REGISTRATION ACT, 1908

PART I : PRELIMINARY

1. Short title, extent and commencement

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

(2) It extends to the whole of India except the State of Jammu and Kashmir:
PROVIDED that the State Government may exclude any district or tracts of
country from its
Operation.]

(3) It shall come into force on the first day of January, 1909.

2. Definitions
In this Act, unless there is anything repugnant in the subject or context-

(1) "addition" means the place of residence, and the profession, trade, rank and
title, (if any) of a
person described, and, in the case of 3[an Indian], 4[***] 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 means 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;
5[(6A) "India" means the territory of India excluding the State of Jammu and
Kashmir;]

(7) "lease" includes a counterpart, 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 crops 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.

PART II : OF THE REGISTRATION-ESTABLISHMENT

3. Inspector-General of Registration

(1) The State Government shall appoint an officer to be the Inspector-General of

Registration for
the territories subject to such government:
PROVIDED that the State Government may, instead of making such
appointment, direct that all
or any of the powers and duties hereinafter conferred and imposed upon the
Inspector-General
shall be exercised and performed by such officer or officers, and within such local
limits, as the
State Government appoints in this behalf.
(2) Any Inspector-General may hold simultaneously any other office under the
Government.
4. 6[Branch Inspector-General of Sindh]
5. Districts and sub-districts
(1) For the purposes of this Act, the State Government shall form districts and
sub-districts, and
shall prescribe, and may alter, the limits of such district and sub-districts.
(2) The districts and sub-districts formed under this section, together with the
limits thereof, and
every alteration of such limits, shall be notified in the Official Gazette.
(3) Every such alteration shall take effect on such day after the date of the
notification as is
therein mentioned.
6. Registrars and Sub-Registrars
The State Government may appoint such persons, whether public officers or not,
as it thinks
proper, to be Registrars of the several districts, and to be Sub-Registrar of the
several subdistricts,
formed as aforesaid, respectively.
7. Offices of Registrar and Sub-Registrar
(1) The State Government shall establish in every district and office to be styled
the office of the
Registrar and in every sub-district an office or offices to be styled the office of the
Sub-Registrar
or the offices of the Joint Sub-Registrars.
(2) The State Government may amalgamate with any office of a Registrar any
office of a Sub-
Registrar subordinate to such Registrar, and may authorise any Sub-Registrar
whose office has
been so amalgamated to exercise and perform, in addition to his own powers
and duties, all or
any of the powers and duties of the Registrar to whom he is subordinate:
PROVIDED that no such authorisation shall enable a Sub-Registrar to hear an
appeal against an
order passed by himself under this Act.
8. Inspectors of Registration offices
(1) The State Government may also appoint officers, to be called Inspectors of
Registration
offices, and may prescribe the duties of such officers.
(2) Every such Inspector shall be subordinate to the Inspector-General.
9. 7[Military cantonments may be declared sub-districts or districts]
10. Absence of Registrar or vacancy in his office
(1) When any Registrar, other than the Registrar of a district including a
Presidency-town, is
absent otherwise than on duty in his district, or when his office is temporarily
vacant, any person
whom the Inspector-General appoints in this behalf, or, in default of such
appointment, the Judge
of the District Court within the local limits of whose jurisdiction the Registrar's
office is situate,
shall be the Registrar during such absence or until the State Government fills up
the vacancy.
(2) When the Registrar of a district including a Presidency-town is absent
otherwise than on duty
in his district, or when his office is temporarily vacant, any person whom the
Inspector-General
appoints in this behalf shall be the Registrar during such absence, or until the
State Government
fills up the vacancy.
11. Absence of Registrar on duty in his district
When any Registrar is absent from his office on duty in his district, he may
appoint any Sub-
Registrar or other person in his district to perform, during such absence, all the
duties of a
Registrar except those mentioned in sections 68 and 72.
12. Absence of Sub-Registrar or vacancy in his office.
When any Sub-Registrar is absent, or when his office is temporarily vacant, any
person whom the
Registrar of the district appoints in this behalf shall be Sub-Registrar during such
absence, or until
8[the vacancy is filled up].
13. Report to State Government of appointments under sections 10, 11 and
12
(1) 9[***] All appointments made under section 10, section 11 or section 12 shall
be reported to
the State Government by the Inspector-General.
(2) Such report shall be either special or general, as the State Government
directs.
10[***]
14. Establishments of registering officers
11[***]
(2) The State Government may allow proper establishments for the several
offices under this Act.
15. Seal of registering officers
The several Registrars and Sub-Registrars shall use a seal bearing the following
inscription in
English and in such other language as the State Government directs:
"The seal of the Registrar (or of the Sub-Registrar) of".
16. Register-books and fire-proof boxes
(1) The State Government shall provide for the office of every registering officer
the books
necessary for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time prescribed by
the Inspector-
General, with the sanction of the State Government, and the pages of such
books shall be
consecutively numbered in print, and the number of pages in each book shall be
certified on the
title-page by the officer by whom such books are issued.
(3) The State Government shall supply the office of every Registrar with a fire-
proof box, and
shall in each district make suitable provision for the safe custody of the records
connected with
the registration of documents in such district.
PART III : OF REGISTRABLE DOCUMENTS
17. Documents of which registration is compulsory
(1) The following documents shall be registered.
(a) instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create,

declare, assign, limit
or extinguish, whether in present or in future, any right, title or interest, whether
vested or
contingent, of the value of one hundred rupees, and upwards, to or in immovable
property;

(c) non-testamentary instruments which acknowledge the receipt or payment of

any consideration
on account of the creation, declaration, assignment, limitation or extinction of any
such right, title
or interest; and

(d) leases of immovable property from year to year, or for any term exceeding
one year, or
reserving a yearly rent;
(e) non-testamentary instruments transferring or assigning any decree or order of
a court or
any award when such decree or order or award purports or operates to create,
declare, assign,
limit or extinguish, whether in present or in future, any right, title or interest,
whether vested or
contingent, of the value of one hundred rupees and upwards, to or in immovable
property:]
PROVIDED that the State Government may, by order published in the Official
Gazette, exempt
from the operation of this sub-section any leases executed in any district, or part
of a district, the
terms granted by which do not exceed five years and the annual rent reserved by
which do not
exceed fifty rupees.
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
(i) any composition-deed; or
(ii) any instrument relating to shares in a joint Stock Company, notwithstanding
that the assets of
such company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such company and not creating, declaring,
assigning, limiting or
extinguishing any right, title or interest, to or in immovable property except insofar
as it entitles the
holder to the security afforded by a registered instrument whereby the company
has mortgaged,
conveyed or otherwise transferred the whole or part of its immovable property or
any interest
therein to trustees upon trust for the benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by any such
company; or
(v) any document not itself creating, declaring, assigning, limiting or extinguishing
any right, title
or interest of the value of one hundred rupees and upwards to or in immovable
property, but
merely creating a right to obtain another document which will, when executed,
create, declare,
assign, limit or extinguish any such right, title or interest; or
(vi) any decree or order of a court 13[except a decree or order expressed to be
made on a
compromise and comprising immovable property other than that which is the
subject-matter of the
suit or proceeding;] or
(vii) any grant of immovable property by government; or
(viii) any instrument of partition made by a revenue-officer; or
(ix) any order granting a loan or instrument of collateral security granted under
the Land
Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
(x) any order granting a loan under the Agriculturists Loans Act, 1884, or
instrument for securing
the repayment of a loan made under that Act; or
14[(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890)
vesting any
property in a Treasurer of Charitable Endowments or divesting any such
treasurer of any
property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the
whole or any part of
the mortgage-money, and any other receipt for payment of money due under a
mortgage when
the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public
auction by a
civil or revenue-officer.
15[Explanation: A document purporting or operating to effect a contract for the
sale of immovable
property shall not be deemed to require or ever to have required registration by
reason only of the
fact that such document contains a recital of the payment of any earnest money
or of the whole or
any part of the purchase money.]
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and
not conferred by a
will, shall also be registered.
18. Documents of which registration is optional
Any of the following documents may be registered under this Act, namely:-
(a) instruments (other than instruments of gift and wills) which purport or operate
to create,
declare, assign, limit or extinguish, whether in present or in future, any right, title
or interest,
whether vested or contingent, of a value less than one hundred rupees, to or in
immovable
property;
(b) instruments 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;
(c) leases of immovable property for any term not exceeding one year, and
leases exempted
under section 17;
16[(cc) instruments transferring or assigning any decree or order of a court or
any award when
such decree or order or award purports or operates to create, declare, assign,
limit or extinguish,
whether in present or in future, any right, title or interest, whether vested or
contingent, of a value
less than one hundred rupees, to or in immovable property;]
(d) instruments (other than wills) which purport or operate to create, declare,
assign, limit or
extinguish any right, title or interest to or in movable property;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
19. Documents in language not understood by registering officer
If any document duly presented for registration be in a language which the
registering officer does
not understand, and which is not commonly used in the district, he shall refuse to
register the
document, unless it be accompanied by a true translation into a language
commonly used in the
district and also by a true copy.
20. Documents containing interlineations, blanks, erasures or alterations
(1) The registering officer may in his discretion refuses to accept for registration
any document in
which any interlineation, blank, erasure or alteration appears, unless the persons
executing the
document attest with their signatures or initials such interlineation, blank, erasure
or alteration.
(2) If the registering officer registers any such document, he shall, at the time of
registering the
same, make a note in the register of such interlineation, blank, erasure or
alteration.
21. Description of property and maps or plans
(1) No non-testamentary document relating to immovable property shall be
accepted for
registration unless it contains a description of such property sufficient to identify
the same.
(2) Houses in towns shall be described as situate on the north or other side of the
street or road
(which should be specified) to which they front, and by their existing and former
occupancies, and
by their numbers if the houses in such street or road are numbered.
(3) Other houses and land shall be described by their name, if any, and as being
the territorial
division in which they are situate, and by their superficial contents, the roads and
other properties
on which they abut, and their existing occupancies, and also, whenever it is
practicable, by
reference to a government map or survey.
(4) No non-testamentary document containing a map or plan of any property
comprised therein
shall be accepted for registration unless it is accompanied by a true copy of the
map or plan, or,
in case such property is situate in several districts, by such number of true copies
of the map or
plans as are equal to the number of such districts.
22. Description of houses and land by reference to government maps of
surveys
(1) Where it is, in the opinion of the State Government, practicable to describe
houses, not being
houses in towns, and lands by reference to a government map or survey, the
State Government
may, by rule made under this Act, require that such houses and lands as
aforesaid shall, for the
purposes of section 21, be so described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to
comply with the
provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a
document to be
registered if the description of the property to which it relates is sufficient to
identify that property.
PART IV : OF THE TIME OF PRESENTATION
23. Time for presenting documents
Subject to the provisions contained in sections 24, 25 and 26, no document other
than a will shall
be accepted for registration unless presented for that purpose to the proper
officer within four
months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four
months from the date
on which the decree or order was made or, where it is appealable, within four
months from the
day on which it becomes final.
17[23A. Re-registration of certain documents
Notwithstanding anything to the contrary contained in this Act, if in any case a
document requiring
registration has been accepted for registration by a Registrar or Sub-Registrar
from a person not
duly empowered to present the same, and has been registered, any person
claiming under such
document may, within four months from his first becoming aware that the
registration of such
document is invalid, present such document or cause the same to be presented,
in accordance
with the provisions of Part VI for re-registration in the office of the Registrar of the
district in which
the document was originally registered; and upon the Registrar being satisfied
that the document
was so accepted for registration from a person not duly empowered to present
the same, he shall
proceed to the re-registration of the document as if it has not been previously
registered, and as if
such presentation for re-registration was a presentation for registration made
within the time
allowed therefor under Part IV, and all the provisions of this Act, as to registration
of documents,
shall apply to such re-registration; and such document, if duly re-registered in
accordance with
the provisions of this section, shall be deemed to have been duly registered for
all purposes from
the date of its original registration:
PROVIDED that, within three months from the twelfth day of September, 1917,
any person
claiming under a document to which this section applies may present the same
or cause the
same to be presented for re-registration in accordance with this section,
whatever may have been
the time when he first became aware that the registration of the document was
invalid.]
24. Documents executed by several persons at different times
Where there are several persons executing a document at different times, such
document may be
presented for registration and re-registration within four months from the date of
each execution.
25. Provision where delay in presentation is unavoidable
(1) If ,owing to urgent necessity or unavoidable accident, any document
executed, or copy of a
decree or order made, in 18[India] is not presented for registration till after the
expiration of the
time hereinbefore prescribed in that behalf, the Registrar, in cases where the
delay in
presentation does not exceed four months, may direct that, on payment of a fine
not exceeding
ten times the amount of the proper registration-fee, such document shall be
accepted for
registration.
(2) Any application for such direction may be lodged with Sub-Registrar, who
shall forthwith
forward it to the Registrar to whom he is subordinate.
26. Documents executed out of India
When a document purporting to have been executed by all or any of the parties
out of 18[India] is
not presented for registration till after the expiration of the time hereinbefore
prescribed in that
behalf, the registering officer, if satisfied-
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months after its arrival in
18[India]
may, on payment of the proper registration-fee, accept such document for
registration.
27. Wills may be presented or deposited at any time
A will may at any time be presented for registration or deposited in manner
hereinafter provided.
PART V : OF THE PLACE OF REGISTRATION
28. Place for registering documents relating to land
Save as in this Part otherwise provided, every document mentioned in section
17, sub-section
(1), clauses (a), (b), (c), 19[(d) and (e), section 17, sub-section. (2), insofar as
such document
affects immovable property, and section 18, clauses (a), (b) 20[(c) and (cc)], shall
be presented
for registration in the office of a Sub-Registrar within whose sub-district the whole
or some portion
of the property to which such document relates is situate.
29. Place for registering other documents
(1) Every document 21[not being a document referred to in section 28 or a copy
of a decree or
order], may be presented for registration either in the office of the Sub-Registrar
in whose subdistrict
the document was executed, or in the office of any other Sub-Registrar under the
State
Government at which all the persons executing and claiming under the document
desire the
same to be registered.
(2) A copy of a decree or order may be presented for registration in the office of
the Sub-Registrar
in whose sub-district the original decree or order was made or, where the decree
or order does
not affect immovable property, in the office of any other Sub-Registrar under the
State
Government at which all the persons claiming under the decree or order desire
the copy to be
registered.
30. Registration by Registrars in certain cases
(1) Any Registrar may in his discretion receive and register any document which
might be
registered by any Sub-Registrar subordinate to him.
(2) 22[The Registrar of a district in which a Presidency-Town is included and the
Registrar of the
Delhi district] 23[***] may receive and register any document referred to in
section 28 without
regard to the situation in any part of 18[India] of the property to which the
document relates.
31. Registration or acceptance for deposit at private residence
In ordinary cases the registration or deposit of documents under this Act shall be
made only at
the office of the officer authorised to accept the same for registration or deposit:
PROVIDED that such officer may on special cause being shown attend at the
residence of any
person desiring to present a document for registration or to deposit a will, and
accept for
registration or deposit such document or will.
PART VI : OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration
Except in the cases mentioned in 24[sections 31, 88 and 89], every document to
be registered
under this Act, whether such registration be compulsory or optional, shall be
presented at the
proper registration office-
(a) by 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
(b) by the representative or assignee of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by
power-of-attorney
executed and authenticated in manner hereinafter mentioned.
33. Power-of-attorney recognisable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone
be recognised,
namely:-
(a) if the principal at the time of executing the power-of-attorney resides in any
part of 18[India] in
which this Act is for the time being in force, a power-of-attorney executed before
and
authenticated by the Registrar or Sub-Registrar within whose district or sub-
district the principal
resides;
(b) if the principal at the time aforesaid 25[resides in any part of India in which
this Act is not in
force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 18[India], a power-of-
attorney executed
before and authenticated by Notary Public, or any court, Judge, Magistrate,
26[Indian] Consul or
vice-consul, or representative 27[***] of the Central Government:
PROVIDED that the following persons shall not be required to attend at any
registration-office or
court for the purpose of executing any such power-of-attorney as is mentioned in
clauses (a) and
(b) of this section, namely-
(i) persons who by reason of bodily infirmity are unable without risk or serious
inconvenience so
to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5[Explanation: In this sub-section "India" means India, as defined in clause (28)
of section 3 of the
General Clauses Act, 1897.]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate,
as the case
may be, if satisfied that the power-of-attorney has been voluntarily executed by
the person
purporting to be the principal, may attest the same without requiring his personal
attendance at
the office or court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar
or Sub-Registrar
or Magistrate may either himself go to the house of the person purporting to be
the principal, or to
the jail in which he is confined, and examine him, or issue a commission for his
examination.
(4) Any power-of-attorney mentioned in this section may be proved by the
production of it without
further proof when it purports on the face of it to have been executed before and
authenticated by
the person or court hereinbefore mentioned in that behalf.
34. Enquiry before registration by registering officer
(1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69,
75, 77, 88 and
89, no document shall be registered under this Act, unless the person executing
such document,
or their representatives, assigns or agents authorised as aforesaid, appear
before the registering
officer within the time allowed for presentation under sections 23, 24, 25 and 26:
PROVIDED that, if owing to urgent necessity or unavoidable accident all such
persons do not so
appear, the Registrar, in cases where the delay in appearing does not exceed
four months, may
direct that on payment of a fine not exceeding ten times the amount of the proper
registration fee,
in addition to the fine, if any, payable under section 25, the document may be
registered.
(2) Appearances under sub-section (l) may be simultaneous or at different times.
(3) The registering officer shall thereupon-
(a) enquire whether or not such document was executed by the person by whom
it purports to
have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and
alleging that they
have executed the document; and
(c) in the case of any person appearing as a representative, assignee or agent,
satisfy himself of
the right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1) may be
lodged with a Sub-
Registrar, who shall forthwith forward it to the Registrar to whom he is
subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
35. Procedure on admission and denial of execution respectively
(1)(a) If all the persons executing the document appear personally before the
registering officer
and are personally known to him, or if he be otherwise satisfied that they are the
persons they
represent themselves to be, and if they all admit the execution of the document,
or
(b) If in the case of any person appearing by a representative, assignee or agent,
such
representative, assignee or agent admits the execution, or
(c) If the person executing the document is dead, and his representative or
assignee appears
before the registering officer and admits the execution,
the registering officer shall register the document as directed in sections 58 to 61,
inclusive.
(2) The registering officer may, in order to satisfy himself that the persons
appearing before him
are the persons they represent themselves to be, or for any other purpose
contemplated by this
Act, examine any one present in his office.
(3)(a) If any person by whom the document purports to be executed denies its
execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or
a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his
representative
or assignee denies its execution,
the registering officer shall refuse to register the document as to the person so
denying,
appearing or dead:
PROVIDED that, where such officer is a Registrar, he shall follow the procedure
prescribed in
Part XII:
28[PROVIDED FURTHER that the State Government may, by notification in the
Official Gazette,
declare that any Sub-Registrar named in the notification shall, in respect of
documents the
execution of which is denied, be deemed to be a Registrar for the purposes of
this sub-section
and of Part XII. ]
PART VII : OF ENFORCING THE APPEARANCE OF EXECUTANTS AND
WITNESSES
36. Procedure where appearance of executant or witness is desired
If any person presenting any document for registration or claiming under any
document, which is
capable of being so presented, desires the appearance of any person whose
presence or
testimony is necessary for the registration of such document, the registering
officer may, in his
discretion, call upon such officer or court as the State Government directs in this
behalf to issue a
summons requiring him to appear at the registration-office, either in person or by
duly authorised
agent, as in the summons may be mentioned, and at a time named therein.
37. Officer or court to issue and cause service of summons
The officer or court, upon receipt of the peon's fee payable in such cases, shall
issue the
summons accordingly, and cause it to be served upon the person whose
appearance is so
required.
38. Persons exempt from appearance at registration office
(1) (a) A person who by reason of bodily infirmity is unable without risk or serious
inconvenience
to appear at the registration-office, or
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in court, and who would
but for the
provisions next hereinafter contained be required to appear in person at the
registration-office,
shall not be required so to appear.
(2) In the case of every such person the registration-officer shall either himself go
to the house of
such person, or to the hall in which he is confined, and examine him or issue a
commission for his
examination.
39. Law as to summonses, commissions and witnesses
The law in force for the time being as to summonses, commissions and
compelling the
attendance of witnesses and for their remuneration in suits before civil courts,
shall, save as
aforesaid and mutatis mutandis, apply to any summons or commission issued
and any person
summoned to appear under the provisions of this Act.
PART VIII : OF PRESENTING WILLS AND AUTHORITIES TO ADOPT
40. Persons entitled to present Wills and authorities to adopt
(1) The testator, or after his death any person claiming as executor or otherwise
under a will, may
present it to any Registrar or Sub-Registrar for registration.
(2) The donor, or after his death the donee, of any authority to adopt, or the
adoptive son, may
present it to any Registrar or Sub-Registrar for registration.
41. Registration of Wills and authorities to adopt
(1) A will or an authority to adopt presented for registration by the testator or
donor, may be
registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other person
entitled to present it
shall be registered if the registering officer is satisfied-
(a) that the will or authority was executed by the testator or donor, as the case
may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to
present the
same.
PART IX : OF THE DEPOSIT OF WILLS
42. Deposit of Wills
Any testator may, either personally or by duly authorised agent, deposit with any
Registrar his will
in a sealed cover superscribed with the name of the testator and that of his agent
(if any) and with
a statement of the nature of the document.
43. Procedure on deposit of Wills
(1) On receiving such cover, the Registrar, if satisfied that the person presenting
the same for
deposit is the testator or his agent, shall transcribe in his Register-book No.5 the
superscription
aforesaid, and shall not in the same book and on the said cover the year, month,
day and hour of
such presentation and receipt, and the names of any persons who may testify to
the identity of
the testator or his agent, and any legible inscription which may be on the seal of
the cover.
(2) The Registrar shall then place and retain the sealed cover in his fireproof box.
44. Withdrawal of sealed cover deposited under section 42
If the testator who has deposited such cover wishes to withdraw it, he may apply,
either
personally or by duly authorised agent, to the Registrar who holds it in deposit,
and such
Registrar, if satisfied that the applicant is actually the testator or his agent, shall
deliver the cover
accordingly.
45. Proceedings on death of depositor
(1) If, on the death of a testator who has deposited a sealed cover under section
42, application
be made to the Registrar who holds it in deposit to open the same, and if the
Registrar is satisfied
that the testator is dead, he shall, in the applicant's presence, open the cover,
and, at the
applicant's expense, cause the contents thereof to be copied into his Book No.3.
(2) When such copy has been made, the Registrar shall re-deposit the original
will.
46. Saving of certain enactments and powers of courts
(1) Nothing hereinbefore contained shall affect the provisions of section 259 of
the Indian
Succession Act, 1865, or of section 81 of the Probate and Administration Act,
1881, or the power
of any court by order to compel the production of any will.
(2) When any such order is made the Registrar shall, unless the will has been
already copied
under section 45, open the cover and cause the will to be copied into his Book
No.3 and make a
notice on such copy that the original has been removed in to court in pursuance
of the order
aforesaid.
PART X : OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION
47. Time from which registered document operates
A registered document shall operate from the time from which it would have
commenced to
operate if no registration thereof had been required or made, and not from the
time of its
registration.
48. Registered documents relating to property when to take effect against
oral agreements
All non-testamentary documents duly registered under this Act, and relating to
any property,
whether movable or immovable, shall take effect against any oral agreement or
declaration
relating to such property, unless where the agreement or declaration has been
accompanied or
followed by delivery of possession 12[and the same constitutes a valid transfer
under any law for
the time being in force:
PROVIDED that a mortgage by deposit of title-deeds as defined in section 58 of
the Transfer of
Property Act, 1882, shall take effect against any mortgage-deed subsequently
executed and
registered which relates to the same property.
49. Effect of non-registration of documents required to be registered
No document required by section 17 32[or by any provision of the Transfer of
Property Act, 1882]
to be registered shall-
(a) affect any immovable property comprised therein, or
(b) confer any power to adopt, or
(c) be received as evidence of any transaction affecting such property or
conferring such power,
unless it has been registered:
32[PROVIDED that 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 under Chapter II of the Specific Relief
Act, 1877, or as
evidence of part performance of a contract for the purposes of section 53A of the
Transfer of
Property Act, 1882, or as evidence of any collateral transaction not required to be
effected by
registered instrument.]
50. Certain registered documents relating to land to take effect against
unregistered
documents
(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of
section 17, subsection
(1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as
regards
the property comprised therein, against every unregistered document relating to
the same
property, and not being a decree or order, whether such unregistered document
be of the same
nature as the registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to
sub-section (1) of
section 17 or to any document mentioned in sub-section (2) of the same section,
or to any
registered document which had not priority under the law in force at the
commencement of this
Act.
Explanation : In cases where Act No. XVI of 1864 or the Indian Registration Act,
1866, was in
force in the place and at the time in and at which such unregistered document
was executed,
"unregistered" means not registered according to such Act, and, where the
document is executed
after the first day of July, 1871, not registered under the Indian Registration Act,
1871, or the
Indian Registration Act, 1877, or this Act.
PART XI : OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the register-books and indexes
51. Register books to be kept in the several offices
(1) The following books shall be kept in the several offices hereinafter named,
namely:-
(A) In all registration offices-
Book 1, "Register of non-testamentary documents relating to immovable
property";
Book 2, "Record of reasons for refusal to register";
Book 3, "Register of wills and authorities to adopt"; and
Book 4, "Miscellaneous Register";
(B) In the offices of Registrar’s-
Book 5, "Register of deposits of wills".
(2) In Book 1 shall be entered or filed all documents or memoranda registered
under sections
17,18 and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f)
of section 18
which do not relate to immovable property.
(4) Nothing in this section shall be deemed to require more than one set of books
where the office
of the Registrar has been amalgamated with the office of a Sub-Registrar.
52. Duties of registering officers when document presented
(1)(a) The day, hour and place of presentation, and the signature of every person
presenting a
document for registration, shall be endorsed on every such document at the time
of presenting it;
(b) a receipt for such document shall be given by the registering officer to the
person presenting
the same; and
(c) subject to the provisions contained in section 62, every document admitted to
registration shall
without unnecessary delay be copied in the book appropriated therefor according
to the order of
its admission.
(2) All such books shall be authenticated at such intervals and in such manner as
is from time to
time prescribed by the Inspector-General.
53. Entries to be numbered consecutively
All entries in each book shall be numbered in a consecutive series, which shall
commence and
terminate with the year, a fresh series being commenced at the beginning of
each year.
54. Current indexes and entries therein
In every office in which any of the books hereinbefore mentioned are kept, there
shall be
prepared current indexes of the contents of such books, and every entry in such
indexes shall be
made, so far as practicable, immediately after the registering officer has copied,
or filed a
memorandum of, the document to which it relates.
55. Indexes to be made by registering officers, and their contents
(1) Four such indexes shall be made in all registration offices, and shall be
named, respectively,
Index No.I,-Index No.II, Index NO.III and Index No. IV.
(2) Index No.I shall contain the names and additions of all persons executing and
of all persons
claiming under every document entered or memorandum filed in Book No.1.
(3) Index No. II shall contain such particulars mentioned in section 21 relating to
every such
document and memorandum as the Inspector-General from time to time directs
in that behalf.
(4) Index No. III shall contain the names and additions of all persons executing
every will and
authority entered in Book No. 3, and of the executors and persons respectively
appointed
thereunder, and after the death of the testator or the donor (but not before) the
names and
additions of all persons claiming under the same.
(5) Index No. IV shall contain the names and additions of all persons executing
and of all persons
claiming under every document entered in Book No. 4.
(6) Each Index shall contain such other particulars, and shall be prepared in such
form, as the
Inspector-General from time to time directs.
56. Copy of entries in Indexes Nos.I, II and III to be sent by Sub-Registrar to
Registrar and
filed
[Repealed by the Indian Registration (Amendment) Act, 1929]
57. Registering officers to allow inspection of certain books and indexes,
and to give
certified copies of entries
(1) Subject to the previous payment of the fees payable in that behalf, the Book
Nos. 1 and 2 and
the Indexes relating to Book No. 1 shall be at all times open to inspection by any
person applying
to inspect the same; and, subject to the provisions of section 62, copies of entries
in such books
shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No.3 and in the
Index relating
thereto shall be given to the persons executing the documents to which such
entries relate, or to
their agents, and after the death of the executants (but not before) to any person
applying for
such copies.
(3) Subject to the same provisions, copies of entries in Book No.4 and in the
Index relating
thereto shall be given to any person executing or claiming under the documents
to which such
entries respectively refer, or to his agent or representative.
(4) The requisite search under the section for entries in Book Nos. 3 and 4 shall
be made only by
the registering officer.
(5) All copies given under this section shall be signed and sealed by the
registering officer, and
shall be admissible for the purpose of proving the contents of the original
documents.
(B) As to the procedure on admitting to registration
58. Particulars to be endorsed on documents admitted to registration
(1) On every document admitted to registration, other than a copy of a decree or
order, or a copy
sent to a registering officer under section 89, there shall be endorsed from time
to time the
following particulars, namely,-
(a) the signature and addition of every person admitting the execution of the
document, and, if
such execution has been admitted by the representative, assignee or agent of
any person, the
signature and addition of such representative, assignee or agent;
(b) the signature and addition of every person examined in reference to such
document under
any of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of the
registering officer in
reference to the execution of the document, and any admission of receipt of
consideration, in
whole or in part, made in his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to endorse the
same, the
registering officer shall nevertheless register it, but shall at the same time
endorse a note of such
refusal.
59. Endorsements to be dated and signed by registering officer
The registering officer shall affix the date and his signature to all endorsements
made under
sections 52 and 58, relating to the same document and made in his presence on
the same day.
60. Certificate of registration
(1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any
document presented
for registration have been complied with, the registering officer shall endorse
thereon a certificate
containing the word "registered ", together with the number and page of the book
in which the
document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer,
and shall then be
admissible for the purpose of proving that the document has been duly registered
in manner
provided by this Act, and that the facts mentioned in the endorsements referred
to in section 59
have occurred as therein mentioned.
61. Endorsements and certificate to be copied and document returned
(1) The endorsements and certificate referred to and mentioned in sections 59
and 60 shall
thereupon be copied into the margin of the Register-book, and the copy of the
map or plan (if
any) mentioned in section 21 shall be filed in Book No.1.
(2) The registration of the document shall thereupon be deemed complete, and
the document
shall then be returned to the person who presented the same for registration, or
to such other
person (if any) as he has nominated in writing in that behalf on the receipt
mentioned in section
52.
62. Procedure on presenting document in language unknown to registering
officer
(1) When a document is presented for registration under section 19, the
translation shall be
transcribed in the register of documents of the nature of the original, and,
together with the copy
referred to in section 19, shall be filed in the registration office.
(2) The endorsements and certificate respectively mentioned in sections 59 and
60 shall be made
on the original, and, for the purpose of making the copies and memoranda
required by sections
57, 64, 65 and 66, the translation shall be treated as if it were the original.
63. Power to administer oaths and record of substances of statements
(1) Every registering officer may at his discretion administer an oath to any
person examined by
him under the provisions of this Act.
(2) Every such officer may also at his discretion record a notice of the substance
of the statement
made by each such person, and such statement shall be read over, or (if made in
a language with
which such person is not acquainted) interpreted to him in a language with which
he is
acquainted, and, if he admits the correctness of such notice, it shall be signed by
the registering
officer.
(3) Every such note so signed shall be admissible for the purpose of proving that
the statements
therein recorded were made by the persons and under the circumstances therein
stated.
(C) Special duties of Sub-Registrar
64. Procedure where document relates to land in several Sub-Districts
Every Sub-Registrar on registering a non-testamentary document relating to
immovable property
not wholly situate in his own sub-district shall make a memorandum thereof and
of the
endorsement and certificate (if any) thereon, and send the same to every other
Sub-Registrar
subordinate to the same Registrar as himself in whose sub-district any part of
such property is
situate, and such Sub-Registrar shall file the memorandum in his Book No.1.
65. Procedure where document relates to land in several Districts
(1) Every Sub-Registrar on registering a non-testamentary document relating to
immovable
property situate in more districts than one shall also forward a copy thereof and
of the
endorsement and certificate (if any) thereon, together with a copy of the map or
plan (if any)
mentioned in section 21, to the Registrar of every district in which any part of
such property is
situate other than district in which his own sub-district is situate.
(2) The Registrar on receiving the same shall file in his Book No.1 the copy of the
document and
the copy of the map or plan (if any), and shall forward a memorandum of the
document to each of
the Sub-Registrars subordinate to him within whose sub-district any part of such
property is
situate; and every Sub-Registrar receiving such memorandum shall file in his
Book No.1.
(D) Special duties of Registrar
66. Procedure after registration of documents relating to land
(1) On registering any non-testamentary document relating to immovable
property the Registrar
shall forward a memorandum of such document to each Sub-Registrar
subordinate to himself in
whose sub-district any part of the property is situate.
(2) The registered shall also forward a copy of such document together with copy
of the map or
plan (if any) mentioned in section 21, to every other Registrar in whose district
any part of such
property is situate.
(3) Such Registrar on receiving any such copy shall file it in his Book No.1, and
shall also send a
memorandum of the copy to each of the Sub-Registrars subordinate to him within
whose subdistrict
any part of the property is situate.
(4) Every Sub-Registrar receiving any memorandum under this section shall file it
in this Book
No.1.
67. Procedure after registration under section 30, sub-section (2)
On any document being registered under section 30, sub-section (2), a copy of
such document
and of the endorsements and certificate thereon shall be forwarded to every
Registrar within
whose district any part of the property to which the instrument relates is situate,
and the Registrar
receiving such copy shall follow the procedure prescribed for him in section 66,
sub-section (1).
(E) Of the controlling powers of Registrars and Inspector-General
68.Powers of Registrar to superintend and control Sub-Registrars
(1) Every Sub-Registrar shall perform the duties of his office under the
superintendence and
control of the Registrar in whose district the office of such Sub-Registrar is
situate.
(2) Every Registrar shall have authority to issue (whether on complaint or
otherwise) any order
consistent with this Act which he considers necessary in respect of any act or
omission of any
Sub-Registrar subordinate to him or in respect of the rectification of any error
regarding the book
or the office in which any document has been registered.
69. Power of Inspector-General to superintend registration offices and
make rules
(1) The Inspector-General shall exercise a general superintendence over all the
registrationoffices
in the territories under the State Government, and shall have power from time to
time to
make rules consistent with this Act-
(a) providing for the safe custody of books, papers and documents 29[***];
(b) declaring what languages shall be deemed to be commonly used in each
district;
(c) declaring what territorial divisions shall be recognised under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34,
respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by
section 63;
(f) regulating the form in which registering officers are to make memoranda of
documents,
(g) regulating the authentication by Registrars and Sub-Registrars of the books
kept in their
respective offices under sections 51;
14[(gg) regulating the manner in which the instruments referred to in sub-section
(2) of section 88
may be presented for registration;]
(h) declaring the particulars to be contained in Index Nos. I, II, III and IV,
respectively;
(i) declaring the holidays that shall be observed in the registration offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the State Government for approval,
and, after they
have been approved, they shall be punished in the Official Gazette, and on
publication shall have
effect as if enacted in this Act.
70. Power of Inspector-General to remit fines
The Inspector-General may also, in the exercise of his discretion, remit wholly or
in part the
difference between any fine levied under section 25 or section 34, and the
amount of the proper
registration fee.
PART XII : OF REFUSAL TO REGISTER
71. Reasons for refusal to register to be recorded
(1) Every Sub-Registrar refusing to register a document, except on the ground
that the property to
which it relates is not situate within his sub-district, shall make an order of refusal
and record his
reasons for such order in his Book No. 2, and endorse the words "registration
refused" on the
document; and, on application made by any person executing or claiming under
the document,
shall, without payment and unnecessary delay, give him a copy of the reasons so
recorded.
(2) No registering officer shall accept for registration a document so endorsed
unless and until,
under the provisions hereinafter contained, the document is directed to be
registered.
72. Appeal to Registrar from orders of Sub-Registrar refusing registration
on grounds
other than denial of execution
(l.) Except where the refusal is made on the ground of denial of execution, an
appeal shall lie
against an order of a Sub-Registrar refusing to admit a document to registration
(whether the
registration of such document is compulsory or optional) to the Registrar to whom
such Sub-
Registrar is subordinate, if presented to such Registrar within thirty days from the
date of the
order; and the Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the
document is duly
presented for registration within thirty days after the making of such order, the
Sub-Registrar shall
obey the same, and thereupon shall, so far as may be practicable, follow the
procedure
prescribed in sections 58, 59 and 60; and such registration shall take effect as if
the document
had been registered when it was first duly presented for registration.
73. Application to Registrar where Sub-Registrar refuses to register on
ground of denial of
execution
(1) When a Sub-Registrar has refused to register a document on the ground that
any person by
whom it purports to be executed, or his representative or assign, denies its
execution, any person
claiming under such document, or his representative, assignee or agent
authorised as aforesaid,
may, within thirty days after the making of the order of refusal, apply to the
Registrar to whom
such Sub-Registrar is subordinate in order to establish his right to have the
document registered.
(2) Such application shall be in writing and shall be accompanied by a copy of
the reasons
recorded under section 71, and the statements in the application shall be verified
by the applicant
in manner required by law for the verification of plaints.
74. Procedure of Registrar on such application
In such case, and also where such denial as aforesaid is made before a
Registrar in respect of a
document presented for registration to him, the Registrar shall, as soon as
conveniently may be,
enquire-
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have been
complied with on
the part of the applicant or person presenting the document for registration, as
the case may be,
so as to entitle the document to registration.
75. Order by Registrar to register and procedure thereon
(1) If the Registrar finds that the document has been executed and that the said
requirements
have been complied with, he shall order the document to be registered.
(2) If the document is duly presented for registering within thirty days after the
making of such
order, the registering officer shall obey the same and thereupon shall, so far as
may be
practicable, follow the procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been registered
when it was first
duly presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74, summon
and enforce the
attendance of witness, and compel them to give evidence, as if he were a civil
court, and he may
also direct by whom the whole or any part of the costs of any such enquiry shall
be paid, and
such costs shall be recoverable as if they had been awarded in a suit under the
Code of Civil
Procedure, 1908.
76. Order of refusal by Registrar
(1) Every Registrar refusing-
(a) to register a document except on the ground that the property to which it
relates does not
situate within his district or that the document ought to be registered in the office
of a Sub-
Registrar, or
(b) to direct the registration of a document under section 72 or section 75, shall
make an order of
refusal and record the reasons for such order in his Book No. 2 and, on
application made by any
person executing or claiming under the document, shall, without unnecessary
delay, give him a
copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar
(1) Where the Registrar refuses to order the document to be registered, under
section 72 or
section 76, any person claiming under such document, or his representative,
assignee or agent,
may, within thirty days after the making of the order of refusal, institute in the civil
court, within the
local limits of whose original jurisdiction is situate the office in which the
document is sought to be
registered, a suit for a decree directing the document to be registered in such
office if it be duly
presented for registration within thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section75 shall,
mutatis mutandis,
apply to all documents presented for registration in accordance with any such
decree, and,
notwithstanding anything contained in this Act, the documents shall be receivable
in evidence in
such suit.
PART XIII : OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES
78. Fees to be fixed by State Government
30[***] The State Government shall prepare a table of fees payable-
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents, before, on or
after registration;
and of extra or additional fees payable-
(d) for every registration under section 30;
(e) for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
(h) for the safe custody and return of documents; and
(i) for such other matters as appear to the State Government necessary to effect
the purposes of
this Act.
79. Publication of fees
A table of the fees so payable shall be published in the Official Gazette, and a
copy thereof in
English and the vernacular language of the district shall be exposed to public
view in every
registration office.
80. Fees payable on presentation
All fees for the registration of documents under this Act shall be payable on the
presentation of
such documents.
PART XIV : OF PENALTIES
81. Penalty for incorrectly endorsing, copying, translating or registering
documents with
intent to injure
Every registering officer appointed under this Act and every person employed in
his office for the
purposes of this Act, who, being charged with the endorsing, copying, translating
or registering of
any document presented or deposited under its provisions, endorses, copies,
translates or
registers such document in a manner which he knows or believes to be incorrect,
intending
thereby to cause or knowing it to be likely that he may thereby cause injury, as
defined in the
Indian Penal Code, to any person, shall be punishable with imprisonment for a
term which may
extend to seven years, or with fine, or with both.
82. Penalty for making false statements, delivering false copies or
translations, false
personation, and abetment
Whoever(
a) intentionally makes any false statement, whether on oath or not, and whether
it has been
recorded or not, before any officer acting in execution of this Act, in any
proceeding or enquiry
under this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under section
19 or section 21,
a false copy or translation of a document, or a false copy of a map or plan; or
(c) falsely personates another, and in such assumed character presents any
document, or makes
any admission or statement, or causes any summons or commission to be
issued, or does any
other act in any proceeding or enquiry under this Act; or
(d) abets anything made punishable by this Act; shall be punishable with
imprisonment for a term
which may extend to seven years, or with fine, or with both.
83. Registering officer may commence prosecutions
(1) A prosecution for any offence under this Act coming to the knowledge of a
registering officer in
his official capacity may be commenced by or with the permissions of the
Inspector-General,
31[***] the Registrar or the Sub-Registrar, in whose territories, district or sub-
district, as the case
may be, the offence has been committed.
(2) Offences punishable under this Act shall be triable by any court or officer
exercising powers
not less than those of a Magistrate of the second class.
84. Registering officers to be deemed public servants
(1) Every registering officer appointed under this Act shall be deemed to be a
public servant
within the meaning of the Indian Penal Code.
(2) Every person shall be legally bound to furnish information to such registering
officer when
required by him to do so.
(3) In section 228 of the Indian Penal Code, the words "judicial proceeding" shall
be deemed to
include any proceeding under this Act.
PART XV : MISCELLANEOUS
85. Destruction of unclaimed documents
Documents (other than wills) remaining unclaimed in any registration-office for a
period
exceeding two years may be destroyed.
86. Registering officer not liable for things bona fide done or refused in his
official
capacity
No registering officer shall be liable to any suit, claim or demand by reason of
anything in good
faith done or refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or procedure
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by
any registering
officer, shall be deemed invalid merely by reason of any defect in his
appointment or procedure.
32[88. Registration of documents executed by government officers or
certain public
functionaries
(1) Notwithstanding anything contained in this Act, it shall not be necessary for -
(a) any officer of government, or
(b) any Administrator General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in
a notification in
the Official Gazette issued in that behalf by the State Government, to appear in
person or by
agent at any registration-office in any proceeding connected with the registration
of any
instrument executed by him or in his favour, in his official capacity, or to sign as
provided in
section 58.
(2) Any instrument executed by or in favour of an officer of government or any
other person
referred to in sub-section (1) may be presented for registration in such manner as
may be
prescribed by rules made under section 69.
(3) The registering officer to whom any instrument is presented for registration
under this section
may, if he thinks fit, refer to any Secretary to Government or to such officer of
government or
other person referred to in sub-section (1) for information respecting the same
and, on being
satisfied of the execution thereof, shall register the instrument.]
89. Copies of certain orders, certificates and instruments to be sent to
registering officers
and filed
(1) Every officer granting a loan under the Land Improvement Loans Act, 1883,
shall send a copy
of his order to the registering officer within the local limits of whose jurisdiction
the whole or any
part of the land to be improved or of the land to be granted as collateral security,
is situate, and
such registering officer shall file the copy in his Book No.1.
(2) Every court granting a certificate of sale of immovable property under the
Code of Civil
Procedure, 1908, shall send a copy of such certificate to the registering officer
within the local
limits of whose jurisdiction the whole or any part of the immovable property
comprised in such
certificate is situate, and such officer shall file the copy in his Book No.1.
(3) Every officer granting a loan under the Agriculturists' Loans Act, 1884, shall
send a copy of
any instrument whereby immovable property is mortgaged for the purpose of
securing the
repayment of the loan, and, if any such property is mortgaged for the same
purpose in the order
granting the loan, a copy also of that order, to the registering officer within the
local limits of
whose jurisdiction the whole or any part of the property so mortgaged is situate,
and such
registering officer shall file the copy or copies, as the case may be, in his Book
No.1.
(4) Every revenue-officer granting a certificate of sale to the purchaser of
immovable property
sold by public auction shall send a copy of the certificate to the registering officer
within the local
limits of whose jurisdiction the whole or any part of the immovable property
comprised in the
certificate is situate, and such officer shall file the copy in his Book No.1.
EXEMPTION FROM ACT
90. Exemption of certain documents executed by or in favour of
government
(1) Nothing contained in this Act or in the Indian Registration Act, 1877, or in the
Indian
Registration Act, 1871, or in any Act thereby repealed, shall be deemed to
require, or to have any
time required, the registration of any of the following documents or maps,
namely:-
(a) documents issued, received or attested by any officer engaged in making a
settlement or
revision or settlement of land-revenue, and which form part of the records of such
settlement; or
(b) documents and maps issued, received or authenticated by any officer
engaged on behalf of
government in making or revising the survey of any land, and which form part of
the record of
such survey; or
(c) documents which, under any law for the time being in force, are filed
periodically in any
revenue-office by patwaris or other officers charged with the preparation of
village records; or
(d) sanads, inam, title-deeds and other documents purporting to be or to
evidence grants or
assignments by government of land or of any interest in land; or
(e) notice given under section 74 or section 76 of the Bombay Land-Revenue
Code, 1879, or
relinquishment of occupancy by occupants, or of alienated land by holders of
such land.
(2) All such documents and maps shall, for the purposes of sections 48 and 49,
be deemed to
have been and to be registered in accordance with the provisions of this Act.
91. Inspection and copies of such documents
33[(1) Subject to such rules and the previous payment of such fees as the
34[State Government,
by notification in the Official Gazette, prescribes in this behalf,] all documents and
maps
mentioned in section 90, clauses (a), (b), (c) and (e), and all registers of the
documents
mentioned in clause (d), shall be open to the inspection of any person applying to
inspect the
same, and, subject as aforesaid, copies of such documents shall be given to all
persons applying
for such copies.
35[(2) Every rule prescribed under this section or made under section 69 shall be
laid, as soon as
it is made, before the State Legislature.]
92. Burmese registration rules confirmed
[Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937]
93. Repeal
[Repealed by the Repealing Act, 1938]
THE SCHEDULE: Repeal of enactments
[Repealed by Repealing Act, 1938]
Foot Notes
1 Word "Indian" omitted by Act No. 45 of 1969.
2 Substituted by Act No. 3 of 1951.
3 Substituted by the AO 1950, for the words "a Native of India".
4 The words "his caste (if any) and" omitted by Act No. 17 of 1956.
5 Inserted by Act No. 3 of 1951.
6 Repealed by Govt. of India (AIL) Orders, 1937.
7 Repealed by the Repealing and Amending Act, 1927.
8 Substituted for the words "the Local Government fills up the vacancy" by Act
No. 4 of 1914.
9 The words and figure "All appointments made by the Inspector-General under
section 6 and",
inserted by Act No. 4 of 1914 and later omitted by the Act of 1937.
10 Sub-section (3) omitted by the Act of 1937.
11 Sub-section (1) omitted by the Act of 1937.
12 Added by Act No. 21 of 1929.
13 Substituted by Act No. 21 of 1929 for the words "and any award".
14 Inserted by Act No. 39 of 1948.
15 Inserted by Act No. 2 of 1927.
16 Inserted by Act No. 33 of 1940.
17 Inserted by Act No. 15 of 1917.
18 Substituted by Act No. 3 of 1951, for the words "the States".
19 Substituted by Act No. 33 of 1940.
20 Substituted by Act No. 33 of 1940, for word and figure "and (c)".
21 Substituted by Act No. 32 of 1940 for the words and figure "other than a
document referred to
in section 28 and a copy of a decree or order".
22 Substituted by Act No. 45 of 1969, for words "The Registrar of a district
including a
Presidency-town".
23 The words "and the Registrar of the Lahore District" omitted by the AO 1948.
24 Substituted by Act No. 39 of 1948 for words and figures "s. 31 and s. 89".
25 Substituted by Act No. 3 of 1951, for the words "resides in any other part of
the State".
26 Substituted by the AO 1950, for the word "British".
27 The words "of His Majesty or" omitted by AO 1950, for word "British".
28 Added by Act No. 13 of 1926.
29 The Words "and also for the destruction of such books, papers and
documents as need no
longer be kept" repealed by Act No. 5 of 1917.
30 The words "Subject to the control of the GG in C" omitted by Act No. 38 of
1920.
31 The words "the Branch Inspector-General of Sindh", omitted by AO 1937.
32 Substituted by Act No. 39 of 1948.
33 Section 91 renumbered as sub-section (1) by the Delegated Legislation
Provisions
(Amendment) Act, 1983, w.e.f. 15th. March, 1984.
34 Substituted for the words "State Government prescribes in this behalf", ibid.
35 Inserted by the Delegated Legislation Provisions (Amendment) Act, 1983,
w.e.f. 15th. March,
1984