1. SNBP Law College
Topic: The Registration Act,1908.
Presenter : Reshma Raichurkar
Roll No : 45
Student : LLB 2nd Year Semester 2
2. WHY REGISTRATION ACT?
● Registration is placing a document in public records for due intimation
to world by charging fee. At this junction, it is deal to spell out the
difference between Stamp Duty and Registration Fee.
● Stamp duty v/s Registration fee
3. Objectives
● To give information to people regarding legal rights and obligations
arising or affecting a particular property.
● To perpetuate documents which may afterwards be of legal importance.
● To ensure proper preservation and record of documents.
● To prevent fraud.
5. SEC. 17 - DOCUMENTS WHOSE
REGISTRATION IS COMPULSORY
● Instruments of gift of immovable property.
● Other non-testamentary instruments [Other than instruments of Gift of immovable
property]
● Non-testamentary instruments which purport to create, declare, assign, limit or
extinguish, whether in present or in future, any such right, title or interest whether
vested or contingent, of the value of Rs. 100/- and above.
● Leases of immovable property from year to year or any term exceeding one year
or reserving a yearly rent.
● Non-testamentary instruments transferring or assigning any decree or order of a
court or any award in order to create interests as mentioned in clause (c).
6. SEC – 18 DOCUMENTS WHOSE
REGISTRATION IS OPTIONAL
● Instruments, (other than instruments of gift and will) which purport or operate to create, declare,
assign, limit or extinguish, whether in present or in future, any right, title or interest, vested or
contingent of value less than Rs.100/- to or in immovable property.
● Instrument acknowledging the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation or extinction of any such right, title or interest.
● Leases of immovable property for any term not exceeding one year.
● Instruments transferring or assigning any decree or order of a court or award when they purport
or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right,
title or interest of a value less than one hundred rupees, to or in immovable property.
● Instruments (other than will) which create, declare, assign, limit or extinguish any right, title or
interest to or in movable property.
● Wills. and
● Other documents not required to be registered u/s 17.
7. TIME LIMIT FOR PRESENTATION FOR
REGISTRATION?
● A document other than a will must be presented within four months of its execution.
● Section 23A deals with re-registration of certain documents.
● Under Section 24 a document executed by several persons at different times may be
presented for registration and re- registration within four months from the date of
each execution.
● As per Section 26 where the registering officer is satisfied that the document was
executed outside India it has been presented for registration within four months of
its arrival in India, he may accept such document for registration on payment of
proper registration fee.
● A document executed outside India is not valid unless it is registered in India.
8. WHETHER REGISTRAR HAS POWER TO REFUSE
REGISTRATION
- Yes
If the executants has no title to the property .
If document is presented four months after its execution
If the document is presented by minor.
If the property is not situated within his sub- district.
Registration cannot be refused on the ground of undervaluation of stamp duty.
9. EFFECT OF NON-REGISTRATION OF DOCUMENTS REQUIRED
TO BE REGISTERED
● Section 49 of the Registration Act, 1908 provides that no document required by Section 17 or by any
provision of the Transfer of Property Act, 1882 to be registered shall:
● affect any immovable property comprised therein; or
● confer any power to adopt; or
● be received as evidence of any transaction affecting such property or conferring such power unless
it has been registered.
● Section 49 is mandatory, and a document which is required to be registered cannot be received in
evidence as affecting immovable property.
● An unregistered document which comes within Section 17 cannot be used in any legal proceeding
to bring out indirectly the effect which it would have if registered.
● However, as provided in provisio to the Section 49, an unregistered document affecting immovable
property and required by this Act or the Transfer of Property Act, 1882 to be registered may be
received as evidence of a contract in a suit for specific performance or as evidence of any collateral
transaction not to be effective by registered instrument.
10. WHAT ARE THE CASES IN WHICH A COMPULSORILY REGISTRABLE
DOCUMENT CAN BE USED IN EVIDENCE, EVEN IF IT HAS NOT BEEN
REGISTERED?
● A compulsory registrable document can be used in evidence, even if it has not been
registered in the following cases:.
● When a part of the compromise related to the property which was beyond the subject
matter of the suit, had been incorporated in the compromise decree and not being a
part of the operative portion thereof did not require registration.
● The combined effect of section 53A of the transfer of property act is that an incomplete
been of transfer, though not registered or even attested, is regard, as a contract in
writing if signed by the transferor or his agent.
● An unregistered document affecting immovable property, required to be registered, may
be received in evidence of a contact in the suit for the specific performance or as
evidence of part – performance of a contract.
