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 day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.

 

23-A.   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 or admit execution of 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 had not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore 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.       Provisions 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 British 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 a Sub-Registrrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

 

26.       Documents executed out of British India: - When a document purporting to have been executed by all or any of the parties out of British 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 British 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.

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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) and (d), and section 18, clauses (a), (b) and (c), 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 other than a document referred to in section 28, and a copy of a decree or order, may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the Local Government at which all the persons executing and claiming under the document desire the same to be registered.

(1)               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 immoveable property, in the office of any other Sub-Registrar under the Local 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.

31.       Registration of 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 authorized 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.

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PART VI

OF PRESENTING DOCUMENTS FOR REGISTRATION

 

32.       Persons to present documents for registration: - Except in the cases mentioned in section 31 and section 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 assign of such person, or

(c)                by the agent of such person, representative or assign, duly authorized by power-of-attorney executed and authenticated in manner hereinafter mentioned.

 

33.       Power-of-attorney recognizable 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 British 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 resides in any other part of British India, a power-of-attorney executed before and authenticated by any Magistrate;

(c)                if the principal at the time aforesaid does not reside in British India, a power-of-attorney executed before and authenticated by a Notary Public; or any Court, Judge, Magistrate, British Consul or Vice-Consul or representative of His Majesty or of the Government of India:

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.

 

            (2)        In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, is 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 count hereinbefore mentioned in that behalf.

 

34.       Enquiry before registration by registering officers: (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 persons executing such document, or their representatives, assigns or agents authorized 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 then 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 (1) may be simultaneous or at different times.

(3)        The registering officer shall thereupon –

(a)                enquire whether or not such document was executed by the persons 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, assign 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, assign or        agent, such representative, assign or agent admits the execution, or

            (c)        if the person executing the document is dead, and his representative or               assign 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 anyone 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

(d)               if any person by whom the document purports to be executed is dead, and his representative or assign 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:

            Provided further, that the Local Government may by notification in the local 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 purpose 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 Local Government directs * in this behalf to issue a summons requiring him to appear at the registration office either in person or by duly authorized agent, as in the summon 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.       Person 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 provision next hereinafter contained by 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 registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.

 

39.       Law as 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 to it 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.

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PART IX

OF THE DEPOSIT OF WILLS

 

42.       Deposit of wills: - Any testator may, either personally or by duly authorized 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 note 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 person 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 duty authorized 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, (X of 1865) or of section 81 of the Probate and Administration Act, 1881, (V of 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 note on such copy that the original has been removed into court in pursuance of the order aforesaid.

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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 document 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 * 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 for 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 :

Provided (Added by Act 21 of 1929) 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 53-A 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, sub-section (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 (XX of 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 (VIII of 1871), not registered under the Indian Registration, Act, 1871, or the Indian Registration Act, 1877 (III of 1877), or this Act.

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PART XI

OF THE DUTIES AND POWERS OF REGISTERING OFFICERS

(A) As to the Register-books and indexes.

51.       Register-books to be kept to 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 or non-testamentary documents relating to immoveable 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 Registrars –

                        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.]  deleted, vide correction slip No. 2 (Act XV 3 of 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 Books Nos.1 & 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 this section for entries in Books Nos.3 & 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 of person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign 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 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 substance of statements: (1) -Every registering officer may at his discretion administer an oath to any person examined by him under the person examined by him under the provisions of this Act.

            (2)        Every such officer may also at his discretion record a note 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 not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer.

            (2)        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.

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