INTRODUCTION

Introduction to The Registration Act

Section 1. Short title, extent and commencement

[Act No. 16 of 1908]

[18th December 1908]

An Act to consolidate the enactments relating to the Registration of

Documents.

Whereas it is expedient to consolidate the enactments relating to the

registration of documents

It is hereby enacted as follows:

(1) This Act may be called the 1[Registration Act, 1908.

2
[(2) It extends to the whole of India except the State of Jammu and
Kashmir:

Provided that the State Government may exclude any districts or

tracts of country from its operation.]
(3) It shall come into force on the first day of January, 1909.

& mdash & mdash & mdash & mdash & mdash & mdash & ndash

1. The word “ Indian” omitted by Act No. 45 of 1969.

2. Subs. by Act No. 3 of 1951.

Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or

context, & ndash

(1) “ Addition” means the place of residence, and the profession,

trade, rank and title (if any) of person described, and, in the case of an
Indian, his father's name, or where he is usually described as the son
of his mother, then his mother's name

(2) “ Book” includes a portion of a book and also any number of

sheets connected together with a view of forming a book or portion of
a book

(3) “ District” and “ sub-district” respectively mean a district and sub-

district formed under this Act
(4) “ District Court” includes the High Court in its ordinary original
Civil jurisdiction

(5) “ Endorsement” and “ endorsed” include and apply to an entry in

writing by a registering officer on a rider or covering slip to any
document tendered for Registration under this Act

(6) “ Immovable property” includes land, buildings, hereditary

allowances, rights to ways, lights, ferries, fisheries or any other
benefit to arise out of land, and things attached to the earth, or
permanently fastened to anything which is attached to the earth, but
not standing timber, growing crops nor grass

[(6A) “ India” means the territory of India excluding the State of

Jammu and Kashmir

(7) “ Lease” includes a counter part, kabuliyat, an undertaking to

cultivate or occupy, and an agreement to lease

(8) “ Minor” means a person who, according to the personal law to

which he is subject, has not attained majority

(9) “ Movable property” includes standing timber, growing corps and

grass, fruit upon and juice in trees, and property of every other
description, except immovable property and
(10) “ Representative” includes the guardian of a minor and the
committee or other legal curator of a lunatic or idiot.

Registration is the process of recording a document with a recognized

officer and to safeguard its original copies (See Here). Any document
whether binding or non-binding shall be registered in a required
manner. Registration of every document is not necessary but doing so
affirms the authenticity and helps in avoiding legal process. Many
people are not familiar with the concept of registration and hence, do
not understand its importance in eyes of law. It is crucial to be
familiarized with registration and what it includes to avoid disputes.
There are two kinds of registration according to The Registration Act,
1908 namely “Mandatory Registration” and “Optional Registration”
which have been explained below. Apart from them, a person going
for registration should also know the following:-

1. Who can register?

2. Where to register?
3. When to register?
4. What fees to be paid?
If the person knows all of these then he will be able for apply for
registration of a document without any difficulty.

MANDATORY REGISTRATION
Section 17 of the Indian Registration Act, 1908 provides for
mandatory registration of certain documents. Those are as follows:-

1. Gift deed related to an immovable property;

2. Non-testamentary instruments:
a. purporting to creation, assignment, declaration, extinguishing
of any interest in any immovable property worth Rs. 100 and
above; b. which acknowledge
receipt or payment of any consideration for creation,
assignment, declaration or limitation of any right, title or
interest;

3. Lease of immovable property for any term exceeding one year

or reservation of yearly rent;

4. Contracts for transfer of immovable property for a consideration

for purpose of Section 53A of Transfer of Property Act, 1882 is
executed on or after the inception of Registration and Other
Related Laws (Amendment) Act, 2001.

Failing to do so will result in transfer being invalid.

OPTIONAL REGISTRATION

But not all documents have to be registered. Section 18 provides for

optional registration of some documents such as:- (See here)

1. Adoption Deed

2. Instrument relating to shares in joint stock company

3. Debentures issued by joint stock company

4. Will

5. Lease of immovable property not exceeding 1 year

 6. Document of a past transaction

7. Power of Attorney with respect to movable property

8. Decree or order of court comprising an immovable property

valued below Rs. 100

9. Certificate of Sale granted

10. Agreement of Mortgage

11. Promissory note

12. Instrument of partition by Revenue Officer

13. Grant of immovable property by Government

WHEN TO REGISTER DOCUMENTS?

According to Section 23 of The Registration Act, 1908, all documents

except a will have to be presented for registration within 4 months
from the date of execution. If a document is executed by several
persons at different times then that document has to be presented for
registration and re-registration within 4 months from the date of each
execution (Section 24 of The Registration Act, 1908).

If due to any urgency or unavoidable accident, any executed

document or a copy of decree or order is not presented within 4
months but it is presented after its expiry will be accepted for
registration provided that 10 times the amount of registration fees is
paid and delay in presentation does not exceed 4 months.

Application for such a step has to be made to Sub-Registrar who will

forward such application to the Registrar to whom he is a subordinate
(Section 25 of The Registration Act, 1908). If a document is executed
outside India by any or all of the parties and is presented after expiry
4 months then it will be accepted for registration provided that it was
executed and presented for registration within 4 months after its
arrival to India (Section 26 of The Registration Act, 1908).

WHERE TO REGISTER?

In case of documents regarding immovable property, it shall be

presented for registration in the office of Sub-Registrar within whose
district the property or part of it is located (Section 28 of The
Registration Act, 1908). In case of all other documents, they shall be
presented:-

1. In the office of Sub-Registrar in whose sub-district the

document was executed; or

2. In the office of any other Sub-Registrar under State Government

where all individuals desire the document to be registered.

The Officer authorized to register a document may on a special cause

being shown also go to the individual’s private residence who desires
to present a document for registration or deposit a will (Section 31 of
The Registration Act, 1908).

Who can apply for registration?

According to Section 32 of The Registration Act, 1908, every

document (except in cases of Sections 31, 88 and 89 of The
Registration Act, 1908) shall be presented for registration or
deposited in a proper registration office by:-

1. 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

2. the representative or assignee of such a person, or

 3. the agent of such a person, representative or assign, duly
authorized by power-of-attorney executed and authenticated in
the manner hereinafter mentioned.

Every person presenting a document for registration shall affix his

passport size photograph along with fingerprints to the document. In a
case where a document is related to transfer of ownership of
immovable property, passport size photographs and fingerprints of all
the buyers and sellers mentioned in the document shall be affixed
(Section 32A of The Registration Act, 1908).

In case of a will or authority to adopt, the testator or after his death

any executor may or a donor or after his death the donee or adoptive
son may present it to the Registrar or Sub-Registrar for registration
respectively (Section 40 and Section 41 of The Registration Act,
1908). It shall be registered if it is satisfied that:-

1. The will or authority to adopt was executed by the executor or

donor;

2. The testator or donor is dead;

3. The person presenting the will or authority to adopt is entitled to

present the same

FEES

The prescribed fees for registration of documents shall be paid on

presentation of documents (Section 80 of The Registration Act, 1908).
LANDMARK CASE LAWS :

In Narinder Singh Rao v. Air Vice Marshal Mahinder Singh Rao

(2013) :

Settled by Supreme Court, the Appellant’s father wrote on a piece of

paper that his wife would inherit the property on his death. It was
signed by a single witness and was not registered. After the father’s
death, his widow executed a will, transferring the entire property to
only one of her nine children. The aggrieved siblings challenged the
mother’s will in court, stating that she had not inherited the entire
property because the father’s will was invalid. The argument was
accepted, stating that for a will to be valid, it must be attested by two
witnesses. Besides, it could not be held as a valid transfer of property
as it was not registered under the Indian Registration Act, 1908.

 So, the Supreme Court held that the rule of succession would
apply in dividing the property as the father’s will was invalid.

 Because the will was unlawful because it was not attested by

two witnesses, the Supreme Court ruled that the children had the
right to inherit the property.

This case recapitulated two rules which have been clearly set out in
legislation. They are:

1. The proper attestation of wills and

2. The registration of documents.

Naginbhai P. Desai vs Taraben A. Sheth[2]

 The court ruled in Naginbhai P. Desai v. Taraben A Sheth that a

sale agreement cannot be regarded a conveyance under the
Indian Registration Act, 1908.

 The argument that an agreement for sale was required to be

registered under Clause (b) of Section 17 of the Registration Act
has no merit.

H.P. Puttaswamy v Thimmamma & Ors[3]

 In H.P. Puttaswamy v Thimmamma & Ors, the Supreme Court

considered whether the presence of the purchaser of an
immovable property is required before the concerned body
under the Act when a deed is registered in conveyance in
compliance with the Act.

 The issue in this case concerned a 4,500-square-foot property in

the village of Hittanahalli Koppalu in the Malavallu Taluk of
Karnataka (the Suit Property).

 It was discovered that this property had been the subject of two
separate selling deeds. On March 31, 1989, the appellant filed a
lawsuit to be recognized as the rightful owner of the suit
property.

 The plaintiff's deed had brought the appellant into possession of

the suit as a tenant and later as a purchaser.

 The Supreme Court cited section 32 of the act, stating that, aside
from the exceptions established by Sections 31,88, and 89 of the
Act, if a document is being registered, regardless of whether it is
 mandatory or optional, it would require either:

o some person signing the agreement or claiming rights

under it, or

o such a person's representative or assignee, or

o by the agent or representative of such a person who has a

duly approved power of attorney to appear before the
relevant authorities under the Act. A simple reading of
Section 32 reveals that neither party to a sale deed is
required to appear before the relevant authority under the
Act. And, because the conveyance deed did not fall within
the exceptions set forth in section 32, the Supreme Court
dismissed the case without interfering with the High
Court's decision, clarifying that Section 32 does not
require the presence of both parties to a sale deed when it
is submitted for registration to the appropriate authority
under the Act.

Suraj Lamps & Industries Pvt. Ltd. v. State of Haryana[4]

 In this case, it was decided that only a registered deed of

conveyance can legally and lawfully transfer or convey
immovable property.

 Transactions of the type of 'General Power of Attorney Sales,'

'Sale by Agreement to Sell,' or 'Transfer by Will,' are incapable
 of conveying title and cannot be recognized as acceptable modes
of immovable property transfer.

 Such transactions are not to be treated as finished or concluded

transfers or conveyances by the courts because they do not
convey title or create any interest in real property.

 Except to the degree that Section 53-A of the Transfer of

Property Act, 1882 allows, they cannot be recognized as deeds
conferring title.

 Such transactions cannot be trusted or used to justify changes to

municipal or revenue records. This regulation applies not just to
deeds of conveyance for freehold property, but also to leasehold
property transfers.

 Only a registered "Assignment of Lease" can legally transfer a

lease. An 'Agreement to Sell/General Power of Attorney/Will'
transaction does not transfer ownership or create an interest in
real estate.

Hansia v. Bakhtawarmal[5]

 The question in Hansia v. Bakhtawarmal was how far a non-

registered document that required mandatory registration under
Section 17 of this act might be used in the action.

 The document in dispute was an unregistered mortgage deed.

Because the objective of the mortgage deed is to prove the
mortgage, a suit for recovery based on an unregistered mortgage
deed is bound to fail.

 According to Section 49 of the Registration Act, an unregistered

mortgage deed can only be utilised as collateral.
  The plaintiff can only utilise the unregistered deed to prove the
nature of possession in a claim for possession, not in a suit for
redemption.

 As a result, Section 49 of the Act cannot be used to get any

benefit in a redemption litigation.

 Documents that are required to be registered under the

Registration Act of 1908 can be used for collateral purposes.

Tek Bahadur Bhujil v. Debi Singh Bhujil[6]

In this case, it was held that where a family arrangement was brought
about by a document in writing with the intention of using that
writing as proof of what the family had arranged for, such a document
would require compulsory registration because it would amount to a
document of title declaring what rights/claims and properties the
parties, i.e., each member of the family, would possess or enjoy in the
future.

In Satya Pal Anand v. State of M.P. & Ors. (Civil Appeal No. 6673 of
2014), the Supreme Court held that once a document is registered
then authority is not open to cancel its registration.

For this case, an application was moved by a man before the Sub-
Registrar (Registration) to cancel the registration of extinguishment
deed executed by the Society cancelling an allocation of the plot.
Persecuted by the rejection of his application, on the ground that Sub
Registrar has no domain to cancel the enrollment of a registered
document being referred to, he moved toward Inspector General
(Registration) which was in vain.

The High Court, on its writ petition, held that, since the Registering
Officer selected the deed acquainted with him for registration, his
ability is exhausted and he would then advance towards becoming
functus officio (an officer or agency whose mandate has expired
either because of the arrival of an expiry date or because an agency
has accomplished the purpose for which it was created. When used in
relation to a court, it may also mean whose duty or authority has come
to an end) and no vitality to appropriate the report under Section 33 of
the Act. This decision by the High Court was condemned in the
Supreme Court.

The appeal in Part XII especially under Section 72 limits just to the
refusal of Registering Officer to register a document. It was similarly
held that power given to Registrar under Section 68 can’t be used to
cross out registration of a registered document.

Moreover, the court observed that there is no express course of action

in the Registration Act or Rules bound by the State of Madhya
Pradesh nor any circular issued by the competent authority of the
State of Madhya Pradesh with the goal that the extinguishment deed
should bear the characteristics of both the vendor and the buyer and
both must be accessible before the Registering Officer when the
document is presented for registration. (See Here)
WHAT ARE THE BENEFITS OF REGISTERING
DOCUMENTS?

The Registration Act of 1908 is a key piece of legislation in India that

governs the registration of documents related to property transactions
and other legal agreements. The Act ensures that certain documents
are registered with the government to provide legal validity,
transparency, and protection to parties involved in the transactions.
The registration of documents under this Act offers numerous
advantages, which are essential for both individuals and businesses.
This essay explores these advantages in detail, emphasizing their
significance in the context of property transactions, legal security, and
public interest.

1. Legal Validity and Authenticity

One of the most significant advantages of registering documents
under the Registration Act of 1908 is that it confers legal validity on
the documents. When a document is registered, it becomes part of the
public record, and its authenticity is presumed by law. This means
that a registered document carries a greater evidentiary value in courts
of law, reducing the likelihood of disputes over the document's
legitimacy. For instance, in property transactions, the registration of
sale deeds ensures that the transfer of ownership is legally recognized,
protecting both the buyer and the seller from potential future claims.

2. Prevention of Fraud and Forgery

The registration process acts as a safeguard against fraud and forgery.

By requiring documents to be registered, the Act ensures that there is
a formal record of the transaction, which is difficult to falsify or
manipulate. This is particularly important in property transactions,
where fraudulent practices such as selling the same property to
multiple buyers or forging documents are not uncommon. The
registration of documents creates a paper trail that can be traced and
verified, making it difficult for fraudsters to deceive parties involved
in the transaction.

3. Public Notice and Transparency

Another crucial advantage of registering documents is that it serves as

public notice of the transaction. Once a document is registered, it
becomes a matter of public record, accessible to anyone who wishes
to inspect it. This transparency is vital in property transactions, as it
allows potential buyers, lenders, and other interested parties to verify
the status of the property, such as whether it has been sold,
mortgaged, or subject to any legal disputes. Public notice also helps in
preventing disputes by informing all concerned parties about the
existence of the transaction, thereby reducing the likelihood of
conflicting claims over the same property.

4. Priority of Registered Documents

The Registration Act of 1908 establishes a principle of priority,
wherein a registered document takes precedence over an unregistered
document in case of conflicting claims. For example, if two parties
claim ownership of the same property based on different documents,
the registered document will be given priority in legal proceedings.
This principle provides greater security to parties who have registered
their documents, as it reduces the risk of losing their rights to others
who may have unregistered or fraudulent documents.

5. Legal Protection in Case of Disputes

In the event of a legal dispute, registered documents serve as strong

evidence in court. The courts tend to give more weight to registered
documents than unregistered ones, as they are considered more
reliable and difficult to challenge. This legal protection is particularly
important in property disputes, where the authenticity of documents
can determine the outcome of the case. By registering documents,
parties can safeguard their rights and interests, reducing the likelihood
of losing in court due to lack of evidence.

6. Facilitation of Smooth Property Transactions

The registration of documents under the Registration Act of 1908

facilitates smooth and efficient property transactions. Registered
documents are easier to verify and process, which speeds up the
transaction process and reduces the risk of delays. For example, when
applying for a loan or mortgage, lenders often require the borrower to
provide registered documents as proof of ownership. The availability
of registered documents makes it easier for individuals and businesses
to secure financing and complete transactions in a timely manner.

7. Reduction of Litigation

By providing legal validity, preventing fraud, and ensuring

transparency, the registration of documents significantly reduces the
likelihood of disputes and litigation. When parties are aware that their
documents must be registered to be legally enforceable, they are more
likely to act in good faith and comply with the law. This reduces the
number of disputes that arise over the authenticity or ownership of
property, thereby decreasing the burden on the legal system and
promoting a more stable and predictable legal environment.

8. Protection of Public Interest

The registration of documents under the Registration Act of 1908 also

serves the broader public interest by promoting transparency and
accountability in property transactions. It helps prevent the illegal
transfer of land, encroachment on public property, and other forms of
misuse of land resources. By making property transactions a matter of
public record, the Act ensures that the public has access to
information about the ownership and status of land, which is essential
for maintaining public order and protecting the rights of individuals
and communities.

9. Preservation of Historical Records

Registered documents are preserved as public records, which can be

accessed and referenced in the future. This is particularly important
for historical and genealogical research, as well as for tracing the
ownership history of a property. The preservation of these records
ensures that valuable information is not lost over time and can be used
to resolve disputes or verify ownership decades later. This archival
function of the Registration Act contributes to the stability and
continuity of property rights across generations.

10. Facilitation of Governmental Functions

The registration of documents under the Registration Act of 1908 also

facilitates various governmental functions, such as the collection of
taxes, urban planning, and the implementation of land reforms.
Registered documents provide the government with accurate and up-
to-date information about property ownership and transactions, which
is essential for the effective administration of land resources. For
example, the government can use registered documents to identify
landowners, assess property taxes, and plan infrastructure projects.
This enhances the efficiency of governmental operations and ensures
that land resources are managed in a fair and transparent manner.

Conclusion

The registration of documents under the Registration Act of 1908

offers numerous advantages that are essential for maintaining legal
security, transparency, and public order. By conferring legal validity
on documents, preventing fraud, providing public notice, and
reducing the likelihood of disputes, the Act protects the rights and
interests of individuals and businesses involved in property
transactions. Moreover, the registration of documents serves the
broader public interest by promoting transparency, preserving
historical records, and facilitating governmental functions. In a
country like India, where property disputes are common and land
resources are valuable, the registration of documents under this Act is
a crucial mechanism for ensuring the stability and predictability of
property rights.

Therefore, it can be seen that registration of a document is of utmost

importance and must be done as soon as possible otherwise it would
lead to long years of legal battle which is costly and time consuming.

REFERENCES

1. www.livelaw.in

2. Sakina Babwani, ‘Advantages of Registering

Documents’ https://economictimes.indiatimes.com/analysis/adv
antages-of-registering-documents/articleshow/19879392.cms

3. The Registration Act, 1908

4. Blog.ipleaders.in
5. www.legalserviceindia.com