The Registration Act, 1908 | Civil Law for Judiciary Exams PDF Download

Objectives of the Act

• To ensure information about all deals concerning land so that correct land records could be maintained.
• Proper recording of transactions relating to other immovable property.
• Registration of other documents for more authenticity.
• Registering authorities have been provided in all the districts for this purpose.

Registration of Documents

• Instruments of gifts of immovable property – Section 17(1)(a)
• Non-testamentary Instrument which create, declare, assign, limit or extinguish any right, title or interest of the value of over Rs. 100 in immovable property – Section 17(1)(b)
• Acknowledge receipt or payment of any consideration on account of creation, declarations, assignment, limitation or extinction of any right, title or interest in immovable property – Section 17(1)(c)
• Lease on immovable property from year to year, of for any term exceeding one year, or reserving a yearly rent – Section 17(1)(d)
• Non-testamentary instruments transferring or assigning any decree or order of a Court or any award which create, declare, assign, limit or extinguish any right, title or interest in immovable property of value of Rs.100 or more – Section 17(1)(e)
• Part performance of contract, if the possession is transferred to transferee, if the document is executed on or after 24-9-2001. If the document is not registered, the transferee gets no rights under Section 53A of Transfer of Property Act – Section 17(1A)
• Authority to adopt a child, if such authority is not conferred by a will – Section 17(3)

Examples of documents that require compulsory registration

• A compromise decree, which creates for the first time, any right, title, or interest in immovable property.
• An award of Arbitrator creating right, title or interest in immovable property.
• Right to catch fish in tank giving lease more than one year.
• Conveyance of part performance for immovable property requires registration if possession is transferred.
• Agreement to lease.

Documents for which registration is not necessary (Section 17(2))

• Compound deed
• Instrument relating to shares in a company, even if assets comprise immovable property
• Debenture certificate (if security for debentures is mortgage, conveyance, or transfer of immovable property to trustees of debenture holders)
• Endorsement or transfer of such debentures
• Decree or order of Court (unless compromising immovable property not related to the suit or proceedings)
• Grant of immovable property by the Government
• Instrument of partition made by Revenue Officer
• Loan granted as collateral security of land under an Act
• Order vesting property in Charitable Endowments or divesting the property under Charitable Endowments Act, 1890
• Any endorsement on mortgage deed acknowledging payment
• Any receipt for payment of money due under mortgage (last payment extinguishing the mortgage is registerable)
• Certificate of sale granted to the purchaser of property sold by public auction

Examples of Documents Not Required to be Registered

• A document incapable of valuation
• Lease deed for a period not exceeding 11 months (even if in writing and possession delivered)
• Foreign award (not requiring registration under Registration Act)

Documents for which registration is optional – Section 18

• Instruments (other than wills) creating, declaring, assigning, limiting, or extinguishing rights in movable property
• Wills
• Documents not requiring registration under section 17(1) for values below Rs. 100

Requirements of Registration of Documents

• Translation requirements for documents in unknown languages are covered under Section 19.
• Any blanks, erasures, etc., in documents should be authenticated as per Section 20.
• Section 21 mandates the inclusion of property descriptions, maps, or plans in documents.
• Photographs and fingerprints of both the buyer and seller are required as per Section 32A.
• If a document is in a language not understood by the registering officer, a true translation along with a copy must be submitted.
  • Interlineations, blanks, erasures, or alterations should be attested with signatures or initials.
  • The document should sufficiently describe immovable property details for identification purposes.
  • Details should include specifics like house locations, former occupancies, house numbers, and territorial divisions.
  • For property transfer documents, passport-sized photos and fingerprints of buyers and sellers must be affixed.
• Impact of inaccurate or insufficient property descriptions is discussed, stating that the document remains valid.

Time Limit for Registration of Documents

• Documents should be submitted for registration within 4 months of execution as per Sections 23 and 25.
• Court decrees or orders can be submitted within four months of finalization.
• Documents executed by multiple persons at different times can be registered within 4 months of each execution.
• Documents executed abroad by some parties can be registered within four months of arrival in India.
• Documents executed outside India are only valid after registration in India.
• If an unauthorized person files a document for registration, others can intervene.

Document for Re-Registration

• It is essential for an individual to re-register a document within four months from the date of discovering that the initial registration is invalid.
• The Registrar holds the authority to excuse delays in filing documents executed in India. The condonation period can extend up to four months, with a fine reaching up to ten times the regular registration fee set by the Registrar.

Place of Registration of Documents

• Documents related to immovable property should be registered at the office of the Sub-Registrar of the sub-district where the property is located.
• Other documents can be registered at the office of the Sub-Registrar where all parties involved in the document wish it to be registered.
• A Registrar can accept a document that is registerable with a sub-registrar subordinate to him.
• The document must be presented for registration at the office of the Registrar or Sub-Registrar. In special circumstances, an officer may visit a person's residence to accept a document.

Presentation of Documents for Registration

• Any of the following persons can present a document for registration:
  • By the person executing or claiming under the document.
  • By the representative or assignee of the person.
  • By an agent authorized by a power of attorney.
• If the person is a resident of India, the power of attorney must be executed before the Registrar or Sub-Registrar in the person's locality. If the person resides outside India, the power of attorney can be executed before a Notary Public, a Court, a Judge, a Magistrate, an Indian consul, vice consul, or a representative of the Central Government.
• All individuals executing the document or their representatives, assigns, or agents holding a power of attorney must appear before the Registering Officer as per Section 34. They must admit execution, and sign the document in the presence of the Registrar as required under Section 58.
• Appearance may be simultaneous or at different times as per Section 34. If some individuals are unable to appear within four months, an additional four months can be granted upon payment of a fine up to ten times the proper registration fee.
• In the case of a document related to the transfer of ownership of immovable property, each buyer must provide a passport-sized photograph and fingerprints.

Registration Procedure

• The signature of the buyer and seller on a property document should be affixed, with the Registrar ensuring these endorsements on the document.

Exemptions from Personal Appearance

• Officers of the Government, Official Trustee or Official Assignee, Sheriff, Receiver or Registrar of High Court, and holders of public office as notified by the State Government in the Official Gazette are exempt from appearing before the Registrar if they have executed the document in an official capacity.

Post-Filing Procedure

• Following the filing of the document, the registration officer will conduct an inquiry and issue a Registration Certificate.
• The registration officer's responsibilities include verifying the identities of the persons executing the document, ensuring the right of representation for individuals appearing as representatives or authorized agents, and registering the document upon satisfaction and payment of fees.
• The registered document is copied into a prescribed book, assigned a consecutive serial number renewed annually, and endorsed with the word "Registered" by the Registering Officer before being returned to the presenter.

Refusal to Register Documents

The Registering Officer may refuse to register a document under Section 35 in various situations:

• When a person who supposedly executed a document denies its execution.
• If the individual appearing to have executed the document is deemed to be a minor, idiot, or lunatic.
• When the executor of the document is deceased, and their representative or assign denies the execution.
• Interlineations, blanks, erasures, or alterations lacking attestation by signatures or initials (as per Section 20).
• Insufficient property description to identify the concerned property (as per Section 21).
• Presenting the document beyond the specified time limit or failing to pay fines for late presentation (as per Section 25).
• Submitting the document at an incorrect registration office, i.e., an office other than the one prescribed in Section 28.
• Failure to pay registration fees.
• Submitting the document by an unauthorized person under Section 32.
• Non-appearance of the concerned individual before the Registering Officer within 4 months, as mandated by Section 34.

Procedures After Refusal

• Upon refusal, the Sub-Registrar must issue an order for refusal in accordance with Section 71. An appeal against this order can be made to the Registrar within 30 days (as per Section 72).
• If the Registrar also refuses registration, a suit can be filed within 30 days in the Civil Court as per Section 77.

Legal Precedents

• In the case of State of Punjab vs. Mohabir Singh (1996), it was determined that the Registrar must register a document even if it is under-stamped, followed by making a reference to the Collector.
• The case of Government of Tamilnadu vs. PV Enter (2000) highlighted that documents must be registered without delay, irrespective of duty assessment based on market value. Any duty-related steps should follow post-registration.

Key Points

• It is essential to register documents promptly without refusal on grounds of improper stamping, as the Indian Stamp Act allows for document impoundment in such cases, but not refusal of registration.

Effect of Non-Registration of Documents

• When a document is not registered, it does not have a retrospective effect according to Section 47. Registered documents have retrospective effect from the date of execution, not from the date of registration.

Implications of Non-Registration

• Does not impact any immovable property mentioned in the document.
• Does not grant any authority for adoption (e.g., adopting a son).
• Cannot be used as evidence for any transaction related to the property or authority mentioned.
• Cannot be considered as evidence of partial performance under Section 43A of the Transfer of Property Act, especially when possession needs to be handed over to the transferee.

Limited Validity

An unregistered document is generally considered redundant and ineffective for most purposes.
However, it can still be utilized for specific reasons:

• As evidence of a contract in a lawsuit for specific performance under the Specific Relief Act.
• As evidence of any collateral transaction that does not require registration as per Section 49.