THE INDIAN REGISTRATION ACT, 1908

 

Contents

 

Section

 Subject

PART – I

Preliminary

1

Short Title, Extent and Commencement

2

Definitions

PART-II

Of the Registration Establishment

3

Inspector General of Registration

4

Branch Inspector General of Singh

5.

Districts and sub-districts

6

Registrars and Sub-Registrars

7

Offices of Registrar and Sub-Registrar

8

Inspector of Registration offices

9

Military cantonments may be declared Sub-Districts of Districts

10

Absence of Registrar or vacancy in his office

11

Absence of Registrar on duty in his district

12

Absence of Sub-Registrar or vacancy in his office

13

Report of certain appointments and suspension and removal and dismissal of officers

14

Remuneration and establishments of registering officer

15

Seal of Registering Officers

16

Register-books and fire proof boxes

PART-III

Of Registrable Documents

17

Documents of which registration is compulsory

18

Documents of which Registration is Optional

19

Documents in Language not understood by Registering Officer

20

Documents containing interlineations, blanks, erasures or alterations

21

Description of property and maps or plans

22

Description of houses and land by reference to government maps or surveys

PART-IV

Of the time or Presentation

23

Time for presenting documents

23-A

Re-registration of certain documents

24

Documents executed by several persons at different times

25

Provision where delay in presentation is unavoidable

26

Documents executed out of India

27

Wills may be presented or deposited at any time

PART-V

Of the Place of Registration

28

Place for Registering documents relating of land

29

Place for Registering other documents

30

Registration by Registrars in certain cases

31

Registration or acceptance for deposit at private residence

PART-VI

Of Presenting Documents for Registration

32

Persons to present documents for registration

33

Power of attorney recognisable for purposes of section 32

34

Enquiry before registration by registering officer

35

Procedure on admission and denial of execution respectively

PART-VII

Of Enforcing the Appearance of Executants and Witness

36

Procedure where appearance of executant or witness is desired

37

Officer or court to issue and cause service of summons

38

Persons exempt from appearance at registration office

39

Law as t summonses, commissions and witnesses

PART-VIII

Of Presenting Will and Authorities to Adopt

40

Persons entitled to present Wills and Authorities to adopt

41

Registration of Wills and Authorities to adopt

PART-IX

Of the Deposit of Wills

42

Deposit of Wills

43

Procedure on deposit of Wills

44

Withdrawal of sealed cover deposited under section 42

45

Proceedings on death of depositor

46

Saving of certain enactments and powers of courts

 PART-X

Of the Effects of Registration and Non-Registration

47

Time from which registered document operates

48

Registered documents relating to property when to take effect against oral agreements

49

Effect of non-registration of documents required to be registered

50

Certain registered documents relating to land to take effect against unregistered documents

PART-XI

Of the Duties and Powers of Registering Officers

51

Register books to be kept in the serval offices

52

Duties of registering officers when document presented

53

Entries to be numbered consecutively

54

Current indexes and entires therein

55

Indexes to be made by registering officers, and their contents

56

Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed

57

Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries

58

Particulars to be endorsed on documents admitted to registration

59

Endorsements and certificate to be copied and document returned

60

Certificate of registration

61

Endorsements and certificate to be copied and document returned

62

Procedure on presenting document in language unknown to registering officer

63

Power to administer oaths and record of substances of statements

64

Procedure where document relates to land in several Sub-Districts

65

Procedure where document relates to land in several Districts

66

Procedure after registration of documents relating to land

67

Procedure after registration under section 30, sub-section(2)

68

Power of Registrar to superintend and control Sub-Registrars

69

Power to Inspector-General to Superintend registration offices and make rules

70

Power of Inspector-General to remit fines

PART-XII

Of Refusal to Register

71

Reasons for refusal to register to be recorded

72

Appeal to Registrar from orders of Sub-Registrar refusing registration on grounds other than denial of execution

73

Application to Registrar from order of Sub-Registrar refuses to register on ground of denial of execution

74

Procedure of Registrar on such application

75

Order by Registrar to register and procedure thereon

76

Order of refusal by Registrar

77

Suit in case of order of refusal by Registrar

PART-XIII

Of the Fees for Registration, Searches and Copies

78

Fees to be fixed by State Government

79

Publication of fees

80

Fees payable on presentation

80A

Duty of Collector in proceedings under section 47-Aof the Indian Stamp Act 1899

80B

Recovery of deficient amount of fee as arrears of land revenue

80C

Refund of excess fee

PART-XIV

Of Penalties

81

Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure

82

Penalty for making false statements, delivering false copies or translations, false personation and abetment

83

Registering officer may commence prosecutions

84

Registering officers to be deemed public servants

PART – XV

Miscellaneous

85

Destruction of unclaimed documents

86

Registering officer not liable for things bona fide done or refused in his official capacity

87

Nothing so done invalidated by defect in appointment or procedure

88

Registration of documents executed by government officers or certain public functionaries

89

Copies of certain order, certificates and instruments to be sent to registering officers and filed

90

Exemption of certain documents executed by or in favour of government

91

Inspection and copes of such documents

92

Burmese registration rules confirmed

93

Repeals

 

 

 

 

PREFACE TO THE EDITION OF 1910

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            IN this new edition of the Registration Manual have been incorporated all orders passed by the Local Government under section 14, the proviso to section 17(d), section 36 and 78 of the Registration Act.  These appear in paragraphs 1 to 5 and 15 to 21, 138, 139 and Appendix-I.

            It also contains the rules made by the Inspector-General under section 69: these rules are marked with a line in the margin.  The remainder of the book consists of explanations and executive instructions.  All the circulars of the Inspector-General may be regarded as superseded by this Manual.

The work of revision was done by Mr. H.D. Watson, when officiating as Inspector-General.

 

 

W.S. HAMILTON,

Inspector-General of Registration, Punjab.

 

 

 

PREFACE TO THE EDITION OF 1919

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         THE only reason for issuing the present edition is the fact that the previous edition of 1910 has been exhausted.  There has been o revision beyond a fe alterations which were found to be necessary in order to bring the Manual up to date or for other reasons.

RAHIM BAKHSH

Inspector-General of Registration, Punjab

 

 

THE INDIAN REGISTRATION ACT, 1908

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ACT No. XVI OF 1908

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(PASSED BY THE GOVERNOR-GENERAL OF INDIA IN

COUNCIL)

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Received the assent of the Governor-General on the

18th December, 1908)

 

An act to consolidate the enactments relating to the

registration of documents.

 

            WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; it is hereby enacted as follows :--

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PART I
PRELIMINARY

 

1.                Short Title, Extent and Commencement:

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

(2)              It extends to the whole of British India, except such districts or tracts of country as the Local Government may exclude 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 a Native of India, his caste (if any) and 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 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 mean 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 “endorse” 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)              “immoveable 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 ;

(7)              “lease” include a counterpart, kabuliyat, and 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)              “moveable property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immoveable 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 Local Government shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government:

            Provided that the Local 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 Local Government appoints in this behalf.

(2)       Any Inspector-General may hold simultaneously any other ofice under Government.

4.         Branch Inspector-General of Sindh: (1) The Governor of Bombay in Council may also appoint an officer to be Branch Inspector-General of Sindh, who shall have all the powers of an Inspector-General under this Act other than the power to frame rules hereinafter conferred.

(2)       The Branch Inspector-General of Sindh may hold simultaneously any other office under Government.

5.            District and Sub-Districts: (1) For the purposes of this Act, the Local Government shall form districts and sub-districts and shall prescribe, and may after, the limits of such districts ad 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 local 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 Local 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-Registrars of the several sub-districts formed as aforesaid, respectively.

 

7.            Offices of Registrar and Sub-Registrar: (1) The Local Government shall establish in every district an 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 Local 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 Registrars to whom he is subordinate :

Provided that no such authorization 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 Local 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.         Military cantonments may be declared sub-districts or districts: Every military cantonment may (if the Local Government so directs) be, for the purposes of this Act, a sub-district or a district, and the Cantonment Magistrate shall be the Sub-Registrar or the Registrar of such sub-district or district, as the case may be.

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 Local 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 Local 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 who, the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until the Local Government fills up the vacancy.

 

13.       Report of certain appointments and suspension and removal and dismissal of officers: (1) - All appointments made under section 10, section 11 or section 12 shall be reported to the Local Government by the Inspector-General.

(2)       Such report shall be either special or general, as the Local Government directs.

(3)       The Local Government may suspend, remove or dismiss any person appointed under the provisions of this Act, and appoint another person in his stead.

14.       Remuneration and establishments of registering officer: (1)-The Local Government may assign such salaries as such Government deems proper to the registering officers appointed under this Act, or provide for their remuneration by fees, or partly by fees and partly by salaries.

(2)       The Local 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 Local Government directs: --

“The seal of the Registrar (or of the Sub-Registrar) of

 

16.       Register Book and Fire-Proof Boxes: (1)-The Local Government shall provide for the office of every registering officer the books necessary for the purpose 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 Local 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 Local Government shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provisions for the safe custody of the records connected with the registration of documents in such district.

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PART  III
OF REGISTRABLE DOCUMENTS

 

17.       Documents of which Registration is Compulsory: (1)-The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, (XX of 1866) or the Indian Registration Act, 1971, (VIII of 1871) or the Indian Registration Act, 1877, (III of 1877) or this Act, came or comes into force namely:

(a)              instruments of gift of immoveable 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 immoveable 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 ;

(d)              leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent ; and

*(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 immoveable property:

            Provided that the Local Government may, by order published in the local 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 rents reserved by which do not exceed fifty rupees.

            Under this proviso the Lieutenant-Governor has exempted from compulsory registration –

(a)              agricultural leases ;

(b)              leases executed by or on behalf of or in favour of Government.;

            the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed Rs.50.  Punjab Government notification No.29 of 4th July, 1888 and No.81 of 16th December, 1904.]

            (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 immoveable 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 immoveable property except in so far 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 immoveable 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 immoveable 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 * except a decree or order expressed to be made on a compromise and comprising immoveable property other than that which is the subject matter of the suit or proceeding ; or

(vii)            any grant of immoveable 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

(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.

            (3)       Authoritie to adopt a son, executed after the first 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 immoveable property ;

(b)              instruments acknowledging the receipt or payment of any consideration on account of the creating, declaration, assignment, limitation or extinction, of any such right, title or interest ;

(c)              leases of immoveable property for any term not exceeding one year, and leases exempted under section 17 ;

(d)              instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in moveable 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 copy of the 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 refuse 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 immoveable 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 lands shall be described by their name, if any, and as being in 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 plan as are equal to the number of such districts.

22.       Description of houses and land by reference to government maps or surveys: (1)-Where it is, in the opinion of the Local Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the Local 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.

 

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