REGISTRATION

● Registration is the process of recording a document with a recognized

officer and to safeguard its original copies.
● 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”
 Types of Registration

Mandatory Registration Optional Registration

Properties with the value less than

Properties with the value more than
Rs.100
Rs.100 are to be compulsorily
(registration of such documents is
registered.
optional)
 Optional registration- Sec 18
Following are those documents of which registration is not compulsory;

(i) Deed of Adoption

A deed of adoption does not require registration. This is because it is not deed, but the adoption
itself, that created the status of adopted son and confers an interest in property.

(ii) Instruments, which relate to share in Joint Stock Company

Those instruments do not require compulsory registration when such instruments relate to shares
in Joint Stock Company.

(iii) Debenture, which is issued by Joint Stock Company

Debenture does not require compulsory registration when Joint stock C9ompany issues such
debenture.
(iv) Endorsement upon or Transfer of Debenture, which is issued by Joint Stock
Company
Any endorsement upon or transfer of any debenture does not require compulsory registration, when
Joint Stock Company issues such debenture.

(v) Document value of Hundred Rupees

Any document does not require compulsory registration when such document does not create, declare,
assign, limit or extinguish any right, title or interest of value of one hundred rupees and upwards to or in
immoveable property, but merely creates a right to obtain another document which creates, declares,
assigns, limits or extinguishes any such right, title or interest thought its execution.

(vi) Document of past transaction

Document evidencing merely a record of past transaction and not containing terms of contract or
bargain operating in praesenti would qualify as a mere memorandum and does not require registration.
(vii) Decree or order of Court
Any decree or order of court does not require compulsory registration when such decree or order is not
made on compromise and does not comprise immoveable property, which is other than that property,
which is subject-matter of suit or proceeding.

(viii) Instrument of Collateral Security

Instrument of collateral security does not require compulsory registration when such instrument is
granted under Land Improvement Loans Act.

(ix) Power of Attorney

A power of attorney is not one of those documents enumerated by section 17 of the Act which are
compulsorily register able. However it can be registered under section 18 of the Act.

(x) Agreement to Sell

A mere agreement to sell does not require registration by reason only of the fact that such
document contains a recital of the payment of an earnest money or of the whole or any part of the
purchase money.
(xi) Agreement of Mortgage
An agreement by a debtor to execute a mortgage of his immovable property to his creditor does not by
itself create an interest in the immovable property but merely creates a right to obtain a deed of
mortgage from the debtor. Hence does not require registration, but it may be registered at the option
of one party.
(xii) Instrument of Partition
Any instrument of partition does not require compulsory registration when such instrument is made by a
revenue-officer.

(xiii) Certificate of Sale

Any certificate of sale does not require compulsory registration when such certificate is granted to
purchaser of any property, which is sold by public auction by civil or revenue officer.

(xiv) Counterpart of Lease

Any counterpart of lease does not require compulsory registration, when lease, which corresponds to
such counterpart, has itself been registered.

(xv) Promissory Note

A promissory note is not required to be compulsorily registered. However, it can be registered under this
section.
Conclusion :
To conclude, it can be stated that registration Act has provided provisions for
registration of some documents. It is not only through such provisions, but it
is also through precedents that it is decided whether a document is register
able of not. The reason is that provisions of Registration act about registration
of documents are not exhaustive ones. Therefore, guidance is sometimes,
taken from precedents as far as registration of documents is concerned.
THANKYOU!