR REGISTERING DOCUMENTS PERTAINING TO LAND AND
OTHER DOCUMENTS:

1)Section 28 of the Registration Act, 1908 provides that document affecting

immovable property mentioned in Sec.17(a), (b), (c), (d), (e) and Section 17(2), etc
shall be presented for registration in the office of Sub-Registrar within whose sub-
district the whole or some portion of the relevant property is situated.

2)Regarding other documents, it has been stipulated under Section 29 of the Act that
every document not being a document referred to in Section 28 or a copy of the
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 State Government at which all the persons executing
and claiming under the document desire the same to be registered.

PERSONS WHO CAN PRESENT THE DOCUMENTS FOR REGISTRATION

Section 32 specifies the persons who can present documents for registration at the
proper registration office. Such persons are as follows:

1) Some person executing or claiming under the same, or in the case of copy of a
decree or order, claiming under the decree or order or;

2)The representative of assign of such person, or

3)The agent of such person, representative or assign, duly authorised by power of

attorney executed and authenticated in the manner of provided

4)under Section 33. Under Section 33 of the Registration Act, a Special Power of
Attorney is required.

5)A general power of Attorney will not do.

6)Section 33 requires that power of attorney, in order to be recognized as giving

authority to the agent to get document registered, should be executed before and
than authenticated by the Registrar within whose district or sub-district the principal
resides.

WHETHER REGISTRAR HAS POWER TO REFUSE REGISTRATION

YES
*If the executants has no title to the property .
*If document is presented four months after its execution
*If the document is presented by minor.
*If the property is not situated within his subdistrict. Registration cannot be refused o
IS THE REGISTRATION OF WILL OPTIONAL? EXPLAIN THE MANNER IN
WHICH IT MAY BE PRESENTED FOR REGISTRATION:

*As provided in Section 18 of the Registration Act, 1908 registration of will is optional.

*As provided in Section 40 of the Registration Act, 1908 the testor or after his death
any person claiming as executor or otherwise under will, may present it to any
Registrar and Sub-Registrar for registration.

*Any testor 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 the agent, if any, and with a statement of the nature of the document.

*On receiving such documents, the Registrar on being satisfied shall transcribe in his
Registrar Book No. 5, the superscription and shall note the date, time, month etc. of
such receipt and shall then place and retain the sealed cover in his fire-proof box.

*However, the testor may withdraw it by applying for the same and the Registrar
shall deliver it accordingly

REGISTRATION OF DOCUMENTS RELATES BACK TO THE DATE OF THEIR

EXECUTION:

Section 47 of the Registration Act, 1908 provides that 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.

*This means registration of a document relates back to the date of its execution. In
K.J. Nathan v. S.V. Maruthi Rai, AIR 1965 SC 430, the Supreme Court laid down that
as between two registered documents, the date of execution determines the priority.

*Of the two registered documents, executed by same persons in respect of the same
property to two different persons at two different times, the one which is executed
first gets priority over the other, although the former deed is registered subsequently
to the later one.

*In effect section 47 means that a document operates the date of execution [as
between the parties]. *Case Law : Gurubux Singh Vs. Kartar Singh [2002] 2 SSC
611.
EFFECT OF NON-REGISTRATION OF DOCUMENTS REQUIRED TO BE
REGISTERED

 Section 49 of the Registration Act, 1908 provides that no document required by

Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered
shall:

 affect any immovable property comprised therein; or

 confer any power to adopt; or

 be received as evidence of any transaction affecting such property or conferring

such power unless it has been registered.

 Section 49 is mandatory, and a document which is required to be registered cannot

be received in evidence as affecting immovable property.

 An unregistered document which comes within Section 17 cannot be used in any

legal proceeding to bring out indirectly the effect which it would have if registered.

 However, as provided in provisio to the Section 49, an unregistered document

affecting immovable property and required by this Act or the Transfer of Property Act,
1882 to be registered may be received as evidence of a contract in a suit for specific
performance or as evidence of any collateral transaction not to be effective by
registered instrument.

WHAT ARE THE CASES IN WHICH A COMPULSORILY REGISTRABLE

DOCUMENT CAN BE USED IN EVIDENCE, EVEN IF IT HAS NOT BEEN
REGISTERED?

 A compulsory registrable document can be used in evidence, even if it has not been
registered in the following cases:.

 When a part of the compromise related to the property which was beyond the
subject matter of the suit, had been incorporated in the compromise decree and not
being a part of the operative portion thereof did not require registration.

 The combined effect of section 53A of the transfer of property act is that an
incomplete been of transfer, though not registered or even attested, is regard, as a
contract in writing if signed by the transferor or his agent.

 An unregistered document affecting immoveable property,required to be registered,

may be received in evidence of a contact in the suit for the specific performance or as
evidence of part – performance of a contract.