THE REGISTRATION ACT, 1908

[Central Act No. 16 of 1908, dated 18th December, 1908]

[As amended from time to time and as in force immediately before the
appointed day, i.e., 02-06-2014 and continues to be in force in the State of
Telangana by virtue of section 101 of the Andhra Pradesh Re-organization Act,
2014 (Central Act No.6 of 2014)]

An Act to consolidate the enactments relating to the registration of documents.

WHEREAS it is expedient to consolidate the enactments relating to the

registration of documents;

It is hereby enacted as follows:-

PART – I
Preliminary

1. Short title, extent and commencement.– (1) This Act may be

called the Registration Act, 1908.

(2) It extends to the whole of 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 an Indian, 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 the information

storage devices like floppy disk, hard disk, compact disk] and also
any number of sheets connected together with a view of forming a
 book or portion of a book; *[added by A.P. Act 16 of 1999, w.e.f.
31-12-1998]

(3) “district” and “sub-district” respectively mean a district and sub-

district formed under this Act;

(4) “District Court” includes the High Court in its ordinary original civil
jurisdiction;

(5) “endorsement” and “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;

(6A) “India” means 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 tress, and property of every other
description, except immovable property; and

(10) “representative” includes the guardian of 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. [Repealed]

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 districts 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-Registrars 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 an office to be styled the office of the Registrar
and in every sub-district an office or offices to be styled the office of the Sub-
Registrar or the offices of the Joint Sub-Registrars.
 (2) The State Government may amalgamate with any office of a
Registrar any office of a Sub-Registrar subordinate to such Registrar, and may
authorize 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 authorization shall enable a Sub-Registrar to hear

an appeal against an order passed by himself under this Act.

8. Inspectors of Registration Offices.– (1) The 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. [Repealed]

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 the vacancy is filled up.

13. Report to State Government of appointments under sections

10, 11 and 12.– (1) 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.

14. Establishment of registering officers.– 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 and also the
information processing and storage devices like computer and scanners along
with the software prescribed by the Inspector General, from time to time necessary
for the purposes of this Act.(This sub-section is as substituted by A.P. Act
16 of 1999 w.e.f. 31-12-1998)

(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.
 16-A. Keeping of Books in Computer Floppies, Diskettes, etc.– (1)
Notwithstanding anything contained in section 16, the books provided under sub-
section (1) of that section may also be kept in computer floppies or diskettes or in
any other electronic form in the manner and subject to the safeguards as may
be prescribed by the Inspector General with the sanction of the State
Government.

(2) Notwithstanding anything contained in this Act or in any other law for
the time being in-force, a copy or extracts from the books kept under sub-section
(1) given by the registering officer under his hand and seal shall be deemed to be
a copy given under section 57 for the purposes of sub-section (5) of that
section.

(This section is inserted by the Registration and other Related Laws

(Amendment) Act, 2001- Central Act 48 of 2001 w.e.f. 24.09.2001)

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;
 (d) leases of immovable property ;

(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;

(f) any decree or order or award or a copy thereof passed by a Civil

Court on consent of the defendants or on circumstantial evidence
but not on the basis of any instrument which is admissible in
evidence under section 35 of the Indian Stamp Act, 1899, such as
registered title deed produced by the plaintiff, where such decree or
order or award purports or operate to create, declare , assign,
limit, 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; and

(g) agreement of sale of immovable property of the value of one

hundred rupees and upwards:

[Clause (d) is as substituted and clause (f) and (g) are as inserted by
A.P.Act 4 of 1999 w.e.f. 1-4-1999]

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.

(1A) The documents containing contracts to transfer for consideration, any

immovable property for the purpose of section 53A of the Transfer of property
Act, 1882 (4 of 1882) shall be registered if they have been executed on or after
the commencement of the Registration and the Related Laws (amendment
Act, 2001 and if such documents are not registered on or after such
commencement, then, they shall have no effect for the purposes of the said
Section 53A. [This sub-section is inserted by the Registration and other
Related Laws (Amendment) Act, 2001( 48 of 2001) dated 24-9-2001.]
(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 other than the documents specified in sub-section

(1A) expect an agreement of sale as mentioned in clause (g) of
sub-section (1) not in 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

[This clause is as amended by A.P.Act 4 of 1999 w.e.f. 1-4-1999 and

further amended by Central Act 48 of 2001 w.e.f. 24-9-2001]

(vi) any decree or order of a Court, not being a decree or order or

award falling under clause (f) of sub-section (1) 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

[This clause is as amended by A.P. Act 4 of 1999, w.e.f. 1-4-1999]

 (vii) any grant of immovable property by the 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
(12 of 1884), or instrument for securing the repayment of a loan
made under that Act; or

(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.

Explanation: - (Omitted by A.P. Act 4 of 1999 w.e.f. 1-4-1999)

(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) (Omitted by A.P. Act 4 of 1999, w.e.f. 1-4-1999)

(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 refuse to accept
for registration any document in which any interlineations, blank, erasure or
alteration appears, unless the persons executing the document attest with their
signatures or initials such interlineations, 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
interlineations, 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 plan as
are equal to the number of such districts.

22. Description of houses and land by reference to Government maps

or surveys.– (1) Where it is, in the opinion of the 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.

*22-A. Prohibition of Registration of certain documents.– (1)The

following classes of documents shall be prohibited from registration, namely:

(a) documents relating to transfer of immoveable property, the

alienation or transfer of which is prohibited under any statute of the
State or Central Government;
 (b) documents relating to transfer of property by way of sale, agreement
of sale, gift, exchange or lease in respect of immoveable property
owned by the State or Central Government, executed by persons
other than those statutorily empowered to do so;

(c) documents relating to transfer of property by way of sale, agreement

of sale, gift, exchange or lease exceeding (ten) 10 years in respect
of immoveable property, owned by Religious and Charitable
Endowments falling under the purview of the Telangana Charitable
and Hindu Religious Institutions and Endowments Act, 1987 or by
Wakfs falling under the Wakfs Act, 1995 executed by persons other
than those statutorily empowered to do so;

(d) agricultural or urban lands declared as surplus under the Telangana

Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 or the
Urban Land (Ceiling and Regulation) Act, 1976;

(e) any document or class of documents pertaining to the properties the

State Government may, by notification prohibit the registration in
which avowed or accrued interests of Central and State
Governments, Local Bodies, Educational, Cultural, Religious and
Charitable Institutions, those attached by Civil, Criminal, Revenue
Courts and Direct and Indirect Tax Laws and others which are likely
to adversely affect those interests.

(2) For the purpose of clause (e) of sub-section (1), the State Government
shall publish a notification after obtaining reasons for and full description of
properties furnished by the District Collectors concerned in the manner as may be
prescribed.

(3) Notwithstanding anything contained in this Act, the registering officer

shall refuse to register any document to which a notification issued under clause
(e) of sub-section (1).

(4) The State Government either suo motu or on an application by any

person or for giving effect to the final orders of the High Court of Telangana or
Supreme Court of India may proceed to de-notify, either in full or in part, the
notification issued under sub-section (2).
 (5) Notwithstanding anything in any judgment, decree or order of a Court,
Tribunal or any other authority to the contrary no notification declaring that the
registration of any document or class of documents is opposed to public policy
and the refusal of the same for registration under section 22-A of the principal Act
during the period with effect from 1st April 1999 being the date of commencement
of the Registration (Telangana Amendment) Act, 1999 up to the date of the
commencement of the Registration (Telangana Amendment) Act, 2006
substituting new section 22-A in the principal Act, shall be deemed to be invalid
and the refusal for registration of the said document deemed to have been validly
refused for registration and accordingly

(a) no suit or other proceeding shall be maintained or continued in any

Court against the State Government or any person or authority
whatsoever for the purpose of registration and

(b) no Court shall enforce any decree or order directing to register.

*[This section is originally inserted by A.P. Act 4 of 1999, w.e.f. 1-4-1999

and later substituted by A.P. Act 19 of 2007,w.e.f 20.06.2007]

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.

23-A. 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 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.

23-B. Power to State Government to permit the registration

of documents registered in the loges at Masulipatnam and in certain other
areas in French India.– (1) the State Government may, by notification in the
Andhra Pradesh Gazette, direct that all documents, or any class of documents
which:

(a) relate to properties situated within the loges at Machilipatnam

(formerly known as Masulipatnam ), the areas whereof have been
set out in Schedule to the Madras (Enlargement of Areas and
Alteration of Boundaries) Order, 1948;

(b) have been registered in a registration office by an official appointed or

controlled by any French Indian Authority; and

(c) are required to be registered under this Act,

may be registered under this Act free of all charges within such time, and
subject to such restrictions and conditions , as may be specified in the
notification; and if any document is so registered, the registration shall have effect
for all purposes form the date on which the document was originally
registered by the official referred to in Clause (b):

Provided that nothing in this sub-section shall be deemed to invalidate any

decree or order touching any such document which may have been passed by
any Court of Law an become final before the enactment of this section.

(2) Sub-section (1) shall apply in relation to documents relating to

properties situated within the limits of any French territory now adjoining the
territory of the State of Andhra, as it applies in relation to document relating to
properties situated within the loges referred to, in sub-section (1), subject to the
modification that for the words “ before the enactment of this section” occurring in
the proviso, the words “before such date as may be notified in that behalf by the
State Government” shall be substituted.

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 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-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 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 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 a 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), (d), (e), (f) and (g); section 17, sub-section (2), insofar
as such document affects immovable property; and section 18, clauses (a), (b)
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. [This section is as amended through A.P.Act 4 of
1999, w.e.f. 1-4-1999]

29. Place for registering other documents.– (1) Every document 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.– Any Registrar may in

his discretion receive and register any document which might be registered by any
Sub-Registrar subordinate to him.
 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 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.

PART VI
Of Presenting Documents for Registration

32. Persons to present documents for registration.– Except in the

cases mentioned in 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 assign of such person, or

(c) by the agent of such person, representative or assign, duly

authorised by power-of-attorney executed and authenticated
in manner hereinafter mentioned.

32-A. Compulsory affixing of photograph, etc.– Every person

presenting any document at the proper registration office under section 32 shall
affix his passport size photograph and fingerprints to the document:

Provided that where such document relates to the transfer of ownership of

immovable property, the passport size photograph and fingerprints of each
buyer and seller of such property mentioned in the document shall also be affixed
to the document.
 [This section is inserted by the Registration and other Related Laws
(Amendment) Act 2001,Central Act 48 of 2001 w.e.f 24-9-2001]

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
recognized, namely:-

(a) if the principal at the time of executing the power-of-attorney

resides in any part of 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 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 India, a
power-of-attorney executed before and authenticated by Notary
Public, or any Court, Judge, Magistrate, Indian Consul or Vice-
Consul, or representative of the Central Government:

Provided that the following persons shall not be required to attend at an

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.

Explanation: In this sub-section, "India" means India, as defined in clause

(28) of section 3 of the General Clauses Act, 1897(X of 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
per son 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 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 (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 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, 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 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 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 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 authorized 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 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 to summonses, commissions and witnesses.– The law in

force for the time being as to summonses, commissions and compelling the
attendance of witnesses 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

authorized agent, deposit with any Registrar his will in a sealed cover super
scribed 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 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
fire-proof 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 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, 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 note on such copy that the original
has been removed into 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 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 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:

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 any collateral
transaction not required to be effected by registered instrument. [This proviso is
as amended by Central Act No:48 of 2001, dated 24-9-2001).

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) ,(d) (e), (f) and (g) 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. [This sub-
section is as amended by A.P. Act 4 of 1999, w.e.f. 1-4-1999]

(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 and information storage devices as specified in subsection(1) of the
section 16 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 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.

[The words “and information storage devices as specified in sub-section (1)

of the section 16” have been inserted in sub-section (1) through A.P Act 16 of
1999]

52. Duties of registering officers when document presented.– (1)(a)

The day, hour and place of presentation, the photographs and fingerprints
affixed under section 32-A, and the signature of every person presenting a
document for registration, shall be endorsed on every such document at the
time of presenting it; [This clause is as amended by the Registration and other
Related Laws (Amendment ) Act, 2001, (48 of 2001 , dated 24-9-2001].

(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 there under, 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. [Repealed by Central Act XV 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 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, 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 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:

Provided that the copying of the items referred to above may be done
using electronic devices like scanner. [The proviso is added by A.P. Act 16 of
1999, w.e.f. 31-12-1998]

(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 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 is 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.
 (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 it 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 Registrar 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 his Book No.1.

67. [Omitted by A.P. Act 13 of 1966]

(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, make rules
consistent with this Act –

(a) providing for the safe custody of books, papers and documents;

(aa) providing the manner in which and the safeguards subject to

which the books may be kept in computer floppies or diskettes or in
any other electronic form under the sub-section (1) of section 16A;
(This clause is inserted by Central Act 48 of 2001)
(b) declaring what languages shall be deemed to be commonly used in
each district;

(bb) providing for the grant of licences to document writer, the

revocation of such licences, the terms and conditions subject
to which and the authority by whom such licences shall be
granted, the exemption of any class of document writers from the
licensing provisions and the conditions subject to which such
exemption shall be granted and generally for all purposes
connected with the writing of documents to be presented for
registration; [This clause is inserted by A.P. Act V 1960]

(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 section 51;

(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 published 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 XI-A
Registration of Documents by means of Electronic Devices
(This part is inserted by A.P. Act 16 of 1999)
70-A. Application of this Part.– This part shall apply to the areas only in
respect of which a notification is issued by the Government of Andhra Pradesh
under section 70-B.

70-B. Documents scanned by Electronic Devices in areas Notified by

the Government.– (1) The Government of Andhra Pradesh may, by
notification, in the official Gazette, direct that in any office as may be specified
therein, the process of registration of any category or categories of documents
may be completed and copying done with the help of the electronic devices like
computers, scanners and the compact disks and copies preserved on such
devices and retrieved when required.

(2) Notwithstanding anything contained in this Act or any other law for
the time being in force, a copy of any document registered and scanned using
the electronic devices and certified or attested by the registering officer in-charge
of the office shall also be received in evidence of any transaction as is
described in the said document.

70-C. Saving.– Nothing in this Part shall apply :

(i) to any document which in the opinion of registering officer is not

in a condition fit to be processed by means of electronic devices;

(ii) in the case of unforeseen eventuality like break down of the

computerized system of registration:
 Provided that the Registering Officer shall record the reasons in writing
therefor;

Provided further that the registering officer shall ensure that the data and
images of the documents registered during the period of non-application of this
Part, due to a breakdown of the computerized system, are duly incorporated
into the computer system, after the same is restored, in the manner prescribed by
the Inspector General of Registration.

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.– (1)
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, assign 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 registration 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 witnesses, 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,
assign 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 section 75 shall,
mutatis mutandis, apply to all documents presented for registration in accordance
with any such decree, and, notwithstanding anything contained in this Act, the
document 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.– 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.

80-A. Recovery of deficit registration fees.– (1) Notwithstanding

anything contained in section 80, if after the registration of document, it is
found that the fee payable under this Act in relation to that document has not
been paid or has been insufficiently paid, such fee or the deficit in the fee
paid, as the case may be, may, on a certificate of the registering officer be
recovered from the person who presented such document for registration under
section 32 as an arrear of a land revenue:

Provided that no such certificate shall be granted unless due inquiry is

made and such person is given an opportunity of being heard;

Provided further that no such enquiry shall be commenced after the

expiry of such period, after the date of the registration of the document, as
may be prescribed.

(2) The certificate of the registering officer under sub-section (1) shall,
subject to appeal under sub-section (3), be final and shall not be called in
question in any Court or before any authority.

(3) Any person aggrieved by a certificate of the registering officer under

sub-section (1) may appeal to the Registrar if it is a certificate of the Sub-
Registrar, or to the Inspector General of Registration if it is a certificate of the
Registrar. All such appeals shall be preferred within such time and shall be
heard and disposed of in such manner as may be prescribed.

(4) The Government or the Inspector General of Registration and Stamps

may write off the irrecoverable arrears of deficit registration fee subject to such
conditions as may be prescribed.

[This section is inserted by A.P. Act 4 of 1999]

 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
permission of the Inspector-General, 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 thing 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.

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 or get
scanned.

(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 or get scanned.
 (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 or get scanned.

(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 property comprised in the certificate is situate, and such
officer shall file the copy in his Book No.1 or get scanned.

(5) Every officer empowered to grant a certificate of sale of immovable

property under the Andhra Pradesh Co-operative Societies Act, 1964 or the
rules made there-under 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 registering
officer shall file the copy in his Book No.1 or get scanned.

(6) Every Tribunal issuing a certificate under sub-section (6) of section

38 or sub-section (2) of section 38-E of the Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Lands Act, 1950, declaring the protected tenant
to be the purchaser or owner, as the case may be, of the land and every
Tahsildar issuing a certificate sanctioning the exchange under sub-section (2) of
section 39 or under section 50-B of the Act aforesaid declaring the validity of
any alienation or other transfer of agricultural land, 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 agricultural land comprised in such certificate is
situate and such registering officer shall file the copy in the Book No.1 or get
scanned.

[The words “or get scanned” are added by A.P. Act of 1999, w.e.f. 31-12-
1998]
 Exemptions 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) notices given under section 74 or section 76 of the Bombay

Land-Revenue Code, 1879, of 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.– (1) Subject to such

rules and the previous payment of such fees as the State Government, by
notification in the Official Gazette, prescribed 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.
 (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. [Repealed]

93. [Repealed]

The Schedule
Repeal of enactments [Repealed by Act 1 of 1938, section 2 and Schedule]