University of Asia Pacific

Assignment

On

The Registration Act, 1908

Submitted to Submitted by
Ms. Azizun Nahar Md Fahim Shahriar Mozumder 18211009
Assistant Professor Jamal Uddin Ahmed 18211010
University of Asia Pacific Fahima Hasan 18211011
Salman Syed 18211012
Md Tasnimul Hasan 18211013
Khondokar Al Anim 18211016
Tahmina Yeasmin Tisha 18211017

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 Index

SL No. Name Section Page

1 Md Fahim Shahriar 32,33 3-5

Mozumder (18211009)

2 Jamal Uddin Ahmed 34,35 5-7

(18211010)

3 Fahima Hasan (18211011) 36,37 7

4 Salman Syed (18211012) 38 8

5 Md Tasnimul Hasan 40, 41 9

(18211013)

6 Khondokar Al Anim 42, 43 9-10

(18211016)

7 Tahmina Yeasmin Tisha 44, 45, 46, 47(A) 10-13

(18211017)

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Analytical Observation of the Registration Act,
1908

Persons to present documents for registration (Section 32)

During the registration of the paper, some people must be present, according to this
section.

The individual responsible for creating the application and having the document
applicant shall be present at the time of registration. Then there would have been a
representative of the abovementioned persons. Then a delegate or a nominee must
be present and approved by those individuals who have obtained attorney's
authority.

As example,

“A” wants to register a property document. At the time of the registration there will
have to present who created that document. There will also have to present a
representative for that person.

Power-of-attorney recognizable for purposes of section 32 (Section 33)

In that section it talks about the recognizable Power-of-attorney for the purposes of
section 32.

The following power of attorney will be recognized,

If, however, the person exercising the power of attorney, be it a district or a sub-
division, remains in any part of Bangladesh, the law is effective and has a power of
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attorney there before the Registrar or sub-registrar and any magistrate must
authenticate it there.

If the individual exercising a power of attorney does not remain in Bangladesh, but
rather a notary public, or any tribunal, the judge, the mage, the Bangladesh Consul
or the Vice Consultant or the Government Representative shall exercise such
power before and after that.

But there are some persons who are not required to appear before any registered
office or court for the purpose of executing any power of attorney. They are:

 Individuals who are physically challenged but do not pose a risk or have a
significant problem attending;
 Individuals who are in prison under civil or criminal proceedings
 Individuals who are free by law from personal appearance in court.

In either of those circumstances if the Registrar or the Sub Registrar or Magistrate

is satisfied that the person exercises the right of the Attorney voluntarily, then this
can be shown without his or her personal involvement in the bureau or the
aforesaid Court.

The Registrar or the Deputy Registrar or Magistrate may visit the person's home or
visit the prison where he has been confined or commission him to examine him for
the purposes of obtaining voluntary evidence of his performance.

Any power-attorney which is referred to in this section may be proved by its

production without proof when it was planned in person that it was executed by the
person or court mentioned earlier by the person or court.

As a case reference I can say,

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In the case of Manindra Mohan vs. Ranadhir, a power of attorney was signed by a
Bangladeshi citizen and recorded as a legal document. Under the authority of a
power of attorney, a written statement was filed, properly registered, and submitted
in court.

Enquiry before Registration by Registering Officer (Section 34)

No document shall be registered without enquiry of the person executing the

document before the Registering Officer within the time allowed for presentation.

The Registering Officer shall thereupon…

 Enquire whether or not such document was executed by those persons

 Satisfy himself as to the identity of the persons appearing
 Satisfy himself of the right of appearing person, representative / assign /
agent/ POA.

Note: Nothing in this Section applies to copies of decrees or orders.

SECTION-25: Under urgent necessity or unavoidable accident all such persons do

not so appear, the document may be registered within FOUR months on payment
of a fine not exceeding TEN times the amount of proper registration fee, in
addition to the FINE.

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Effect of Admission and Denial of Execution (Section 35)

Effect of Admission

➢ All persons executing the document

➢ If in the case of any person appearing by.

a. Representative

b. Assign or

c. Agent

➢ If the person executing the document is dead, his.

a. Representative or

b. Assign

The registering officers shall register the Document

Effect of Denial

➢ If any person by whom the document purports to be executed denies its

execution

➢ If any person appears to the or to be a

a. Minor

b. Idiot Or

c. Lunatic

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➢ If the person executing the document is dead, his

a. Representative Or

b. Assign

The registering officers shall refuse to register the document

Procedure where appearance of executant or witness is desired

(Section-36)

If any man or woman offering any record for registration or claiming beneath any
document, which is successful of being so presented, needs the appeal of any
persona whose presence or testimony is quintessential for the registration of such
document, the registering officer may, in his discretion name upon such officer or
Court as the Government directs in this behalf to hassle a summons requiring him
to appear at the registration-office, both in person or by using capability of way of
duly licensed agent, as in the summons can moreover be mentioned and at a time
named therein.

Officer or Court to issue and cause service of summons (Section-37)

The officer or Court, upon receipt of the peon's fee payable in such cases, shall
difficulty the summons accordingly, and reason it to be served upon the individual
whose appearance is so required.

Case law:

1. Appourva J.Patel vs The Inspector General

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2. Smt.Phul Kumari Tripathi vs Smt. Bina Devi @ Saraswati Devi on 21 July,
2003

Persons exempt from appearance at registration-office (Section 38)

According to the section 36 registering officer may call upon any person to appear
at the registration-office at the desire of the person presenting any document for
registration or claiming under any document, which is capable of being so
presented. But Section 38 puts some exception in this case. It exempts 3 types of
person from appearance at registration-office. They are –

(a) A person who by reason of bodily infirmity is unable without risk or

serious inconvenience to appear at the registration-office

(b) A person in jail under civil or criminal process

(c) Persons exempt by law from personal appearance in Court

According to the Code of Civil Procedure, 1908 persons of two category exempts
from personal appearance in court room –

 Women who, according to the customs and manners of the country, ought
not to be compelled to appear in public (sec. 132)
 Persons specified in section 133 of the CPC.

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.

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Persons entitled to present Wills and authorities to adopt (Section 40)

The testator, or any individual claiming to be executor or otherwise under a will

after his death, will present it for registration to any Registrar or Sub-Registrar.
Any registrar or Sub-Registrar may present it for registration to the donor, or after
his death, the donee, of any authority to adopt, or the adoptive son.

Registration of wills and authorities to adopt (Section 41)

A testator's or donor's will or authority to adopt can be recorded in the same way as
any other document. If the registering officer is pleased, a will or authority to adopt
submitted for registration by any other individual entitled to present it will be
registered.

(a) that the testator or donor, as the case may be, executed the will or authority;

(b) the testator or donor is no longer alive; and

(c) that the person presenting the will or authority is, under section 40, entitled to
present the same.

Deposit of wills & Procedure on deposit of wills (Section 42 & 43)

Section 42 and 43 of the Registration Act, 1908 mainly focuses on the Deposit of
Will. Will is the only document which may not need to be registered. This rule is
incorporated in section 18. But one can submit application to sub-registrar office

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for transcribe the Will in Registrar-book. The whole process is duly incorporated in
section 42 and 43.

According to the section 42, the testator may deposit his Will with Registrar. The
Will need to be in a sealed cover super scribed with the name of the testator. The
testator shall also endorse on the cover the name and address of the person to
whom the original document shall be delivered after registration thereof, after his
death. It may be mentioned here that a testator can deposit his will any time of his
lifetime to a Registrar. It can’t be deposited with sub-registrar though.

In section 43, we can see that the procedure which should be followed by the
registrar on deposit of will. 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. The he 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.

Withdrawal of sealed cover deposited under section 42 (Section 44)

 If a testator who has deposited a cover wishes to remove it,

 he can apply to the Registrar who keeps it in deposit, either directly or through
a properly authorized agent, and
 if the Registrar is satisfied that the applicant is the testator or his agent,
 the cover will be delivered.

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Proceedings on Death of depositor (Section 45)

According to this section-

(1) If a testator who has deposited a sealed cover under section 42 dies after the
testator's death,

An application is made to the Registrar who keeps it in deposit to open it, and the
Registrar is satisfied that the testator is deceased, he shall open the cover in the
applicant's presence and at the applicant's expense.

Cause the contents of the deposited will to be copied into his book No. 3 and then
give the deposited will to the testator’s nominee or delegate.

(2) If no action is taken by the testator or any other individual in respect of any will
deposited under section 44 or sub-section (1) of this section, the Registrar shall
dispose of the will or sealed cover according to the procedure outlined below.

Savings of certain enactments and powers of courts (Section 46)

(1) Nothing in this section affects the provisions of 1[the Succession Act, 1925] or
any Court's power to compel the creation of a will by an order.
(2) Unless the will has already been copied under section 45, the Registrar shall
open the cover and cause the will to be copied in to his Book No. 3 and make
notice on such copy that the original has been taken into Court in accordance
with the order aforesaid.

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Destruction of wills [Section 46(A)]

According to this section,

If the will is not registered before it is destroyed, any will in deposit with a
Registrar at the time the Registration (Amendment) Ordinance, 1962 took effect, as
well as any will deposited after that, will be destroyed by following the process
described below.

Every registering officer shall submit by post a notice to every depositor and his
candidate on the first day of July in the year following the commencement of the
Registration (Amendment) Ordinance, 1962, and on the first day of July in each
succeeding third year, inquiring about the depositor's current address, and shall
enter on the cover and in his registers any new address supplied in response to such
notice

If the Registrar is satisfied that the testator has died as a result of such notification
or in some other way, the Registrar shall open the cover in the presence of a
judicial officer after making an entry in his books as to the testator's death and the
existence of the information on which he has acted. He shall then give a notice to
the executor, if any, and to any other individual or persons deriving any profit
under the will as the two officers can decide, informing them of the existence of
the will and that unless steps are taken to register the will within six months of the
notice, the document will be destroyed.

Unless the will is actually destroyed in compliance with the provisions of the
Destruction of Records Act, 1917, the registration of the same may be affected, at

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the request of the individual entitled thereto, on payment of the proper charges,
notwithstanding the expiration of the time stated in the notice.

Case reference

1.Jagdish chand sharma vs narain singh saini

2.Allahabad vs ley Bros

3.Gurcharan singh vs prem kaur and others

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