All about the Registration Act, 1908

The Author, Rahul Sharma, is a 1st-year, LLB student at Amity Law School, Noida. He is currently interning with LatestLaws.com.

Introduction

Registration is the process of recording a document with an assigned officer and to keep it as public record. The purpose of the Act is to consolidate the law relating to registration and it provide for the method of its registration. It lays down what documents is compulsory for registration. It also provides time limit for presentation and registration of document and ensures provision for the proper and presentation of the document.

Q1. Why to registration of a document is important?

Ans. Following are reason as to why registration of document is important:

1. Some of document are mandatory to register as mention in section 17.
2. Registered document prevents from fraud and misuse of the property.
3. Registration also serve as legal evidence in the court.
4. Registration provides information to people who may deal with a property, as to the nature and extent of the rights which persons may have, affecting that property.

Q2. What document are compulsory to register under registration Act 1908?

Ans. Section 17 of the Act describes the document which compulsory to register. Those are as follows:

1. Instrument of Gift of immovable property;
2. Non-testamentary instruments which are purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above or by acknowledging receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest;
3. Lease of immovable property for a period exceeding one year or rent is paid yearly;
4. Contracts for transfer of immovable property for a consideration as per Section 53A of Transfer of Property Act, 1882 which is executed on or after the commencement of this act.

Q3. What documents are not mandatory to register under registration act 1908?

Ans. Section 18 of act describes the document which are optional to register. They are as follows:

1. Decree or order of court comprising an immovable property valued below Rs. 100
2. Lease of immovable property not exceeding a period of 1 year
3. Non-testamentary instruments which are purporting to creation, assignment, declaration, extinguishing of any interest in any movable property.
4. Wills
5. Any other document which is not mandatory to register under section 17

Q4. What is difference between Stamp duty and registration charges?

Ans. Stamp duty is a tax levied by the government on legal documents, like sale deeds, gift deeds, conveyance deeds, and mortgage deeds which given under Indian Stamp Act. Whereas registration charges are paid to state for keeping document public record.

Q5. Who can present document for registration under registration Act?

Ans. As per Section 32 of the Act any of the following persons can register the document:

1. Executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order.
2. Assignee of such person.
3. Agent of such person who is duly authorized by power of attorney as per Section 33 which gives power to agent get document registered.

Q6. Where to register the documents under registration act?

Ans. Section 28 of the Registration Act deals with documents mentioned under Section 17 where these documents shall be presented for registration to sub registrar in the sub district where whole property or part of property is situated. Documents not mentioned under section 28 will be registered sub-registrar in which decree is executed.

Q7. How to register a Will under registration act?

Ans. As it is not compulsory to register a will under Section 18 of the Act. Section 40 of the Act provides following procedure for registration:

1. It must be executed by the testator, i.e., the person making the Will or his authorized executor if he is not present himself
2. The signature placed on the will should be in a manner that it appears as intended to give effect to the Will;
3. It should be signed by the testator in the presence of two witnesses (other than the beneficiaries under a Will), and the witnesses must also attest (i.e., sign).

Q8. What is prescribed fees for registration under the act?

Ans. As per Section 80 of the Act the fees is payable on presentation of the document. the rate varies state to state and is different for document.

Q9. What are effect of non-registering the document under Section 17 of the Act?

Ans. It is referred under Section 49 of Act which states effect of non-registration of the document required to be registered by transfer of property act and Section 17. It shall:

1. affect any immovable property comprised therein, or
2. confer any power to adopt, or
3. be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered.
4. Section 49 is compulsory and if document is not registered then it cannot be taken as evidence or used in any legal proceeding.
5. Any registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or as evidence of part performance of a contract.

Q10. When to register the document?

Ans. As per Section 23 of the Act, 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 more than one person at different times then that document has to be presented and re-registration within 4 months from the date of each execution as mention in Section 24 of the Act.

Any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months and 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.