REGISTRATION ACT,
1908
PART I : PRELIMINARY
1. Short title, extent
and commencement
(1) This Act may be called the
1[***] Registration Act, 1908.
2[(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
sub-districts, 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, 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, or the Indian Registration Act,
1871, or the Indian Registration Act, 1877 or this Act came or comes into force,
namely:-
(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;
12[(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
sub-district 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, 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, 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 sub-district 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
registration-offices 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.