LAND LAWS

SEM IV: S.Y.LL.B. & SEM VIII: IV Y.B.L.S./LL.B.

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
LAND ACQUISITION: WHO ACQUIRES, WHY AND FROM
WHOM?

WHO •APPROPRIATE GOVERNMENT

ACQUIRES? •S. 3(e) of LARR 2013

WHY ACQUIRE •ONLY FOR PUBLIC PURPOSE

LAND? •S. 2 of LARR 2013

•PRIVATE PERSONS/ AFFECTED FAMILIES

FROM WHOM? •S. 3(c) of LARR 2013

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

LAND ACQUISITION: POSSIBLE CONSEQUENCES

IF APPROPRIATE GOVERNMENT
ACQUIRED LAND, FOLLOWING
CONSEQUENCES MAY FOLLOW: LOSS OF
LIVELIHOOD

DISPLACEM LOSS OF
ENT ASSETS

DEGRADATI IF THESE CONSEQUENCES

VIOLATION ON OF
OF BASIC COMMUNITY FOLLOW, PERSONS FROM WHOM
RIGHTS LIFE LAND IS ACQUIRED MAY QUALIFY
AS AFFECTED FAMILIES OR
DISPLACED PERSONS

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

LAND ACQUISITION: KEY ISSUES

• STATES HAVE REGULATED POWER TO ACQUIRE PRIVATE PROPERTY

STATE’S POWER TO ACQUIRE PRIVATE PROPERTY: CONCEPT OF
EMINENT DOMAIN BUT THIS SHOULD BE EXERCISED ONLY FOR
GENUINE “PUBLIC PURPOSE”
• HOW DO YOU ENSURE THAT PERSONS AFFECTED BY LAND ACQUISITION
ARE ABLE TO ENJOY SAME POSITION THEY HELD BEFORE ACQUISITION?

PROTECTION OF THE RIGHTS OF PERSONS DISPLACED ON ACCOUNT OF

OR AFFECTED BY LAND ACQUISITION

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

LAND ACQUISITION LAW: RATIONALE

■ RIGHT BALANCE BETWEEN POWER OF STATE TO ACQUIRE PRIVATE LAND AND

RIGHTS OF DISPLACED OR THOSE AFFECTED BY ACQUISITION
■ PROTECTION AGAINST MISAPPROPRIATION OF LAND
■ PROCESS OF ACQUISITION SHOULD BE HUMANE, FAIR AND TRANSPARENT
■ RIGHT TO FAIR COMPENSATION, REHABILITATION AND RESETTLEMENT
■ SHOULD CAUSE MINIMUM INCOVENIENCE TO PEOPLE AFFECTED FROM THE
PROCESS OF ACQUISITION
■ HENCE, IMPORTANT TO REGULATE THE PROCESS OF LAND ACQUISITION

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

LAND ACQUISITION ACT, 1894
■ LAA 1894 EMPOWERED STATE TO ACQUIRE PRIVATE PROPERTY FOR PUBLIC
PURPOSE
■ DID NOT CONTAIN PROVISIONS ON REHABILITATION AND RESETTLEMENT
■ DID NOT CONTAIN PROVISIONS ON SOCIAL IMPACT ASSESSMENT
■ DID NOT CONTAIN PROVISIONS ON FOOD SECURITY
■ DID NOT PROVIDE APPROPRIATE LEGAL FRAMEWORK ON SETTLEMENT OF
DISPUTES ARISING FROM COMPULSORY ACQUISITION OF LAND
■ DID NOT PROVIDE FOR CONSENT OF AFFECTED PERSONS, ESPECIALLY WHEN LAND
IS ACQUIRED FOR PRIVATE ENTITIES AND THE CONSEQUEN APPREHENSION IT
CREATES

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION,
REHABILITATION AND RESETTLEMENT ACT, 2013
■ REPLACES THE LAND ACQUISITION ACT, 1894 (LAA 1894)
■ RECOGNITION OF NEED TO REPLACE OVER A CENTURY OLD LAW AND LEGALLY
RECOGNISED PRINCIPLES OF FAIR COMPENSATION, TRANSPARENCY,
REHABILITATION AND RESETTLEMENT
■ THE LAND ACQUISITION (REHABILITATION AND RESETTLEMENT) BILL 2011 WAS
INTRODUCED IN PARLIAMENT
■ UNTILMATELY LED TO THE ENACTMENT OF THE LAND ACQUISITION ACT 2013

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

IMPROVEMENTS BY LARR 2013 ON LAA 1894
LAA 1894
NO PROVISION ON SIA
NO PROVISION ON R&R
NO PROVISION ON CONSENT
COMPENSATION BASED ON MARKET VALUE
© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
LARR 2013
INCLUDES PROVISION ON SIA WITH EXCEPTION
OF LAND ACQUISITION FOR URGENCY
INCLUDES PROVISION ON R&R
NO CONSENT FOR GOVERNMENT PROJECTS,
INCLUDES PROVISION ON CONSENT OF 70%
AFFECTED FAMILIES IN CASE OF PPP PROJECTS
AND 80% CONSENT IN CASE OF PRIVATE
PROJECTS
MARKET VALUE FOR URBAN AREAS AND
MARKET VALUE FOR RURAL AREAS ALONG
WITH FACTORS
OBJECTS OF LARR 2013
ENSURE A HUMANE, PROVIDE JUST AND FAIR MAKE ADEQUATE ENSURE THAT
PARTICIPATIVE, COMPENSATION TO PROVISIONS FOR CUMULATIVE OUTCOME
INFORMED AND AFFECTED FAMILIES AFFECTED PERSONS OF COMPULSORY
TRANSPARENT PROCESS WHOSE LAND HAS BEEN THROUGH ACQUISITION SHOULD BE
FOR ACQUISITION OF ACQUIRED OR REHABILITATION AND THAT AFFECTED
LAND FOR PROPOSED TO BE RESETTLEMENT PERSONS BECOME
INDUSTRIALISATION, ACQUIRED BY SUCH PARTNERS IN
DEVELOPMENT OF ACQUISITION DEVELOPMENT LEADING
ESSENTIAL TO IMPROVEMENT IN
INFRASTRUCTURAL [1000] + [1000] THEIR POST-ACQUISITION
FACILITIES AND SOCIAL AND ECONOMIC
URBANISATION – WITH [100% SOLATIUM] STATUS
LEAST DISTURBANCE TO
LAND OWNERS AND
OTHER AFFECTED
FAMILIES

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

APPLICABILITY OF LARR 2013 (S.2)
■ PROVISIONS ON LAND ACQUISITION, COMPENSATION, REHABILIATION AND
RESETTLEMENT APPLY WHEN APPROPRIATE GOVERNMENT ACQUIRES LAND FOR
FOLLOWING PUBLIC PURPOSES: [S.2(1)]
Ø STRATEGIC PURPOSES RELATING TO NAVAL, MILITARY, AIR FORCE AND ARMED FORCES
INCLUDING CENTRAL PARAMILITARY FORCES OR ANY WORK VITAL TO NATIONAL
SECURITY/ DEFENCE OF INDIA/ STATE POLICE/ PUBLIC SAFETY
Ø INFRASTRUCTURE PROJECTS
Ø HOUSING PROJECTS FOR SUCH INCOME GROUPS AS SPECIFIED BY GOVERNMENT
Ø PROJECTS FOR PROJECT-AFFECTED FAMILIES
Ø PROJECTS FOR PLANNED DEVELOPMENT OR IMPROVEMENT OF VILLAGE SITES OR ANY
SITE IN URBAN AREAS OR PROVISION OF LAND FOR WEAKER SECTIONS IN URBAN AND
RURAL AREAS
Ø RESIDENTIAL PROJECTS FOR LANDLESS/ POOR OR FOR PERSONS RESIDING IN AREAS
AFFECTED BY NATURAL CALAMITIES OR DISPLACED PERSONS

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

APPLICABILITY OF LARR 2013 (S.2)
■ PROVISIONS ON LAND ACQUISITION, CONSENT, COMPENSATION, REHABILIATION
AND RESETTLEMENT APPLY WHEN APPROPRIATE GOVERNMENT ACQUIRES LAND
FOR FOLLOWING PUBLIC PURPOSES: [S.2(2)]
■ IF LAND IS TO BE ACQUIRED FOR PRIVATE COMPANIES FOR PUBLIC PURPOSES
MENTIONED U/S 2 (1) PRIOR CONSENT OF AT LEAST 80% OF AFFECTED FAMILIES
■ IF LAND IS TO BE ACQUIRED FOR PUBLIC PRIVATE PARTNERSHIP PROJECTS FOR
PUBLIC PURPOSES U/S 2(1), PRIOR CONSENT OF AT LEAST 70% OF AFFECTED
FAMILIES

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

APPLICABILITY OF LARR 2013 (S.2)

■ PROVISIONS RELATING TO REHABILITATION AND RESETTLEMENT SHALL APPLY IN

CASES WHERE— [S.2(3)]
Ø A PRIVATE COMPANY PURCHASES LAND, EQUAL TO OR MORE THAN SUCH LIMITS IN
RURAL AREAS OR URBAN AREAS, AS MAY BE PRESCRIBED BY THE APPROPRIATE
GOVERNMENT, THROUGH PRIVATE NEGOTIATIONS WITH THE OWNER OF THE LAND;
Ø A PRIVATE COMPANY REQUESTS THE APPROPRIATE GOVERNMENT FOR ACQUISITION
OF A PART OF AN AREA SO PRESCRIBED FOR A PUBLIC PURPOSE
Ø IF ANY PURCHASE IS MADE WITHOUT COMPLYING WITH THE PROVISIONS OF R&R
PROVISIONS, SUCH PURCHASE WILL BE VOID AB INITIO

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

SOCIAL IMPACT ASSESSMENT (S.4-9)
■ TO BE UNDERTAKEN WHEN APPROPRIATE GOVERNMENT WANTS TO ACQUIRE LAND FOR PUBLIC PURPOSE
■ SIA TO BE MADE IN CONSULTATION WITH PANCHAYAT, MUNICIPALITY OR MUNICIPAL CORPORATION OF THAT AREA
WITHIN 6 MONTHS FROM THE DATE OF ITS COMMENCEMENT

DOES ESTIMATION
ACQUISITION OF AFFECTED
SERVE FAMILIES/
PUBLIC DISPLACED
PURPOSE? PERSONS

WHETHER
LAND EXTENT OF
SIA MUST COVER THE ACQUISITION
AT ALTERNATE
PROPERTIES
FOLLOWING SITE HAS TO BE
BEEN AFFECTED
CONSIDERED

STUDY ON WHETHER
SOCIAL EXTENT OF
IMPACTS OF LAND TO BE
ASSESSMENT ACQUIRED IS
AND COST OF BARE
REMEDY MINIMUM

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

SOCIAL IMPACT ASSESSMENT (S.4-9)

■ LIVELIHOODS OF AFFECTED FAMILIES

■ PUBLIC AND COMMUNITY PROPERTIES, ASSETS AND INFRASTRUCTURE, PARTICULARLY
ROADS, PUBLIC TRANSPORTS, DRAINAGE, SANITATION, SOURCES OF DRINKING WATER,
SOURCES OF WATER FOR CATTLE, COMMUNITY PONDS, PLANTATIONS
■ PUBLIC UTILITIES SUCH AS POST OFFICE, FOOD STORAGE UNIT, GODOWNS, ELECTRICITY
SUPPLY, HEALTHCARE FACILITIES, SCHOOLS AND EDUCATIONAL OR TRAINING CENTRES,
AANGANWADIS, CHILDREN PARKS, PLACES OF WORSHIP, LAND FOR TRIBAL INSTITUTIONS,
BURIAL AND CREMATION GROUNDS
■ PUBLIC UTILITIES SUCH AS POST OFFICES, FAIR PRICE SHOPS, FOOT STORAGE GODOWNS,
HEALTH CARE FACILITIES, EDUCATIONAL FACILITIES, AANGANWADIS, PLACES OF WORSHIP,
BURIAL AND CREMATION GROUNDS
■ PUBLIC HEARING TO BE HELD WHILE STUDYING SIA SO THAT AFFECTED FAMILIES HAVE THEIR
VIEWS AND CONCERNS ADDRESSED

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

SOCIAL IMPACT ASSESSMENT (S.4-9)
■ COPIES OF SIA REPORT HAVE TO BE MADE AVAILABLE TO PANCHAYAT, MUNICIPALITY OR
MUNICIPAL CORPORATION IN LOCAL LANGUAGE AND TO CONCERNED OFFICERS AND
ARE TO PUBLISHED ON WEBSITES OF GOVERNMENT U/S 6
■ SIA REPORT IS THEN SCRUTINISED AND EVALUATED BY INDEPENDENT MULTI
DISCIPLINARY EXPERT GROUP APPOINTED BY THE APPROPRIATE GOVERNMENT
■ IF EXPERT GROUP OPINES THAT THE PROJECT DOES NOT SERVE PUBLIC PURPOSE OR
SOCIAL COSTS OUTWEIGH POTENTIAL BENEFITS, THEN IT MAY MAKE
RECOMMENDATION WITHIN 2 MONTHS THAT THE PROJECT BE ABANDONED, IF NOT,
WITHIN 2 MONTHS, IT MAKES A REPORT ALONG WITH VALID REASONS U/S 7
■ APPROPRIATE GOVERNMENT TO EXAMINE OTHER REPORTS AND RECOMMEND AREA
FOR ACQUISITION WHILE ENSURING MINIMUM ADVERSE IMPACT IS CAUSED TO
AFFECTED POPULATION U/S.8
■ IF LAND IS TO BE ACQUIRED FOR URGENCY THEN U/S. 40, APPROPRIATE GOVERNMENT
IS NOT REQUIRED TO UNDERTAKE AN SIA STUDY (S.9)

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

FOOD SECURITY
■ IRRIGATED MULTI-CROPPED LAND CANNOT BE ACQUIRED UNDER LARR 2013
UNLESS FOLLOWING CONDITIONS ARE SATISFIED
■ SUCH LAND IS TO BE ACQUIRED IN EXCEPTIONAL CIRCUMSTANCES AS A
DEMONSTRATABLE LAST RESORT
■ ACQUISITION OF SUCH LAND CANNOT EXCEED LIMITS NOTIFIED BY THE
APPROPRIATE GOVERNMETN IN ANY DISTRICT OR STATE
■ UPON ACQUISITION OF SUCH LAND, AN EQUAL AREA OF CULTIVABLE WASTELAND
SHOULD BE DEVELOPED FOR AGRICULTURAL PURPOSES OR AN AMOUNT
EQUIVALENT TO THE VALUE OF THE LAND ACQUIRED MUST BE DEPOSITED WITH
THE APPROPRIATE GOVERNMENT FOR INVESTMENT IN AGRICULTURE FOR
ENHANCING FOOD SECURITY

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

PROCEDURE FOR ACQUISITION OF LAND: S.11-30

MEASURING &
PRELIMINARY NOTIFICATION MARKING OF THE LAND
U/S. 11 IF NOT ALREADY DONE
U/S. 12

PUBLICATION OF PRELIMINARY SURVEY OF PUBLIC NOTICE OF THE

AWARD ON LAND
DECLARATION & SUMMARY LAND AND POWER TO LAND TO BE ACQUIRED
OF R&R U/S. 19 ENTER PREMISES U/S.12 ACQUISTION
GIVEN BY COLLECTOR

PREPARATION OF DRAFT AWARD ON THE TRUE

R&R SCHEME BY INQUIRY INTO
AREA OF THE LAND AND
ADMNISTRATOR & REVIEW OBJECTIONS ON
FILING AND HEARING OF DISTRIBUTION WITHIN
BY COLLECTOR U/S. 16&17
OBJECTIONS U/S. 15 12 MONTHS FROM DATE MEASUREMENT OF
AND SUBMISSION OF LAND FILED BY
APPROVED SCHEME TO OF PUBLICATION
INTERESTED PERSONS
COMMISSIONER U/S. 18 SPECIFIED U/S.19

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

HOW MUCH COMPENSATION FOR LAND ACQUISITION?: S.28
OF LARR 2013
MARKET VALUE OF THE LAND AS PER SECTION 26 MARKET VALUE OF THE LAND AS PER SECTION 26
DAMAGE SUSTAINED BY REASON OF TAKING OF MARKET VALUE, IF ANY, SPECIFIED IN INDIAN STAMP
STANDING CROPS AND TREES WHICH MAY BE ACT, 1899 FOR THE REGISTRATION OF SALE DEEDS/
PRESENT ON THE LAND WHEN COLLECTOR TAKES AGREEMENTS IN AREA WHERE LAND IS SITUATED OR
POSSESSION OF THE LAND INR 20,000
DAMAGE (IF ANY) SUSTAINED BY REASON OF AVERAGE SALE PRICE FOR SIMILAR TYPE OF LAND
SEVERING SUCH LAND FROM ANY OTHER LAND SITUATED IN NEAREST VILLAGE OR IN VICINITY OR
INR 50,000
DAMAGE (IF ANY) SUSTAINED BY REASON OF CONSENTED AMOUNT OF COMPENSATION
INJURIOUSLY AFFECTING OTHER PROPERTY, WHEREVER APPLICABLE FOR ACQUISITION
MOVABLE OR IMMOVABLE, OR HIS EARNINGS INR 5000

WHICHEVER IS HIGHER
REASONABLE EXPENSES TOWARDS CHANGING
RESIDENCE DUE TO ACQUISITION
ANY OTHER GROUND IN INTEREST OF EQUITY,
JUSTICE AND BENEFIT
© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
REHABILITATION AND RESETTLEMENT AWARD: S.31
REHABILITATION AND BANK ACCOUNT NUMBER PARTICULARS OF HOUSE
RESETTLEMENT AMOUNT FOR AMOUNT TRANSFER SITE AND HOUSE TO BE
ALLOTTED TO DISPLACED
FAMILIES
PARTICULARS OF LAND PARTICULARS OF ONE- PARTICULARS OF
TO BE ALLOTTED TO TIME SUBSISTENCE AND PAYMENT FOR CATTLE
DISPLACED FAMILIES TRANSPORTATION SHED AND PETTY SHOPS
ALLOWANCE TO BE
ALLOTTED - 5000
ONE TIME SETTLEMENT DETAILS OF PARTICULARS OF FISHING
AMOUNT TO ARTISAS EMPLOYMENT PROVIDED RIGHTS
250000
PARTICULARS OF SPECIAL PROVISIONS FOR
ANNUITY 50,000 SCT AND ST

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

LAND ACQUISITION IN CASE OF
URGENCY: S.40
■ APPROPRIATE GOVERNMENT MAY UNDERTAKE LAND ACQUISITION IN CASE OF
URGENCY
■ WITHOUT APPROPRIATE AWARD AND WITHIN 30 DAYS FROM PUBLICATION OF
NOTIFICATION IF REQUIRED FOR PUBLIC PURPOSE WHICH INCLUDES
■ DEFENCE OF INDIA
■ NATIONAL SECURITY
■ ANY EMERGENCY ARISING OUT OF NATURAL CALAMITIES
■ ANY OTHER EMERGENCY WITH APPROVAL OF PARLIAMENT

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

AUTHORITIES UNDER LARR 2013

■ NATIONAL MONITORING COMMITTEE U/S 48 FOR REVIEWING AND MONITORING,

FOR CENTRAL OR INTER-STATE PROJECTS, EFFECTIVE IMPLEMENTATION OF
REHABILITATION AND RESETTLEMENT SCHEMES IN ACCORDANCE WITH LARR 2013
■ STATE MONITORING COMMITTEE U/S 50 FOR REVIEWING AND MONITORING
IMPLEMENTATION OF REHABILITATION AND RESETTLEMENT SCHEMES IN
ACCORDANCE WITH LARR 2013
■ LAND ACQUISITION, REHABILITATION AND RESETTLEMENT AUTHORITY U/S 50 FOR
SPEEDY SETTLEMENT OF DISPUTES PERTAINING TO ACQUISITION OF LAND,
COMPENSATION, RESETTLEMENT AND REHABILITATION
■ APPOINTMENT OF PRESIDING OFFICER OF AUTHORITY AS STATED U/S 50 OF THE
LARR 2013

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

OFFENCES & PENALTIES
■ GIVING FALSE OR MISLEADING INFORMATION UNDER LARR 2013, PUNISHMENT UP
TO 6 MONTHS OR FINE OF INR 100,000 OR BOTH
■ IN CASE ANY REHABILITATION AND RELIEF BENEFIT IS ATTRACTED BY MAKING
FALSE CLAIM OR THROUGH FRAUDULENT MEANS, BENEFIT MAY BE RECOVERED BY
APPROPRIATE GOVERNMENT
■ WHERE GOVERNMENT SERVANT IS FOUND GUILTY OF ANY MALA FIDE ACTION,
INITIATION OF DISCIPLINARY PROCEEDINGS INCLUDING FINE
■ VIOLATION OF PROVISION WITH RESPECT TO COMPENSATION FOR REHABILITATION
AND RESETTLEMENT IS PUNISHMENT WITH IMPRISONMENT FOR 6 MONTHS
WHICH MAY EXTEND TO 3 YEARS OR FINE OR BOTH
■ ALL OFFENCES UNDER THE LARR 2013 ARE DEEMED TO BE NON COGNIZABLE

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

REGISTRATION ACT, 1908

■ CAME INTO FORCE ON 1 JANUARY 1909

■ REGISTRATION MEANS TO “GIVE NOTICE TO THE WORLD AT LARGE”
■ TO MAKE AVAILABLE AUTHENTIC INFORMATION ABOUT THE STATUS OF RIGHTS AND
LIABILITIES AFFECTING A PARTICULAR PROPERTY
■ TO SECURE LEGAL RIGHTS AND OBLIGATIONS AFFECTING THE PROPERTY
■ TO PREVENT FRAUD AMONGST THE PURCHASERS AND PUBLIC AT LARGE
■ REGISTRATION UNDER THE ACT IS COMPULSORY AND OPTIONAL, EACH EMBODIED
U/S 17(1) AND U/S 18 RESPECTIVELY

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

REGISTRATION ACT, 1908: WHY?

DIFFICULT TO ASCERTAIN
CERTAIN TYPES OF FRAUD MAY ALSO
AUTHENCITY OF RIGHTS
TRANSACTIONS RESULT FROM THE
AND OBLIGATIONS IN
RELATING TO PROPERTY THE ABSENCE OF ABSENCE OF
MADE BY AND BETWEEN REGISTRATION OF
REGISTRATION OF
PERSONS CERTAIN DOCUMENTS
CERTAIN DOCUMENTS

PRESERVE AN EVIDENCE IN COURT OF

AUTHENTIC RECORD OF LAW AS FAR AS
THE TERMS OF THE PROPERTY AFFECTED BY
DOCUMENTS CERTAIN DOCUMENTS

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

REGISTRATION ACT, 1908

DOCUMENTS TO BE EXCEPTIONS TO DOCUMENTS DOCUMENTS OF WHICH

COMPULSORY REGISTERED TO BE COMPULSORY REGISTRATION IS OPTIONAL
(U/S.17(1)) REGISTERED (U/S.17(2)) (U/S.18)
GIFT/ LEASE OF IMMOVABLE DECREE OR ORDER OF COURT, LEASES AFFECTING
PROPERTY, IRREVOCABLE PoA SHARES/ DEBENTURES IMMOVABLE PROPERTY FOR
RELATING TO TRANSFER OF ISSUED BY A JOINT STOCK LESS THAN 1 YEAR, WILLS
IMMOVABLE PROPERTY COMPANY, CERTIFICATE OF
TAKING PLACE ON OR AFTER SALE ISSUED PURSUANT TO A
COMMENCEMENT OF PUBLIC AUCTION
AMENDMENT IN
MAHARASHTRA

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

DOCUMENTS OF WHICH REGISTRATION IS COMPULSORY:
S.17(1)
AN INSTRUMENT OF GIFT OF
IMMOVABLE PROPERTY (a)
BY WAY OF REGISTRATION
(MAHARASHTRA AMENDMENT)
ACT IN 2010 WHICH CAME INTO
EFFECT FROM 2013, FOLLOWING
DOCUMENTS ARE SUBJECT TO
COMPULSORY REGISTRATION IN
MAHARASHTRA
© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
ANY OTHER NON-TESTAMENTARY [A LEASE OF IMMOVABLE ANY NON-TESTAMENTARY
INSTRUMENT WHICH OPERATES PROPERTY] (d) INSTRUMENT TRANSFERRING OR
TO CREATE, DECLARE, ASSIGN, ASSIGNING ANY DECREE/ ORDER
LIMIT OR EXTINGUISH ANY RIGHT, OF A COURT OR ANY AWARD, IN
TITLE OR INTEREST OF THE VALUE CASES WHERE SUCH DECREE/
OF INR 100 OR MORE TO ORDER/ AWARD PURPORTS TO
IMMOVABLE PROPERTY (b) CREATE, DECLARE, ASSIGN, LIMIT
OR EXTINGUISH ANY RIGHT, TITLE
OR INTEREST OF VALUE OF INR
ANY OTHER NON-TESTAMENTARY 100 OR MORE IN IMMOVABLE
INSTRUMENT WHICH PROPERTY (e)
ACKNOLWEDGES RECEIPT OR
PAYMENT OF CONSIDERATION ON
ACCOUNT OF THE CREATION,
DECLARATION, ASSIGNMENT,
LIMITATION OR EXTINCTION OF
SUCH RIGHT, TITLE OR INTEREST
(c)
AN AGREEMENT RELATING TO THE A SALE CERTIFICATE USED BY A AN IRREVOCABLE POWER OF
DEPOSIT OF TITLE DEEDS, WHERE COMPETENT OFFICER OR ATTORNEY RELATING TO
SUCH DEPOSIT HAS BEEN MADE AUTHORITY UNDER THE TRANSFER OF IMMOVABLE
BY WAY OF SECURITY FOR THE RECOVERY ACT PROPERTY IN ANY WAY EXECUTED
REPAYMENT OF A LOAN OR ON OR AFTER THE
EXISTING OR FUTURE DEBT COMMENCEMENT OF THE
AMENDMENT IN MAHARASHTRA
EXCEPTIONS TO DOCUMENTS OF WHICH REGISTRATION IS
COMPULSORY: S.17(2)
COMPOSITION DEED DOCUMENT MERELY ORDER GRANTING A CERTIFICATE OF SALE
CREATING A RIGHT TO LOAN OR INSTRUMENT BY CIVIL COURT
OBTAIN ANOTHER OF COLLATERAL PURSUANT TO PUBLIC
DOCUMENT SECURITY UNDER LAND AUCTION
IMPROVEMENT ACT

SHARES IN A JOINT DECREE OR ORDER OF ORDER GRANTING A

STOCK COMPANY COURT LOAN UNDER
AGRICULTURISTS LOAN
ACTS
DEBENTURES ISSUED BY GOVERNMENT GRANT OF ORDER UNDER
A JOINT STOCK COMPANY IMMOVABLE PROPERTY CHARITABLE
ENDOWMENTS ACT

ENDORSEMENT UPON INSTRUMENT OF ENDORSEMENT ON A

OR TRANSFER OF A PARTITION MADE BY MORTGAGE DEED
DEBENTURE ISSUED BY A REVENUE OFFICER
JOINT STOCK COMPANY © THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
DOCUMENTS OF WHICH REGISTRATION IS OPTIONAL: S.18
INSTRUMENTS OTHER THAN
GIFTS AND WILLS WHICH
PURPORT TO CREATE,
DECLARE, ASSIGN, LIMIT OR
EXTINGUISH ANY RIGHT,
TITLE OR INTEREST OF THE
VALUE OF INR 100 OR LESS
IN IMMOVABLE PROPERTY
INSTRUMENTS
TRANSFERRING OR
ASSIGNING ANY DECREE OR
ORDER OF COURT OR ANY
AWARD, WHEN SUCH
DECREE, ORDER OR AWARD
PURPORTS OR OPERATES TO
CREATE, DECLARE, ASSIGN,
LIMIT OR EXTINGUISH ANY
RIGHT, TITLE OR INTEREST IN
IMMOVABLE PROPERTY OF
VALUE LESS THAN INR 100
INSTRUMENT WHICH LEASES FOR IMMOVABLE ALL OTHER DOCUMENTS OF
ACKNOWLEDGE THE RECEIPT PROPERTY FOR ANY TERM WHICH REGISRATION IS NOT
OF CREATION, DECLARATION, NOT EXCEEDING 1 YEAR COMPULSORY U/S 17(1) OF
ASSIGNMENT, LIMITATION OR THE ACT
EXTINCTION OF ANY SUCH
RIGHT, TITLE OR INTEREST
INSTRUMENTS OTHER THAN WILLS
WILLS, WHICH PURPORT OR
OPERATE TO CREATE,
DECLARE, ASSIGN, LIMIT OR
EXTINGUISH ANY RIGHT,
TITLE OR INTEREST TO OR IN
MOVABLE PROPERTY
© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI
TIME LIMIT FOR REGISTRATION
■ ALL DOCUMENTS (OTHER THAN WILLS) MUST BE PRESENTED FOR REGISTRATION
WITHIN 4 MONTHS FROM THE DATE OF EXECUTION (S.23)
■ IF SEVERAL PERSONS ARE EXECUTING DOCUMENTS, THEN THE DOCUMENT CAN BE
PRESENTED FOR REGISTRATION WITHIN 4 MONTHS FROM DATE OF EACH
EXECUTION (S.24)
■ IF DOCUMENT IS NOT PRESENTED FOR REGISTRATION WITHIN PRESCRIBED PERIOD
DUE TO URGENT NECESSITY OR UNAVOIDABLE ACCIDENT, THE REGISTRAR MAY
ALLOW AN EXTENSION OF 4 MONTHS ON PAYMENT OF FINE NOT EXCEEDING 10
TIMES THE REGISTRATION FEE (S. 25)
■ WILL MAY BE PRESENTED FOR REGISTRATION AT ANY TIME (S.27)
■ IF A DOCUMENT IS EXECUTED BY ANY OR ALL PARTIES OUTSIDE INDIA AND IS NOT
PRESENTED FOR REGISTRATION WITH THE PRESCRIBED PERIOD, IT MAY BE
ACCEPTED TO THE SATISFACTION OF THE REGISTERING OFFICER (S.26)

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI

NON-REGISTRATION OF DOCUMENTS: EFFECTS
■ S.49 HIGHLIGHTS THE EFFECT OF NON-REGISTRATION OF DOCUMENTS WHICH ARE
REQUIRED TO BE COMPULSORY REGISTERED
■ CANNOT AFFECT ANY IMMOVABLE PROPERTY THAT HAS BEEN THE SUBJECT-
MATTER OF THE DOCUMENT
■ CANNOT BE RECEIVED AS EVIDENCE OF ANY TRANSACTION AFFECTING THE
IMMOVABLE PROPERTY THAT HAS BEEN THE SUBJECT-MATTER OF THE DOCUMENT
■ HOWEVER, AN UNREGISTERED DOCUMENT AFFECTING IMMOVABLE PROPERTY
WHICH REQUIRES TO BE REGISTERED MAY BE RECEIVED AS EVIDENCE
■ IN A SUIT FOR SPECIFIC PERFORMANCE UNDER CHAP. II OF SRA 1877
■ EVIDENCE OF ANY COLLATERAL TRANSACTION WHICH DOES NOT REQUIRE TO BE
EFFECTED BY A REGISTERED INSTRUMENT

© THAKUR RAMNARAYAN COLLEGE OF LAW, MUMBAI