The Registration Act, 1908 is an act for the consolidation of enactments relating to the registration of records. Supreme Court elaborately discusses the object of Registration and inter-alia Registration Act in case of Suraj Lamp and Industries Pvt. Ltd. v. State of Haryana, as:
"To provide orderliness, discipline, and public notice in respect of transactions in relation to immovable property and protection from fraud and forgery of transfer documents, the Registration Act, 1908 was passed."
MAIN PROVISIONS
Section 17- Documents of which registration is compulsory.
Registration is compulsory for the following instruments:
- Gift of immovable property
- Non-testamentary instruments, of immovable property whose value of Rs. 100 or upwards which create, declare, assign, limit or extinguish, in present or future, any right, title or interest, vested or contingent.
- Non-testamentary instruments which acknowledge the receipt of payment of any consideration.
- Leases of immovable property - from year to year, for any term exceeding one year, reserving a yearly rent.
- Non-testamentary instruments are transferring or assigning any decree or order of a court, in the immovable property whose value is of Rs. 100 or upwards.
- Contracts relating to the transfer of immovable property for consideration under section 53-A of Transfer of Property Act.
- Authorities for the adoption of a son, executed after 1 January 1872 and not given by testament, shall also be registered.
Registration isn't necessary for the following instruments:
- Any composition deed
- Shares in a joint-stock company
- Debentures issued by a company
- Any endorsement upon or transfer of any debenture
- Any decree or order by a court
- Any grant of immovable property by the government
- Any instrument of partition made by a revenue officer
- Any order, granting a loan under The land improvement Act, 1871, The land improvement loans Act 1883, The agriculturist loans Act, 1884, The charitable endowments act 1890.
- Any mortgage deed endorsement that recognizes the payment.
- Any certificate of sale by a civil or revenue officer of any property sold via a public auction.
Section 18 - Registration is optional for the following instruments:
- Instruments other than gifts & wills of immovable property whose value is less than Rs. 100 which create, declare, assign, limit or extinguish ( in present order future) by right, title, or interest( vested or contingent)
- Instruments which acknowledge the receipt of payment of any consideration.
- Leases of immovable property for any time not exceeding one year.
- Instruments are transferring or assigning any decree or order of the court, in immovable property, value less than Rs. 100.
- Instruments of movable property, other than wills, which establish, declare, assign, restrict or extinguish any right, title or interest.
- Wills.
- All other documents not required to be registered under section 17.
Section 90 - Documents of which registration is exempted:
- Documents executed by or in favour of government are exempted for registration.
- Documents issued, received or attested by any government officer engaged in making a settlement of land revenue.
- Maps issued received or authenticated by any government surveyor.
- Documents of village records which are filed periodically in any revenue office.
- Sanads, Inam title deeds, other documents purporting to be or to evidence grants or assignments by government.
Section 32 - Persons to present documents or registration:
- By a person ( executing, claiming)
- By his representative or assign
- By the agent of his representative or assign
- Duly authorized power of attorney
Section 38 - Persons exempted from appearance at registration office:
- Persons in jail under civil or criminal process
- Persons exempted by law from personal appearance in court.
Section 34 - Enquiry before registration by registering officer:
No document shall be reported before the registration officer without the enquiry of the person performing the document within the time authorized for presentation. The registering officer shall thereupon- Enquire whether or not such document was executed by those persons, satisfy himself as to identify of the person appearing, satisfy himself of the right of appearing persons, nothing in this section applies to copies of decrees or orders.
Section 35 - When can registering officer refuse to register the document
- If any person who purports to be executed by the document denies its execution.
- If a minor, lunatic or idiot appears to be some person.
- If the person executing the document is dead, and his representative or appointment refuses the execution.
Section 23 - A document other than a will shall be presented within four months from date of its execution.
Section 24 - If documents executed by several persons at different times, such document may be presented for registration & re-registration within four months from the date of each execution.
Section 47 - A registered document shall operate front he time form which it would have commenced to operate, and not from the time of its registration.
Section 48 - Registered documents relating to property take effect against the oral agreement but from date of registration.
Section 28 - All documents related to immovable property shall be presented for the registration in the office of sub-registrar nothing whose sub-district the whole or some portion of the property is situated.
Section 26 - Documents executed out of India be presented for registration, within four months after its arrival, in India.
Section 49 - Effect of non-registration of documents:
The documents which are required to be registered under Section 17, if not registered will not affect any immovable property comprised therein, confer any property to adopt, such documents are not admissible in evidence.
Exception - Any collateral transaction not needed to be carried out by a licensed instrument can be obtained as proof of a contract in a suit for individual performance.
Reasons for refusal of registration
- Section 19 - Documents in a language not understood by the registering officer and such language isn't commonly used in the district.
- Section 20 - Documents containing interlineations, blanks, erasures, or alterations ( unless the executing persons attest with their signatures)
- Section 21 & Section 22 - No description of property and maps or plans
- Section 71 - Property isn't situated within registering officer sub-district -
Upon request, the registering officer shall, without charge and undue delay, provide a copy of the reasons so reported.
Section 72 - Appeal to Registrar from orders of sub-registrar refusing registration on the ground other than the denial of execution. If the sub-registrar refuses the registration, then appeal is to be made within 30 days to the registrar.
Penalties
- Section 81 - Punishment of imprisonment up to 7 years or fine or both for incorrectly endorsing copying, translating or registering documents with the intent to injure to any person.
- Section 82 - Punishment of imprisonment up to 7 years or fine or both for intentionally making false statements, delivering copies or translations, false impersonation & abetment.
Section 60 - Certificate of registration
The registration officer shall endorse a certificate containing the word “registered" with:
- Registration number
- Page of book
- Signature
- Seal and date
