I.

INTRODUCTION

 Commencement and Application - The Registration Act, 1908 came into force on
1/1/1909. It extends to the whole of India except State of J&K. It is to be noted that
this Act, unlike the Transfer of Property Act, strikes only at documents and not at
transactions.
 Meaning of Registration - Registration means recording of the contents of a
document with a Registering Officer, and preservation of copies of original document.

II. OBJECTIVES OF THE ACT

 To consolidate the enactments relating to registration of documents;
 To provide information to people with respect to the nature and extent of the
rights which persons may have affecting that property;
 To enable people to find out as to whether any particular property is subject to
some particular legal obligation;
 To give solemnity of form and legal importance to certain classes of documents
by directing that they shall be registered;
 To provide safety and security to transactions relating to immovable property,
even if the document is lost or destroyed;
 Another purpose is conservation of evidence, assurance of title, publicity of
documents and prevention of fraud.

Case Law :- Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana and
Another
Held :- The Supreme Court observed that this Act was enacted with the intention of
providing orderliness, discipline and public notice in regard to transactions relating
to immovable property and protection from fraud and forgery of documents of
transfer.

III. REGISTRATION ESTABLISHMENT

Note :- Section 4 & 9 of the Act have been repealed. Other sections pertaining to
registration establishment are as follows :- (IDROI) (AARES,R)

 Inspector General of Registration (Section 3) - The State Government shall

appoint an officer to be the Inspector-General of Registration for the territories
subject to such government:
 PROVIDED,  that the State Government instead of making such appointment,
may direct that the powers and duties of Inspector General shall be performed
by such officer as the State Government appoints in this behalf.
 Any Inspector-General may hold simultaneously any other office under the
Government.
 District and Sub-Districts (Section 5) - For the purposes of this Act, the State
Government shall form districts and sub-districts. It shall prescribe, and may alter,
the limits of such district and sub-districts.
  A notification in the official gazette has to be given pertaining to the districts
and sub-districts formed along withh the limits thereof, and every alteration of
such limits, shall be notified in the Official Gazette.
 Registrars and Sub-Registrars (Section 6) -The State Government may appoint
Registrars of the several districts and Sub-Registrar of the several sub-districts.
 Offices of Registrar and Sub-Registrar (Section 7) - The State Government shall
establish in every district and office to be styled the office of the Registrar and in
every sub-district an office or offices to be styled as the office of the Sub-Registrar or
the offices of the Joint Sub-Registrars.
 The State Government may amalgamate with any office of a Registrar any office
of a Sub-Registrar subordinate to such Registrar, and may authorize any Sub-
Registrar whose office has been so amalgamated to exercise and perform, in
addition to his own powers and duties, all or any of the powers and duties of
the Registrar to whom he is subordinate.
 PROVIDED that no such authorization shall enable a Sub-Registrar to hear an
appeal against an order passed by himself under this Act.

Case Law :- Heirs of N.C. Das & Smt. N.B. Das v. Beni Mohan Das

Held :- It is for the authority to decide administratively, documents of which area of the
District, Sub-District would be registered at Dhubri, and of which area at Lokraghan. There
is no bar for the authority to allow either sub-registrar's office to register a document from
any area of the sub-district. The legal mandatory requirement is that the land of the deed
must be situated within the Dhubri Sub-District.

 Inspectors of Registration Offices (Section 8) - The State Government may also

appoint officers, to be called Inspectors of Registration offices, and may prescribe the
duties of such officers. Every such Inspector shall be subordinate to the Inspector-
General.
 Absence of Registrar or vacancy in his office (Section 10) - This section provides
that :-
 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 State Government fills up the vacancy.
 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 State Government fills up the
vacancy.
 Absence of Registrar on duty in his District (Section 11) - 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.

 Absence of Sub-Registrar or vacancy in his office (Section 12) - 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 the vacancy is filled up.
 Report to State Govt. of appointment u/s 10, 11 or 12 (Section 13) - All
appointments made under section 10, section 11 or section 12 shall be reported to
the State Government by the Inspector-General. Such report shall be either special or
general, as the State Government directs.
 Establishments of Registering officers (Section 14) - The State Govt. may allow
proper establishments for the several offices under this Act.
 Seal of Registering officers (Section 15) - The several Registrars and Sub-
Registrars shall use a seal bearing the following inscription in English and in such
other language as the State Govt. directs :-
"The seal of the Registrar (or of the Sub-Registrar of....)"
 Register-Books and Fire Proof boxes (Section 16) - The State Government shall
provide for the office of every registering officer the books necessary for the purposes
of this Act.
 The books so provided shall contain the forms from time to time prescribed by
the Inspector-General, with the sanction of the 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.
 The 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.
 Keeping of books in computer floppies etc. (Section 16-A) - The books may also
be kept in computer floppies or diskettes or any other electronic form.
 REGISTRABLE DOCUMENTS (S. 17-22)

SECTION 18 - DOCUMENTS OF WHICH REGISTRATION IS OPTIONAL

 The registration of following documents is optional :-

 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;
 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;
 Leases of immovable property for any term not exceeding one year, and leases
exempted under section 17;
 Instruments which purport or operate to create, declare, assign, limit or
extinguish any right, title or interest in movable property.
 Wills and
 All other documents not required to be registered by S. 17.

SECTION 19 - DOCUMENTS IN LANGUAGE NOT UNDERSTOOD BY REGISTERING

OFFICER

 This section provides that if a document which has been presented for registration is
in a language which is not understood by the registering officer and the same is also
not commonly used in the district, then the officer shall refuse to register the
document, unless :-
 It is translated into a language which is commonly used in the District and
 Also by a true copy.

SECTION 20 - DOCUMENTS CONTAINING INTERLINEATIONS, BLANKS, ERASURES OR

ALTERATIONS

 This section provides that the registering officer may refuse to accept for registration
any document in which any interlineation, blank, erasure or alteration appears.
 Unless, the persons who are executing the document attest with their signatures or
initials such interlineation, blank, erasure or alteration.
 If the registering officer registers any such document, then he shall at the time of
registering it, make a note of such interlineation, blank, erasure or alteration.

SECTION 21 - DESCRIPTION OF PROPERTY AND MAPS OR PLANS

 This section provides that a non-testamentary document relating to immovable

property shall be accepted only if :-
 The instrument contains description of the property sufficient to identify it; and
 That, if the instrument contains a map, a copy or copies of the map shall
accompany the instrument when presented for registration.
Case Law :- M.S. Mohummad v. M. Zubir
Held :- The provisions of S. 21 are positive and imperative and not merely directory.
SECTION 22 - DESCRIPTION OF HOUSES AND LAND BY REFERENCE TO GOVT. MAPS
OR SURVEYS

 This section provides that state govt. may require by rules to describe houses (not
being in towns) and land by referring to govt. map or survey, if it is practicable.
 Failure to comply with the provisions of S. 21, shall not disentitle a document to be
registered if the description of the property to which it relates is sufficient to identify
that property.
 TIME OF PRESENTATION (S. 23- 27)

I. INTRODUCTION

 Registration of a document which has been presented for registration after the expiry
of the period provided in Part IV of the Act (S. 23 - 26) is void.
 If the registering officer registers a document which he has not presented within the
stipulated time, then he said to have acted without authority.

II. TIME OF PRESENTING (S. 23)

 Provision :- This section provides that -

 A document, other than a will, shall be presented for registration before the
proper officer within 4 months from the date of its execution.
 While computing the period of 4 months, the day on which the document is
executed should be excluded by virtue of S. 9 (1) of General Clauses Act, 1897.
 Proviso - A copy of a decree or order may be presented within 4 months from
the day on which the decree or order was made.
 Registration Act vis-a-vis S. 23 - S. 18 deals with documents of which registration
is optional.
 If it is presented before the registering office, it is also to be presented within
the time prescribed in S. 23.

Case Law :- V.K. Goel & Ors case.

Held :- Following was held :-
 Plea that registration of compromise decree is option, therefore the time
limit prescribed in S. 23 of the Act would not be applicable is not tenable.
 Non-mention of S. 18 in S. 23 clearly leads to an inference that
documents of which registration is optional are also required to be
presented within the time period provided in S. 23.

III. DOCUMENTS EXECUTED BY SEVERAL PERSONS AT DIFFERENT TIMES (S.

24)

 Where there are several persons who are executing a document at different times,
then such document may be presented for registration and re-registration within 4
months from the date of each execution.

IV. WHEN DELAY IN PRESENTATION IS UNAVOIDABLE (S. 25)

 Provisions :- Following may be noted -

 This section provides that where there is a delay in presenting a document (not
presented within 4 months as required by S. 23), and the delay was owing to :-
 Urgent necessity or
 Unavoidable accident,

then the delay can be condoned by the Registrar, provided the delay in
presenting the document does not exceed four months.

 However, while accepting a document for registration u/s 25, the Registrar
may require a payment of fine not exceeding ten times the amount of the
proper registration fee.
 If an application under this section is made to the Sub-Registrar, then he shall
forward it to the Registrar to whom he is subordinate.
 Therefore, if the delay in presentation exceeds four months, the Registrar shall have
no jurisdiction to condone the delay u/s 25 of the Act.

Case Law :- M. Rehman v. Jamila Khaitan

 Held :- The provisions of Registration Act regarding the time within which certain
acts are to be done are pre-emptory in character and are not capable of being
extended in the absence of express provisions in this behalf.

V. DOCUMENTS EXECUTED OUT OF INDIA (S. 26)

This section provides for a situation when a document has been executed out of India
and has not been presented for registration within the given time frame. In such a
case, the registering officer, if satisfied :-
 That the instrument was so executed and
 That it has been presented for registration within four months after its arrival
in India,

may accept such document for registration but only after receiving the payment of
proper registration fees.

VI. PRESENTING WILL (S. 27)

 A will may be deposited or presented for registration at any time.

 PLACE OF REGISTRATION (S. 28-31)

PLACE FOR REGISTERING DOCUMENTS RELATING TO LAND (S. 28)

 The document for registration shall be presented in the office of Sub-Registrar within
whose sub-district the whole or some portion of the property to which such
document relates is situated.

Case Law :- Dal Chand v. Lahiri

Held :- Following was held -
 The words "some portion of property" in S. 28 should be liberally construed.
 These words do not mean some substantial portion of property. It is enough to
give jurisdiction to Sub-Registrar if any portion of the property is situation
within his jurisdiction.

PLACE FOR REGISTERING OTHER DOCUMENTS (S. 29)

 Every document,
 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 State Government at which
all the persons executing and claiming under the document desire the same to
be registered.
 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 State Government at which all the persons
claiming under the decree or order desire the copy to be registered.

REGISTRATION BY REGISTRAR IN CERTAIN CASES (S. 30)

 A Registrar may receive and register any document which might be registered by any
sub-registrar subordinate to him.
 It is his discretionary power.

REGISTRATION OR ACCPETANCE FOR DEPOSIT AT PRIVATE RESIDENCE (S. 31)

 Generally, the registration or deposit of documents shall be made at the office of the
officer authorized to accept the same for registration.
 However, if special cause is shown, the registering officer may attend the residence of
any person desiring to present a document for registration or to deposit a will.
 PRESENTING DOCUMENTS FOR REGISTRATION S. 32 - 35

INTRODUCTION

 Part VI, containing S. 32 to 35, deals with the manner of presenting documents for
registration.
 Object - The object of S. 32 to 35 is to make it difficult for persons to commit fraud
by means of registration under the Act.

Case Law :- Sri Kishore Chandra Singh Deo v. Baby Ganesh Pd. Bhagat
Held :- It is the duty of courts not to allow the imperative provisions of the Act to be
defeated when it is proved that an agent who presented a document for registration
had not been duly authorised in the name prescribed by the Act to present it.

PERSONS TO PRESENT DOCUMENTS FOR REGISTRATION - S. 32

 Object - The object of S. 32 is to prevent a mere outsider from presenting for
registration a document with which he had no concern and in which he has no
interest.
 Provision - This section provides that irrespective of the fact as to whether the
registration of the document is compulsory or optional, it shall be presented before
the proper registration office 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
 Representative or assign of such person or
 Agent of such person, representative or assign duly authorised by power of
attorney executed and authenticated.
Case Law :- Jambu Prasad v. MNA Ali Khan
Held :- The Sub-Registrar's jurisdiction to register a document arose only in case a
document was presented before him for registration in accordance with law.
 Section 32-A - The person presenting the document u/s 32 has to affix his passport
size photograph and finger prints to the document. It is to be noted that when the
document relates to transfer of ownership of immovable property, then the passport
size photograph and finger prints of the buyer and as well as the seller shall be
affixed to the document.

POA RECOGNIZABLE FOR PURPOSES OF SECTION 32 - SECTION 33

 For the purposes of S. 32, the following power of attorney shall be recognized,
namely:-
 If at the time of executing the Power of Attorney, the principal resides at a place
in India in which the Act is in force, then a POA executed before and
authenticated by the Registrar or Sub-Registrar within whose district or sub-
district the principal resides;
 If at the time of executing the Power of Attorney, the principal resides at a place
in India in which the Act is not in force, then a POA executed before and
authenticated the Magistrate;
 If at the time of executing the Power of Attorney, the principal was not residing
in India, then a POA executed before and authenticated by a Notary Public, or
any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative
of the Central Govt.
 Exemption to certain persons from personal attendance - in any registration
office or court for the purpose of executing POA has been granted :-
 Those who by reason of bodily infirmity are unable to attend without incurring
risk or serious inconvenience.
 Those who are in jail.
 Those who are exempt by law from personal appearance in court.
In such cases, the registering authority, if satisfied that the POA has been voluntarily
executed by the person purporting to be the principal may attest the same without
requiring his personal attendance.
  Procuring evidence - If the registering authority seeks to obtain evidence as to the
voluntary nature of the execution, then it may
 either himself go to the house of the person or jail, as the case may be, and
 examine him or issue a commission for his examination.

ENQUIRY BEFORE REGISTRATION BY REGISTERING OFFICER (SECTION 34)

 S. 34(1) General Rule - This section provides that a document shall not be registered
unless the persons who is executing such document appears before the registering
officer within the time allowed for presentation.
Proviso - If due to urgent necessity or unavoidable accident, the concerned persons
do not appear, then the Registrar may register the document but only if the delay in
appearing does not exceed four months. The Registrar may also direct that a fine not
exceeding 10 times of the proper registration fee, in addition to the fine which may be
payable u/s 25, be paid.
 S. 34 (2) - Such appearances may be simultaneous or at different times.
 Scope of Enquiry - The registering officer shall thereupon enquire into -
 The factum of execution of document
 The identity of persons appearing before the registering authority and
 If a person appears through a representative, assignee or agent, then as
regards the right of such person to appear.

Case Law :- Gopal pandey v. DC, Bhandara and anr.

Held :- The Division Bench held that S. 34 prescribes what enquiry can be made by the
registering officer, therefore, the refusal to register a document on on account of any defect
in the title would be an illegal act on the part of the registering authority.

 Any application for a direction under the proviso to sub-section (1) may be lodged
with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is
subordinate.
 Nothing in this section applies to copies of decrees or orders.

PROCEDURE ON ADMISSION AND DENIAL OF EXECUTION RESPECTIVELY (SECTION

35)

 If the registering officer is satisfied that the persons executing the documents are
persons they represent themselves to be, and if all of them (including representative,
assignee or agent, if they appear) admit the execution of the document, then the
registering officer shall register the document.
 In order to satisfy himself about the identity of the persons appearing before him or
for any other purpose contemplated by the Act, the registering officer may examine
any one present in his office.
 S. 34 (3) The registering officer shall refuse to register the document if any person
who has executed the document denies its execution or appears to be a minor or idiot
or lunatic.
 Similarly, if the person by whom the document purports to be executed is
dead, and his representative or assignee denies its execution, the registering
officer shall refuse to register the document.
 No other or further enquiry is contemplated by the registering officer.

Case Law :- Hari Chand v. Gordhan Das

Held :- The registering officer has the power to refuse registration on the ground that
though the party executing the document admitted execution, but has not assented to it
being registered.
ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES (S. 36
TO 39)

PROCEDURE WHERE APPEARANCE OF EXECUTANT OR WITNESS IS DESIRED (S. 36)

 This section provides that the Registering officer may call upon an officer or court to
issue summons for requiring a person to appear at the registration office, if presence
or testimony of such person is necessary for the registration of the document.
 The summons may mention the following :-
 That whether the presence of the person may be required in person or through
an agent and
 The time at which the person is to be present.

OFFICER OR COURT TO ISSUE AND CAUSE SERVICE OF SUMMONS (S. 37)

 This section provides that the after receiving the peon's fee, the officer or court shall
issue summons and cause it to be served upon the person whose appearance is so
required.

PERSONS EXEMPT FROM APPEARANCE AT REGISTRATION OFFICE (S. 38)

 This section provides that the following that following persons are exempted from
personal appearance at the registration office :-
 A person who is bodily infirm and without risk of inconvenience, he will not be
appear.
 A person in jail under civil or criminal process.
 A person who is exempted from personal appearance in court. (S. 132 and S.
133 of CPC provide for a list of persons who are exempted from personal
appearance).
 In such cases, the registering officer shall himself go to the house of such person or
jail and then examine him.

LAW AS TO SUMMONSES, COMMISSIONS AND WITNESSES (S. 39)

 This section provides that the following law shall be applicable with respect to the
summonses, commissions and compelling the attendance of witnesses and for their
remuneration in suits before civil suits :-
 CPC, Order XVI (Summoning and attendance of witnesses) and
 CPC, Order XXVI, Rules 1-8 (Commissions to examine witnesses).
 A. PRESENTING WILLS AND AUTHORITIES TO ADOPT (S. 40 - 41)

PERSONS ENTITLED TO PRESENT WILLS AND AUTHORITIES TO ADOPT (S. 40)

 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.

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

Therefore, it is clear that a will and authority to adopt can be presented for
registration after the death of the testator and the donor of the authority.

REGISTRATION OF WILLS AND AUTHORITIES TO ADOPT (S. 41)

 This section provides that a will or an authority to adopt u/s 41 have to be registered
in the same manner as any other document and shall be registered if the registering
officer is satisfied-
 that the will or authority was executed by the testator or donor, as the case
may be;
 that the testator or donor is dead; and
 that the person presenting the will or authority is, under section 40, entitled to
present the same.

Case Law :- Venkatappaya v. V. Ranga

Held :- S. 40 is intended for the case of what may be called ambulatory documents,
documents which can be revoked at any moment, and which will have no binding effect till
the death of the executant, and to that extent they are taken out of S. 32.

Case Law :- Krishan Kumar v. The Registrar

Held :- Satisfaction of registering authority about the execution of will by testator is deal
with u/s 41 (2), which can be achieved by examining the attesting witnesses and the scribe.
 DEPOSIT OF WILLS (S. 42-46)

 Object of S. 42 to 46 - The object and effect of S. 42-46 had been observed in C.W.
Mariano v. The Rt. Rev. F. Provost., as follows :-

 The object of submitting the will in a sealed cover is that the provisions of the
will shall remain a secret during his life time, but on his death the terms of his
will shall be made public and copies of the will shall be available to the public.

DEPOSIT OF WILLS (SECTION 42)

 Any testator may deposit his will with any Registrar, either personally or by duly
authorized agent. The same shall be in a sealed cover superscribed with the name of
the testator and that of his agent (if any). It shall also contain a statement of the
nature of the document.
Case Law :- Charan Singh v. Balwant Singh & Ors.
Held :- The act of depositing a will u/s 42 is in accordance with law and therefore it
cannot afford a ground for construing that the will was not genuine or that the
testator did not have sound deposing mind when he executed it.

PROCEDURE ON DEPOSIT OF WILLS (SECTION 43)

 After receiving the cover, the Registrar shall transcribe in his Register book No. 5 the
superscription. This shall only be done if he is satisfied that the person presenting
the same is the testator or his agent.
 The Registrar shall also note in the same book, 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.
 Then the sealed cover shall be kept, by the Registrar in his fireproof box.

WITHDRAWAL OF SEALED COVER DEPOSITED UNDER SECTION 42 (SECTION 44)

 This section gives liberty to the testator to apply for withdrawal of the cover which he
had deposited.
 If the Registrar is satisfied that the applicant is actually the testator or his agent, he
shall deliver the cover accordingly.

PROCEEDINGS ON DEATH OF DEPOSITOR (SECTION 45)

 This section lays down that if an application has been made after the death of the
testator who had initially deposited the sealed cover u/s 42, and the Registrar is
satisfied that the testator is dead, then the Registrar shall open the cover in the
presence of the applicant and at his expense and thereafter copy the contents of it
into Book No. 3.
 When such copy has been made, the Registrar shall re-deposit the original will.

SAVING OF CERTAIN ENACTMENTS AND POWERS OF COURTS (SECTION 46)

 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.
 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 notice on such copy that the original has been removed in to court
in pursuance of the order aforesaid.

EFFECTS OF REGISTRATION AND NON-REGISTRATION (S. 47-50)

I. INTRODUCTION

 Part X, containing S. 47-50 of the Registration Act, 1908 deals with the Effects of
registration and Non-registration.
 The rule has been laid down in Section 47, that is, a registered document operates
from the time from which it would have commenced to operate, if no registration of
that was required by law and not from the time of its registration.
 The effects of non-registration of documents that are required to be registered have
been dealt under S. 49.

A. TIME FROM WHICH REGISTERED DOCUMENT OPERATES (SECTION 47)

 This section states that a registered document operates from the time from which it
would have commenced to operate if no registration of it was required and not from
the time of its registration.
 Scope of S. 47 - Registration under this Act is not complete till the document to be
registered has been copied out in the record if the registration officer as provided in
S. 61 of the Act.
Case Law :- Milkha Singh v. Tara Singh
Held :- If the document was not registered, no title in the property would pass on to
the vendees under it. However, the moment it was registered, the title in the property
passed to the transferees from the date of the execution.

B. SECTION 48

 This section states that a registered instrument is to have priority over an oral
agreement unless the agreement or declaration is accompanied or followed by
delivery of possession and constitutes a valid transfer.
 Proviso - A mortgage by deposit of title deeds shall take effect against any mortgage
deed subsequently executed and registered which relates to the same property.
 This section basically incorporates the rule of priority.

C. SECTION 49

I. CONDITIONS FOR APPLICABILITY OF SECTION 49

1. There must be a document - The terms of the section will not apply unless the
terms of the document have been reduced into writing.
2. The document must be required to be registered section 17 or Transfer of
Property Act, 1882 - It does not forbid the admissibility in evidence of documents of
which registration is optional under section 18.
3. That document must not have been registered - This section will apply only if the
document is mandatorily required to be registered by law, but has not been
registered.
II. CONSEQUENCES OF NON-REGISTRATION
A. S. 49 (a) - The document cannot affect any immovable property comprised therein or
B. S. 49 (b) - The document cannot confer any power to adopt or
C. S. 49 (c) - The document cannot be received as evidence of any transaction affecting
such property or conferring such power.
 Proviso to clause (c) - It provides that an unregistered document that affects
immovable property and which is required by law to be registered, may be received as
evidence :-
 of a contract in a suit for specific performance under Chapter II (Specific
Performance of Contracts) of Specific Relief Act or
  of a collateral transaction not required to be effected by a registered
instrument.

Case Law :- Prabhu v. Sukla

Held :- The proviso cannot abrogate the limitations put by the Specific Relief Act in the
matter of obtaining relief of specific performance of contract.

Case Law :- VH Deshpande v. RD Deshpande & others

Held :- The words "collateral purpose" means any purpose other than that of creating,
declaring, assigning, limiting or extinguishing a right to immovable property.

It is to be noted that in case the transaction is divisible and one part can be effected by a
unregistered instrument and the other requires registration, the instrument may be used
as evidence of the part that does not require registration.

III. SCOPE AND OBJECT OF SECTION 49

 Case Law :- Naib Singh v. Sewa Singh

Held :- The combined reading of S. 49 of Registration Act and S. 91 of Evidence Act,
would show that if a document is not receivable as evidence of a particular matter for
want of registration, then other proof of the matter, oral or otherwise, will be
excluded by section 91 of the Evidence Act, provided the transaction embodied is a
contract, grant or disposition of property and the prof tendered relates to the terms of
the transaction.
 It is to be noted that S. 49 does not affect the authenticity of any fact. It is not even
concerned with what can be proved and what cannot be. It only disqualifies,
unregistered documents which fall within its mischief.

IV. DISTINCTION B/W S. 49 (A) AND S. 49 (C)

Sr. Basis S. 49 (a) S. 49 (c)

No
1. Nature It refers to the document It refers to another document
which is the transaction itself. which is not the transaction
itself but which is being used
as evidence of that
transaction.

2. Effect Non-registration of a It provides a legal bar for the

document which is required to
be registered u/s 17 (1)(b) will
not create, declare, assign,
trust, or extinguish any right,
title or interest in immovable
property comprised in that
document. This is the effect of
S. 49 (a).
reception of an unregistered
document as evidence of any
transaction affecting such
immovable property comprised
in the document.

V. ILLUSTRATIONS VIS-A-VIS SECTION 49

 Document to prove nature and character of possession :- In Shalimar Tar

Producers India Ltd. H.K Sharma & others
Facts :- The unregistered document contained a written consent by the landlord to
the tenant to sub let the premises.
Held :- The court allowed an unregistered document to be produced in evidence to
show the nature of possession. It held that the lease deed was admissible to prove
the landlord's written consent. The consent was held to be a collateral purpose.
 As evidence of relationship :- In ACR Overseas Pvt. Ltd v. M/s. B.M. &
Entertainment Centre Pvt. Ltd. and anr.
 Facts :- The question was pertaining to the admissibility of unregistered lease deed.
There was an oral agreement accompanied by delivery of possession.
Held :- The same is good for the purpose of creation of jural relationship b/w the
parties. Lease deed can be admitted in evidence for collateral purpose.
 Registration of relinquishment deed - In Gurnam Singh v. Ass Kaur.
Facts :- The Punjab High Court had to decide regarding the relinquishment of rights
by Smt. Sada Kaur in favour of the appellant on the basis of following documents :-
 Statement made by Smt. Sada Kaur before the Panchayat
 Application made by her for sanction of mutation and
 The report of Patwari

Held :- The document being compulsorily registrable and not having been registered
could not be used for proving title to the property.

 As evidence of waiver (AIR 1937 Lah. 909) :  If an agriculturist mortgages his house

to the judgment creditor in a compromise of an’ execution proceeding, the mortgage
deed, though not registered, maybe admitted in evidence for the purpose of proving
that the agriculturist had waived his right to object to its attachment and sale.
Case Law :- M/s KB Saha and Sons Pvt. Ltd. v. M/s. Development Consultation Ltd.
Held :- If a document is inadmissible in evidence for want of registration, then none
of its terms can be admitted in evidence and to use such a document for the purpose
of proving an important clause would not be considered as using it for a collateral
purpose.

D. SECTION 50
 This section states that there are certain registered documents relating to land which
shall take effect against unregistered documents (but that document should not be a
decree or order), and the said documents are mentioned in :-
 S. 17 (1)(a), (b), (c) and (d) and
 S. 18 (a) and (b).
 DUTIES AND POWERS OF REGISTERING OFFICERS

INTRODUCTION

 Part XI, consisting of S. 51 - 70, deals with the duties and powers of a registering
officer.
 Te same have been explained hereinafter.

REGISTER-BOOKS TO BE KEPT IN THE SEVERAL OFFICES. (S. 51)

 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—

Book 5 - “Register of deposits of wills”.

 In Book 1 shall be entered or filed all documents or memoranda registered under

sections 17, 18 and 89 which relate to immovable property, and are not wills.
 In Book 4 shall be entered all documents registered under clauses (d) and (f) of
section 18 which do not relate to immovable property.
 Nothing in this section shall be deemed to require more than one set of books where
the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

DUTIES OF REGISTERING OFFICERS WHEN DOCUMENT PRESENTED (S. 52)

ENTRIES TO BE NUMBERED CONSECUTIVELY (S. 53)

 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.

CURRENT INDEXES AND ENTRIES THEREIN (S. 54)

 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.

INDEXES TO BE MADE BY REGISTERING OFFICERS, AND THEIR CONTENTS (S. 55)

 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.

Timing 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 names and additions of all persons claiming under the same. (5)
Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every
document entered in Book No. 4. (6) Each Index shall contain such other particulars, and shall be prepared in such form,
as the Inspector-General from time to time directs. 56. [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. (B)
As to the procedure on admitting to registration
 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 entries
respectively refer, or to his agent or representative. (4) The requisite search, under this section for entries in Book Nos.
3. and 4 shall be made only by the registering officer. (5) All copies given under this section shall be signed and sealed by
the registering officer, and shall be admissible for the purpose of proving the contents of the original documents.

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

 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 (c) any payment of money or delivery of goods made
in the presence of the registering officer in reference to the execution of the document, and any admission of
receipt of consideration, in whole or in part, made in his presence in reference to such execution. (2) If any
person admitting the execution of a document refuses to endorse the same, the registering officer shall
nevertheless register it, but shall at the same time endorse a note of such refusal.
Endorsements to be dated and signed by registering officer (S. 59)
 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.
Certificate of registration (S. 60)
 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.
Endorsements and certificate to be copied and document returned (S. 61)
 .—(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.
Procedure on presenting document in language unknown to registering officer (S. 62)
—(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.

Power of Inspector-General to remit fines (S. 70)

The Inspector-General may remit any fine levied under section 25 or section 34, and the amount of the proper
registration fee.
 SPECIFIC RELIEF ACT

GENERAL INTRODUCTION

 The law pertaining to specific relief is contained in Specific Relief Act, 1963. This Act
replaced an earlier Act of 1877. 
 It came into force on March 1, 1964.
 The Act is based on the principle of equity.
 It is a procedural law and provides certain kinds of specific relief. The Preamble of the
Act makes it clear that it is not an exhaustive one.
 This Act is used for granting specific relief for enforcing civil rights. It has no
application in enforcing penal laws (Section 4).

RECOVERING POSSESSION OF PROPERTY (S. 5 - 8)

I. INTRODUCTION

 Chapter I, containing S. 5-8, of Specific Relief Act, 1963 deals with the topic of
recovering possession of property.
 The recovery of possession of property under the Specific Relief Act, 1963 can be
divided into the following two types:
 Recovery of Possession of Immovable Property (Ss.5-6)
 Recovery of Possession of Movable Property (Ss.7-8)

RECOVERY OF SPECIFIC IMMOVABLE PROPERTY (S. 5)

 Provision - This section states that a person who is entitled to the possession of
specific immovable property may recover it by instituting a suit in the manner
provided by CPC, (e.g., a suit for ejectment on the basis of title). After obtaining a
decree for ejectment, he may execute the decree in accordance with provisions of
CPC.
 Scope - This section deals with action for recovery of possession of specific
immovable property based on title.
 Whoever proves a better title is a person entitled to possession.
 Purpose - For the purposes of this section, the possession claimed by a party should
be a juridical possession.
 Principle - Following two principles are relevant to this section :-
 Whoever has long continuous possession of an immovable property can protect
the same by seeking an injunction against any person in the world other than
the true owner.
 It is settled law that even the owner of the property can only get it back by
resorting to due process established by law.
 Meaning of 'entitled to the possession of' - It means that such person shall be
entitled to possession of immovable property in either of the following capacity :-
 As Owner or
 As Possessor.
 Res Judicata - A decision with respect to a specified part of the property in question
may not constitute res judicata in respect of any subsequent proceedings about the
entire property

CASE LAW :- R.N. DAWAR V. G.S. DHANA (PLEA OF ADVERSE POSSESSION)

HELD :- It is a settled law that a person who claims title to a property by adverse
possession must -
 Definitely allege and prove as to how and when the adverse possession commenced
 What was nature of the his possession and
 Whether the fact of his such possession was known to the real owner.
Mere fact that he had interrupted possession for several years, and hence acquire absolute
right and title is not enough to raise such a plea. Long possession is not necessarily
adverse possession.
 SUIT BY PERSON DISPOSSESSED OF IMMOVABLE PROPERTY (S. 6)

Scope/Purpose

 This section provides a summary, cheap and useful remedy to a person who has been
dispossessed from immovable property otherwise than in due course of law.
 The proceedings under this section are summary in nature and limited to finding out
question of possession, within a period of 6 months of institution of suit, ignoring
question of title.

Illustration

 Suppose A enters into peaceful possession of land claiming it as its own although he
might have no title to it, still he can sue another who has forcibly ousted him from
possession and who has no better title to it, because A, although he has no legal title,
has at least a possessory title.
Object

 To discourage people from taking law into their own hands, however, good their title
may be.
 To push the person who seeks to eject a person, into a proper court and to prevent
them from going with a high hand and ejecting such persons.

Conditions of Applicability

 The plaintiff, who has been dispossessed, must prove the following for Section 6 to be
applicable:
 That he was in juridical possession of the immovable property in dispute;
 That he had been dispossessed without his consent and otherwise than in due
course of law.
 That the dispossession took place within six months from the date of the suit.
 This section also lays down that no suit under this section shall be brought against
the govt.
 Further, this section provides that no appeal or review shall lie from any order or
decree passed under this section.

Relationship b/w. S.5 & S.6

 Section 5 & 6 give alternative remedies and are mutually exclusive.

 Under Section 5 a person dispossessed can get possession on the basis of title.
 Whereas under Section 6 a person dispossessed may recover possession merely by
proving previous possession and subsequent wrongful dispossession.
 Under Section 6 he need not prove a better title against the occupier.

Possession & Dispossession

 The term possession being used here means legal possession which may exist with or
without actual possession and without a rightful origin.
 Thus, where a trespasser is allowed to continue on the property and the owner sleeps
over his rights and makes no efforts to remove him, he will gain possession under
section 6.
 Similarly, the possession of a tenant after the termination of the tenancy continued
to be juridical possession.
 Possession under this Section can be constructive or actual (i.e., physical)

Applicability of S.6 in incorporeal or intangible rights

 S.6 does not extend to incorporeal rights because they are not rights of which
possession can be taken and delivered to the plaintiff.
 Recovery of possession where Possession is Gratuitous

 Where the person is claiming no legal interest, ownership and not claiming to be a
tenant or even a licensee in such case S.6 cannot be invoked.
 The possession would be entirely gratuitous.
 The owner would have the right to reclaim possession even without knowledge of the
person in possession.

No Appeal or Review – Sub Sec. 3

 Neither an appeal nor a review lies from the order of the Court u/s. 6.
 However, if a suit upon title is wrongly treated as a suit under section 6, then an
appeal lies.
 If the error is palpable then a revision can be preferred on various grounds and
accordingly the High Court will interfere in its Revisional jurisdiction.
 In case a revision is preferred the High Court cannot interfere in any point of law
raised for the first time in such revision before the respective High Court.

Application of the Limitation Act

 S.14 of the Limitation Act applies to the proceedings against possession.

 The suit u/s. 6 shall be filed within 6 months period as provided under the same.
 However, the 6 months limitation is not applicable to proceedings under Cr.P.C.

Suit under S. 6 is an alternative, additional remedy

 A suit to recover possession u/s is an additional remedy which can be availed within
6 months of dispossession.
 Therefore, a person can also sue to establish his title to such property to recover
possession thereof. Such a suit may be brought even beyond 6 months after
dispossession.

Possession voluntarily transferred not covered u/s 6

Case Law :- Sukhjeet Singh v. Sirajunnisa

Facts :- Tenant handed over possession of premises to landlord for the marriage of
landlord's son. Landlord did not return the possession back to tenant after marriage.

Held :- Even though tenant may have been deceived later on, but since he handed over
possession voluntarily, he could not reclaim possession u/s, as this section was not
attracted in this situation. S. 6 applies only where plaintiff is unlawfully dispossessed of
immovable property.

Action under Easement Act an alternative remedy

Case Law :- M.S. Baliga v. Mangalore City Corp.

Held :- When a licensee has been forcefully dispossessed, he has two remedies :-

1. Firstly, to bring an action for compensation u/s 64 of Easement Act

2. Secondly, to seek restoration of possession u/s 6 of Specific Relief Act.

In such a case, one remedy does not bar the other.

 RECOVERY OF SPECIFIC MOVABLE PROPERTY (S. 7)

 Provision - This section states that a person entitled to the possession of specific
movable property may recover it in the manner provided by CPC.
 Explanation 1 - A trustee may sue under this section for the possession of
movable property to the beneficial interest in which the person for whom he is
trustee is entitled.
 Explanation 2 - A special or temporary right to the present possession of
movable property is sufficient to support a suit under this section.
 Scope - This section provides specific relief for wrongful taking or detention of
movable property.
 Description of Essential Ingredients - The same are as follows :-
 Entitlement to possession :- The plaintiff must be entitled to possession. A
person may be entitled to possession by way of :-
i. Ownership or
ii. By virtue of special or temporary right.
 Special or Temporary right :- It can arise in following two ways:-
i. By the act of owner of the goods (bailment, pawn, etc.)
ii. Not by the act of owner (finder of lost goods)
 Right must be existing :- A person who does not have a right to present
possession of movable property cannot maintain a suit u/s 7. Therefore, the
plaintiff must have a right to immediate possession.
Illustration - A pledges his jewels with B to secure a loan. B disposes of the
Jewels to C before he is entitled to do so. A without having paid the amount of
the loan sues C for possession of jewels. The suit should be dismissed as A is
not entitled to immediate possession of jewels.
 Specific Property :- The property in question must be a specific movable
property.
i. It shall be ascertained or ascertainable.
ii. Specific property means the very property itself, not its equivalent.
iii. It must be capable of being seized and delivered.

LIABILITY OF PERSON IN POSSESSION, NOT AS OWNER, TO DELIVER TO PERSONS

ENTITLED TO IMMEDIATE POSSESSION (S. 8)

 Provision/Essential Ingredients - Hereinafter mentioned are some cases in which

the person who has the possession or control of a particular article or movable
 property, of which he is not the owner, may be compelled to deliver it to the person
who is entitled to its immediate possession :-
i. Agent or Trustee - When the property or thing being claimed is held by the
defendant as the agent or trustee of the Plaintiff.
ii. Adequate Relief - When the compensation is money would not result in
adequate relief for the Plaintiff for the loss of thing claimed.
iii. Ascertain Actual Damage – When it is extremely difficult to ascertain the
actual damage or loss incurred by the loss of such thing claimed.
iv. Possession – When the possession has been wrongfully transferred from the
Plaintiff.
Explanation - It raises a presumption. The Court shall presume the existence of the
fact alleged in point 2 & 3 of the abovementioned paragraph. It is for the defendant to
prove contrary.

 Illustrations of Point (2) & (3) - The same are as follows :-

Adequate Relief – When the idol of a family temple is in the custody of a retired
priest, he is bound to return it to the family.
Ascertain Actual Damage – When articles of rare value like original paintings of a
deceased painter, is in the possession of another. Since they are articles of
irreplaceable value and nature, their market value is of unascertainable nature.
 Onus of Proof - In the four cases highlighted above, onus of proof varies :-
i. In case of point (i), the onus is on the plaintiff to prove the fiduciary
relationship.
ii. Under (iv), the onus is on the plaintiff to prove wrongful transfer.
iii. Under point (ii) & (iii), the onus is on the defendant to prove that compensation
in money would be adequate relief and that it would not be extremely difficult
to ascertain the actual damage caused by the loss of movable property.

Difference b/w. S.7 & S.8

BASIS SECTION 7 SECTION 8

1. Suit A person having a special or temporary No suit can be brought
against right to present possession may bring suit against the owner.
the even against the owner of the property.
Owner
2. Decree The Decree is for return of the immovable The Decree is only for
property, or for the money value in the return of the specific
alternative. property.