- Interlineations, blanks, erasures, or alterations should be attested with signatures or initials.
- The document should sufficiently describe immovable property details for identification purposes.
- Details should include specifics like house locations, former occupancies, house numbers, and territorial divisions.
- For property transfer documents, passport-sized photos and fingerprints of buyers and sellers must be affixed.
Time Limit for Registration of Documents
- Documents should be submitted for registration within 4 months of execution as per Sections 23 and 25.
- Court decrees or orders can be submitted within four months of finalization.
- Documents executed by multiple persons at different times can be registered within 4 months of each execution.
- Documents executed abroad by some parties can be registered within four months of arrival in India.
- Documents executed outside India are only valid after registration in India.
- If an unauthorized person files a document for registration, others can intervene.
Document for Re-Registration
- It is essential for an individual to re-register a document within four months from the date of discovering that the initial registration is invalid.
- The Registrar holds the authority to excuse delays in filing documents executed in India. The condonation period can extend up to four months, with a fine reaching up to ten times the regular registration fee set by the Registrar.
Place of Registration of Documents
Sections 28-31
- Documents related to immovable property should be registered at the office of the Sub-Registrar of the sub-district where the property is located.
- Other documents can be registered at the office of the Sub-Registrar where all parties involved in the document wish it to be registered.
- A Registrar can accept a document that is registerable with a sub-registrar subordinate to him.
- The document must be presented for registration at the office of the Registrar or Sub-Registrar. In special circumstances, an officer may visit a person's residence to accept a document.
Presentation of Documents for Registration
Sections 32-33
- Any of the following persons can present a document for registration:
- By the person executing or claiming under the document.
- By the representative or assignee of the person.
- By an agent authorized by a power of attorney.
Registration Procedure
Endorsement on Document- The signature of the buyer and seller on a property document should be affixed, with the Registrar ensuring these endorsements on the document.
Exemptions from Personal Appearance
- Officers of the Government, Official Trustee or Official Assignee, Sheriff, Receiver or Registrar of High Court, and holders of public office as notified by the State Government in the Official Gazette are exempt from appearing before the Registrar if they have executed the document in an official capacity.
Post-Filing Procedure
- Following the filing of the document, the registration officer will conduct an inquiry and issue a Registration Certificate.
- The registration officer's responsibilities include verifying the identities of the persons executing the document, ensuring the right of representation for individuals appearing as representatives or authorized agents, and registering the document upon satisfaction and payment of fees.
- The registered document is copied into a prescribed book, assigned a consecutive serial number renewed annually, and endorsed with the word "Registered" by the Registering Officer before being returned to the presenter.
Refusal to Register Documents
The Registering Officer may refuse to register a document under Section 35 in various situations:
- When a person who supposedly executed a document denies its execution.
- If the individual appearing to have executed the document is deemed to be a minor, idiot, or lunatic.
- When the executor of the document is deceased, and their representative or assign denies the execution.
- Interlineations, blanks, erasures, or alterations lacking attestation by signatures or initials (as per Section 20).
- Insufficient property description to identify the concerned property (as per Section 21).
- Presenting the document beyond the specified time limit or failing to pay fines for late presentation (as per Section 25).
- Submitting the document at an incorrect registration office, i.e., an office other than the one prescribed in Section 28.
- Failure to pay registration fees.
- Submitting the document by an unauthorized person under Section 32.
- Non-appearance of the concerned individual before the Registering Officer within 4 months, as mandated by Section 34.
Procedures After Refusal
- Upon refusal, the Sub-Registrar must issue an order for refusal in accordance with Section 71. An appeal against this order can be made to the Registrar within 30 days (as per Section 72).
- If the Registrar also refuses registration, a suit can be filed within 30 days in the Civil Court as per Section 77.
Legal Precedents
- In the case of State of Punjab vs. Mohabir Singh (1996), it was determined that the Registrar must register a document even if it is under-stamped, followed by making a reference to the Collector.
- The case of Government of Tamilnadu vs. PV Enter (2000) highlighted that documents must be registered without delay, irrespective of duty assessment based on market value. Any duty-related steps should follow post-registration.
Key Points
- It is essential to register documents promptly without refusal on grounds of improper stamping, as the Indian Stamp Act allows for document impoundment in such cases, but not refusal of registration.
Registration of Will
- Registration of Will is not mandatory.
- Anyone who claims under the will or the executor of the will can present the will for registration.
- The donor of authority to adopt a son can also present the authority for registration.
- If the testator or donor presents the will, the Registering Officer will register the documents similar to other documents.
- If the document is presented by a beneficiary, it will be registered only if the Registering Officer is satisfied that:
- The document was indeed executed by the testator or donor.
- The testator or donor is deceased.
- The person presenting the will or authority is entitled to do so.
- A. The document must be executed by multiple persons at the same time.
- To present a document for registration, it can be executed by the person themselves, a representative or assignee of the person, or an agent authorized by a power of attorney.
Report a problem Cancel Report View Solution
- The person executing the document must appear before the Registering Officer, admit execution, and sign the document in the presence of the Registrar.
- The power of attorney can be executed before the Registrar or Sub-Registrar if the person is a resident of India, or before a Notary Public, Court, Judge, Magistrate, Indian consul, vice consul, or representative of the Central Government if the person resides outside India.Effect of Registration
- Registration of a document is crucial as it confers valuable rights.
- Unregistered documents may lose their value significantly.
- A document takes effect from its execution date and not necessarily from the date of registration.
- When a document is registered, it provides certain rights:
- For immovable property, all parties dealing with the property are deemed to have notice of the registered deed.
- Any non-testamentary document registered under the Act supersedes any oral agreement regarding the property, except in cases where possession is delivered based on a valid oral agreement.
- Mortgage by deposit of title deeds takes precedence over subsequently executed and registered mortgage deeds related to the same property.
- A registered document concerning immovable property overrides any unregistered document related to the same property, except for short-term leases.
- If two documents are registered for the same property, the one executed first holds priority, regardless of registration order.
Effect of Non-Registration of Documents
Retrospective Effect- When a document is not registered, it does not have a retrospective effect according to Section 47. Registered documents have retrospective effect from the date of execution, not from the date of registration.
Implications of Non-Registration
- Does not impact any immovable property mentioned in the document.
- Does not grant any authority for adoption (e.g., adopting a son).
- Cannot be used as evidence for any transaction related to the property or authority mentioned.
- Cannot be considered as evidence of partial performance under Section 43A of the Transfer of Property Act, especially when possession needs to be handed over to the transferee.
Limited Validity
An unregistered document is generally considered redundant and ineffective for most purposes.
However, it can still be utilized for specific reasons:- As evidence of a contract in a lawsuit for specific performance under the Specific Relief Act.
- As evidence of any collateral transaction that does not require registration as per Section 49.
The document The Registration Act, 1908 | Civil Law for Judiciary Exams is a part of the Judiciary Exams Course Civil Law for Judiciary Exams.
All you need of Judiciary Exams at this link: Judiciary ExamsCivil Law for Judiciary Exams
253 docs | 259 testsUp next
Test: The Registration Act, 1908 Test | 10 quesTop Courses for Judiciary Exams
Current Affairs & Hindu Analysis: Daily, Weekly & Monthly Lucent for GK Civil Law for Judiciary Exams Criminal Law for Judiciary Exams Important Acts and Laws for Judiciary Exams Related Exams About this Document
Sep 21, 2024 Last updated Document Description: The Registration Act, 1908 for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The notes and questions for The Registration Act, 1908 have been prepared according to the Judiciary Exams exam syllabus. Information about The Registration Act, 1908 covers topics like Objectives of the Act, Registration of Documents, Requirements of Registration of Documents, Time Limit for Registration of Documents, Place of Registration of Documents, Presentation of Documents for Registration, Refusal to Register Documents, Registration of Will, Effect of Registration and The Registration Act, 1908 Example, for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises and tests below for The Registration Act, 1908.
Introduction of The Registration Act, 1908 in English is available as part of our Civil Law for Judiciary Exams for Judiciary Exams & The Registration Act, 1908 in Hindi for Civil Law for Judiciary Exams course. Download more important topics related with notes, lectures and mock test series for Judiciary Exams Exam by signing up for free. Judiciary Exams: The Registration Act, 1908 | Civil Law for Judiciary Exams
DescriptionFull syllabus notes, lecture & questions for The Registration Act, 1908 | Civil Law for Judiciary Exams - Judiciary Exams | Plus excerises question with solution to help you revise complete syllabus for Civil Law for Judiciary Exams | Best notes, free PDF download
Information about The Registration Act, 1908In this doc you can find the meaning of The Registration Act, 1908 defined & explained in the simplest way possible. Besides explaining types of The Registration Act, 1908 theory, EduRev gives you an ample number of questions to practice The Registration Act, 1908 tests, examples and also practice Judiciary Exams tests
Civil Law for Judiciary Exams
253 docs | 259 tests Download as PDFUp next
Test: The Registration Act, 1908 Test | 10 ques
Explore Courses for Judiciary Exams exam
Top Courses for Judiciary Exams
Current Affairs & Hindu Analysis: Daily, Weekly & Monthly Lucent for GK Civil Law for Judiciary Exams Criminal Law for Judiciary Exams Important Acts and Laws for Judiciary Exams Signup for Free!Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev Related SearchesSemester Notes
Important questions
past year papers
Exam
mock tests for examination
shortcuts and tricks
1908 | Civil Law for Judiciary Exams
Extra Questions
MCQs
The Registration Act
ppt
Viva Questions
Free
pdf
Previous Year Questions with Solutions
Sample Paper
1908 | Civil Law for Judiciary Exams
1908 | Civil Law for Judiciary Exams
video lectures
The Registration Act
Summary
Objective type Questions
practice quizzes
study material
The Registration Act
Join with a free account Get Instant Access to 1000+ FREE Docs, Videos & Tests Continue with Google Docs and Videos Attempt this test on App! Get detailed analysis along with solutions of each question. Get the EduRev App Scan this QR code to
download the app for Free Or check it out in the app storesSchools
Competitive Examinations
Quick Access Links
- Online Tests / MCQs
- Verbal Aptitude
- Logical Reasoning
- Data Interpretation
- Current Affairs
- Free Study Material
- Question & Answers
- Revision Notes
- Important Questions
- Quantitative Aptitude
- Practice Quizzes
- NCERT Solutions
- NCERT Textbooks
- NCERT
Technical Exams
- GATE
- SSC JE
- RRB JE
- Civil Engineering
- Computer Science Engineering
- Electrical Engineering
- Electronics Engineering
- Biotechnology Engineering
- Mechanical Engineering
- Chemical Engineering
The Registration Act, 1908 Free PDF Download
The The Registration Act, 1908 is an invaluable resource that delves deep into the core of the Judiciary Exams exam. These study notes are curated by experts and cover all the essential topics and concepts, making your preparation more efficient and effective. With the help of these notes, you can grasp complex subjects quickly, revise important points easily, and reinforce your understanding of key concepts. The study notes are presented in a concise and easy-to-understand manner, allowing you to optimize your learning process. Whether you're looking for best-recommended books, sample papers, study material, or toppers' notes, this PDF has got you covered. Download the The Registration Act, 1908 now and kickstart your journey towards success in the Judiciary Exams exam.
Importance of The Registration Act, 1908
The importance of The Registration Act, 1908 cannot be overstated, especially for Judiciary Exams aspirants. This document holds the key to success in the Judiciary Exams exam. It offers a detailed understanding of the concept, providing invaluable insights into the topic. By knowing the concepts well in advance, students can plan their preparation effectively. Utilize this indispensable guide for a well-rounded preparation and achieve your desired results.
The Registration Act, 1908 Notes
The Registration Act, 1908 Notes offer in-depth insights into the specific topic to help you master it with ease. This comprehensive document covers all aspects related to The Registration Act, 1908. It includes detailed information about the exam syllabus, recommended books, and study materials for a well-rounded preparation. Practice papers and question papers enable you to assess your progress effectively. Additionally, the paper analysis provides valuable tips for tackling the exam strategically. Access to Toppers' notes gives you an edge in understanding complex concepts. Whether you're a beginner or aiming for advanced proficiency, The Registration Act, 1908 Notes on EduRev are your ultimate resource for success.
The Registration Act, 1908 Judiciary Exams Questions
The "The Registration Act, 1908 Judiciary Exams Questions" guide is a valuable resource for all aspiring students preparing for the Judiciary Exams exam. It focuses on providing a wide range of practice questions to help students gauge their understanding of the exam topics. These questions cover the entire syllabus, ensuring comprehensive preparation. The guide includes previous years' question papers for students to familiarize themselves with the exam's format and difficulty level. Additionally, it offers subject-specific question banks, allowing students to focus on weak areas and improve their performance.
Study The Registration Act, 1908 on the App
Students of Judiciary Exams can study The Registration Act, 1908 alongwith tests & analysis from the EduRev app, which will help them while preparing for their exam. Apart from the The Registration Act, 1908, students can also utilize the EduRev App for other study materials such as previous year question papers, syllabus, important questions, etc. The EduRev App will make your learning easier as you can access it from anywhere you want. The content of The Registration Act, 1908 is prepared as per the latest Judiciary Exams syllabus.
