Registration Act, 1908: Overview of Key Sections
The Registration Act, 1908 governs the process and implications of registering documents
related to immovable property and other transactions. It ensures transparency, reduces
disputes, and provides legal validity to documents.
1.Registration of Documents
Purpose
• To ensure the authenticity of documents.
• To create public records for immovable property transactions.
• To protect parties' interests in case of disputes.
2. Compulsory Registration of Documents (Section 17)
Certain documents must be registered under Section 17:
Documents Requiring Compulsory Registration
Immovable Property:
• Instruments transferring rights in immovable property valued at ₹100 or
more.
• Sale deeds, gift deeds, lease agreements exceeding one year, mortgages,
and partition deeds.
Non-Testamentary Instruments:
• Documents creating, assigning, limiting, or extinguishing rights in immovable
property.
Acknowledgment of Receipts:
• Receipts acknowledging payments related to immovable property
transactions.
Other Instruments:
• Agreements to sell, exchange deeds, and powers of attorney concerning
immovable property.
3. Optional Registration of Documents (Section 18)
Documents not covered under Section 17 may be registered at the parties’ discretion:
Examples of Optional Documents
1. Wills and codicils.
2. Agreements not involving immovable property.
3. Documents acknowledging receipt of movable property.
4. Leases not exceeding one year.
5. Deeds related to movable property.
4. Time and Place for Registration (Sections 23-31)
Time Limit for Registration (Section 23)
• A document must be registered within 4 months from the date of execution.
• Delay beyond 4 months may be condoned with a fine if presented within an
additional 4 months (Section 25).
Place of Registration (Sections 28-31)
Documents Relating to Immovable Property:
Must be registered in the Sub-Registrar’s office where the property is situated
(Section 28).
Other Documents:
Can be registered in any Sub-Registrar’s office where one or more executors reside.
5.Effects of Registration (Sections 47-50)
Section 47: Effect of Registration
• A registered document takes effect from the date of its execution, not the
date of registration.
• This ensures priority over unregistered documents executed later.
Section 48: Priority Over Unregistered Documents
• Registered documents have priority over unregistered documents relating to
the same property.
Section 49: Effects of Non-Registration
• Non-registered documents that are required to be registered under Section
17 cannot:
1. Affect immovable property rights.
2. Be received as evidence in court.
• Exceptions: Such documents may be used as evidence in suits for specific
performance or as collateral evidence of a contract.
Section 50: Validity Against Oral Agreements
A registered document is legally valid and binding even against oral agreements or
informal arrangements related to property.
6.Implications of Registration and Non-Registration
Legal Validity:
• Registered documents are legally enforceable and admissible in court.
• Non-registration leads to loss of legal rights in property disputes.
Priority in Disputes:
• Registered documents take precedence over unregistered or oral
agreements.
Transparency:
• Registration creates a public record, reducing fraud and property disputes.
Protection for Buyers and Sellers:
• Ensures the authenticity of the transaction and protects ownership rights.
Conclusion
The Registration Act, 1908 is crucial for securing property transactions and safeguarding
parties’ rights. Compulsory registration ensures transparency, while optional registration
provides flexibility for less significant documents. Non-registration, however, can lead to
severe legal consequences, including loss of rights and inadmissibility in court.
