REGISTRATION OF DOCUMENTS

Registration act,1908
The main purpose for which the Act was designed was to ensure information about all deals concerning land so that correct land records could be maintained.


Documents of which registration is compulsory -
Registration of documents relating to immovable property is compulsory. Registration of will is optional.
(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;


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;

[(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.


Where document should be registered
1. Document relating to immovable property - in the office of Sub-Registrar of sub-district
within which the whole or some portion of property is situated [section 28].
2. Other document can be registered in the office of Sub-Registrar where all persons executing
the document desire it to be registered [section 29].
3. A Registrar can accept a document which is registerable with sub-registrar who is
subordinate to him [section 30(1)].
4. Document should be presented for registration at the office of Registrar/Sub-Registrar.
5. In special case, the


Time of presentation for registration –
a. Within 4 months from date of execution [section 23].
b. Decree or order of Court can be submitted within four months from the day it becomes final.
c. If document is executed by several persons at different times, it may be presented for
registration within 4 months from date of each execution [section 24].
d. If a document is executed abroad by some of the parties, it can be presented for registration within four months after its arrival in India [section 26].

RE- REGISTRATION -
If a person finds that a document has been filed for registration by a
person who is not empowered to do so, he can present the document for re-registration within 4 months from the date he became aware of the fact that registration of document is invalid


Registration by Registering Officer (R/O)–
If the Registering Officer is satisfied that all the provisions are complied with and registration fees are paid, the registering officer will register the document [section 35(1)]. He will make necessary entries in the Register maintained by him.

Certification of registration –
After all formalities are complete, the R/O will endorse the document with word ‘Registered’, and sign the same.
The endorsement will be copied in Register. After registration, the document will be returned to the person who presented the document

Effect of non-registration
1. It can not be acted on
2. Cannot be received as evidence of any transaction Thus, the document becomes redundant and useless for all practical purposes. It can be accepted as evidence in criminal proceedings
3.does not affect any immovable property comprised therein * cannot be received as evidence of any transaction affecting such property. - - - Thus, the document becomes redundant and useless for all practical purposes. It can be accepted as evidence in criminal proceedings.


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.

Can a document relating to an immovable property in India be executed out ofIndia ? If so, can it then be registered in India?
Yes, a document relating to an immovable property can be executed out of India and later it
can be presented for registration in India. As per Section 26 of The Registration Act, 1908 ifa document purporting to have been executed by all or any of the parties out of India is presented for registration within the prescribed time, the Registering Officer may, on payment of proper registration fee, accept such document for registration if he is satisfied
that:
a) the instrument was executed out of India.
b) the instrument has been presented for registration within four months after its arrival in
India.

The deed which is registred first it will get the first priority