Shreyash Nakhawa

SYLLB 40096

A STUDY ON THE REGISTRATION OF

DOCUMENTS UNDER THE
REGISTRATION ACT, 1908

Land Laws
Rizvi College of
Law
 ABOUT THE REGISTRATION ACT, 1908

• The concept of registration of certain human transactions by State has evolved. To ensure that this process
of registration will be carried in a bonafide way, the need for legislative enactment was felt. Accordingly, in
1908 Registration Act was enacted.

• Registration is the procedure of recording a document with an assigned judicial officer and to keep it as
public record. The intention of the Act is to combine the law relating to registration and it provide for the
way of its registration.

• The act sets down what documents are compulsory for registration. It also provides time limit for
presentation and registration of document and guarantees provision for the proper and presentation of the
document.
 IMPORTANT TERMS

• Document: The Registration Act, 1908 does not define the term document, but under Section 3(16) of
the General Clauses Act, 1897, a document has been defined as follows: “document” shall include any
matter written, expressed or described upon any substance by means of letters, figures or marks or by
more than one of these means, which is intended to be used or which may be used, for the purpose of
recording that matter.

• Instrument: The Registration Act, 1908 does not define the term ‘instrument’; but, the same has been
defined under Section 2(14) of the Indian Stamp Act, 1899 to include every document by virtue of
which any right or liability is, or, reasons to be, created, transferred, extended, extinguished or
recorded.
• Doctrine of Res Nullius: This principle states that at any point of time, a property cannot remain without
an owner.

• Moveable Property: Under Section 2(9) of the Registration Act, 1908, moveable property includes
standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other
description, except immovable property.

• Immovable Property: The term immovable property includes: land; benefits arising out of land; and
things attached to the earth, or permanently fastened to anything attached to the earth under Section
3(26) of the General Clauses Act, 1897,. For the purposes of the Transfer of Property Act, 1882,
immovable property does not include: standing timber, growing crops and grass.
 PURPOSE OF REGISTRATION ACT

• To give information to people regarding legal rights and duties arising or affecting a
particular property.

• To continue documents which may afterwards be of legal importance.

• To ensure proper protection and record of documents.

• To prevent fraud.
 TWO KINDS OF REGISTRATION

As per The Registration Act, 1908, there are two kinds of registration

Registration

Mandatory Optional
 MANDATORY REGISTRATION

Mandatory registration of certain documents are provided under Section 17 of the Indian Registration Act, 1908 which
are as follows: -

• Gift deed related to an immovable property.

• Non-testamentary instruments:                                                                                                 

• Lease of immovable property for reservation of yearly rent or for any term exceeding one year.

• For purpose of Section 53A of Transfer of Property Act, 1882 Contracts for transfer of immovable property for a
consideration is executed on or after the inception of Registration and Other Related Laws (Amendment) Act, 2001.

• Transfer will be considered as invalid for failing to do so.

 OPTIONAL REGISTRATION

It is pertinent to note that not all documents have to be registered. Section 18 provides for optional registration of some documents such as:

• Adoption Deed • Movable property’s Power of Attorney

• Document relating to shares in joint stock company • Immovable property valued below Rs. 100 as per decree or

order of court
• Debentures issued by joint stock company
• Certificate of Sale granted
• Will
• Agreement of Mortgage
• Lease of immovable property not exceeding 1 year
• Promissory note
• Document of a past transaction
• Instrument of partition by Revenue Officer
 PERSONS WHO CAN PRESENT THE
DOCUMENTS FOR REGISTRATION

Persons who can present documents for registration at the proper registration office as per Section 32 are as

follows:

• Any person executing or claiming under the same, claiming under the decree or order or in the case of copy

of a decree or order, or

• The assignee or representative of such person, or

• The representative of such person, or agent of such person, assign, duly authorised by power of attorney

executed and authenticated in the manner of provided under Section 33.

• A Special Power of Attorney is required Under Section 33 of the Registration Act,. A general power of

Attorney is not acceptable.

 TYPES OF BOOKS KEPT BY REGISTRAR

The Registrar keeps 5 Books which are as follows: -

• Book - I: Register of Non-Testamentary documents relating to immovable property.

• Book - II: Record of reasons for refusing to register.

• Book - III: Register of wills and authorities to adopt.

• Book - IV: Miscellaneous register.

• Book -V: Deposits of Wills.

 GROUNDS FOR REFUSAL OF
REGISTRATION

Registrar has power to refuse registration:

• If the executants do not have title to the property.

• 4 months after its execution if a document is presented

• If a minor presents the document.

• If the property is situated outside his sub- district. Registration the same cannot be
refused on the ground of undervaluation of stamp duty.
THANK YOU!