BRIEF OVERVIEW OF THE REGISTERATION ACT, 1908

Registration of Documents
The Registration of documents is made under the provisions of the Registration Act, 1908.
The Registration Act 1908 is used for proper recording and registration of documents /
instruments, which give them more authenticity.
Registration refers to the recording of the contents of a document with a Registering Officer
appointed by the State Government. The State Government may exclude any district or tracts
of country from its operation. The Registering Officer performs the important function of
preservation of copies of the original document.

The Act deals with cases where transactions between individuals are reduced to writing and
provide for compulsory or optional registration, as the case may be, of such written
instruments. It does not deal with transaction not reduced to writing.

This Act is divided into XV PARTS containing 93 sections, and 1 Schedule.

The Registration Act 1908 extends to the whole of India except to the State of Jammu and
Kashmir.

Brief History of the Registration Act 1908

Before the year 1864, there existed multiple enactments as to registration of documents in
British India. There were regulations applicable to each of the provinces of Bengal, Bombay
and Madras, providing for the registration of documents. The first complete enactment as to
registration of documents was passed by Act XVI of 1864, consolidating and amending all
the previous laws relating to the registration of assurances. It introduced for the first time a
system of compulsory registration in British India as to certain clauses of the documents and
also abolished the provisions limiting the rights of priority to registered deeds as against
unregistered document of the same nature. But even under this Act, the right of priority was
given to document optionally registerable and not to documents compulsorily registerable.
Thus, if two documents A and B were both optionally registerable, and one of them A was
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registered, then A would have priority over B. But if A was compulsorily registerable and B
was optionally registerable, the fact that A was registered did not entitle it to priority over B.

The law relating to registration of assurances was again consolidated and amended by Act
XX of 1866. It was again amended by Act VIII of 1871. The Act of 1871 was subsequently
amended by Act III of 1877. The Act of 1877 for the first time introduced a provision to give
priority to registered documents irrespective of the fact that whether they were optionally or
compulsorily registerable.

In 1908, a new Act namely the Indian Registration Act, 1908 (Act No. XVI of 1908) was
enacted for consolidation of enactments relating to the registration of the documents. The
Registration Act 1908 was earlier known as the Indian Registration Act 1908. The word
‘Indian’ was omitted from the name of the Act on 26th December, 1969 by Act no. 45 of
1969.

Objective of Registration

The main purpose of registration of documents or the object of The Registration Act 1908,
amongst other things is to provide a method of public registration of documents so as to give
information to people regarding legal rights and obligations arising or affecting a particular
property and to perpetuate documents which may afterwards be of legal importance, and also
to prevent fraud.

Therefore the objectives can be listed as follows:

1. The conservation of evidence,
2. Assurance of title, publicity of documents and prevention of fraud.
3. Registration ensures and safeguards the interest of an intending purchaser.
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Registration Establishment for registration of documents:

The main purpose for which the Registration Act 1908 was designed was to ensure that
correct land records could be maintained. The Act is also used for proper recording of
transactions relating to other immovable property. The Act provides for registration of other
documents also, which can give these documents more authenticity. Registering authorities
have been provided in all the districts for this purpose.

The authorities dealing with registration under the Registration Act, 1908 are as follows:

• Inspector General of Registration (appointed by State Government)

• Inspectors of Registration Offices (appointed by State Government and is

subordinate to the Inspector General)

• The State Govt. shall form Districts and Sub-Districts for purpose of the Registration
Act 1908

• Registrars of Districts

• Sub-Registrars of Sub-Districts

Where document should be registered:

Document should be presented for registration at the office of Registrar/Sub-Registrar in

whose jurisdiction the property is located, during 9.30 a.m. to 1.00 p.m. on any working day.

Document relating to immovable property should be registered in the office of Sub-Registrar

of sub-district within which the whole or some portion of property is situated. Other
document can be registered in the office of Sub-Registrar where all persons executing the
document desire it to be registered.
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A Registrar can accept a document which is registerable with sub-registrar who is

subordinate to him. Document should be presented for registration at the office of
Registrar/Sub-Registrar. However, in special case, the officer may attend residence of any
person to accept a document or will.

All persons executing the document or their representatives, assigns or agents holding power
of attorney must appear before registering officer. They have to admit execution and sign the
document in presence of Registrar. Appearance may be simultaneous or at different times. If
some of the persons are unable to appear within 4 months, further time up to additional 4
months can be given on payment of fine up to 10 times the proper registration fee.

If document relates to transfer of ownership of immovable property, passport size photograph

and finger prints of each buyer and seller of such property shall be affixed to document. The
Registrar is required to ensure that these are endorsed on the document.

Papers/document/fees, submitted

For example, where a property is located in Delhi, the following documents will need to be
submitted:

1. Document required to be registered (in duplicate)

2. Two Passport size photographs of both parties. (Also fingerprints of buyer and
seller to be affixed to document – in case of transfer of ownership of
immovable property)
3. Two witnesses.
4. Proof of identification of each party and witnesses i.e. election Identity Card,
Passport, identity Card issued by Govt. of India, Semi govt. and Autonomous
bodies or identification by a Gazetted officer.
5. In case the property is/was under a lease from D.D.A., L&DO, M.C.D.,
Industries Department, Labour Department of Delhi Govt. etc., permission of
lessor for registration of the document.
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6. No objection Certificate under section 8 of Delhi Land (Restriction and

Transfer) Act, 1972 from Tehsildar of the Sub Division of the District to the
effect that the property is not under acquisition.

The documents that are presented for registration should be accompanied by true copies
thereof. Any blanks, erasure or alteration in the document should be attested by the person
executing the document with their signatures.

Procedure

1. The document is to be submitted to the Reader for scrutiny. After scrutiny, the Reader
would indicate the Registration fee required, on the document itself.
2. The due registration fee is to be deposited with the Cashier against a receipt.
3. After depositing the fees, the documents are required to be presented before the Sub-
Registrar by the parties in accordance with Section 32 of the Registration Act, 1908.
4. Endorsements made on the document after completion of formalities before Sub-Registrar
• Day, hour and place of presentation AND signature of person presenting document –
endorsed on the document
• Receipt for such document - given to person presenting the document

On every document admitted to registration the following particulars shall be endorsed:

• Signature and addition of every person admitting the execution of the document
• Signature and addition of every person examined in reference to such document under
the Registration Act
• Any payment of money or delivery of goods AND any admission of receipt of
consideration - made in presence of registering officer in reference to the execution
of the document.

5. The delivery of document is made on the production of the receipt issued by the cashier in
respect of the document at the time of presentation.
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Documents of which registration is compulsory -

Registration of documents relating to immovable property (of value of more than 100 /-) is
compulsory. Registration of will is optional.

Documents not requiring registration -

Some documents though related to immovable property are not required to be registered.
These are given in section 17(2) of the Registration Act 1908.

Optional Registration-
Documents relating to immovable property (of value of less than 100 /-), lease of immovable
property for a term of less than a year, documents relating to movable property, wills are
optionally registrable.

Time of presentation for registration -

Document should be submitted for registration within 4 months from date of execution.

Decree or order of Court can be submitted within four months from the day it becomes final.
If document is executed by several persons at different times, it may be presented for
registration within 4 months from date of each execution. If a document is executed abroad
by some of the parties, it can be presented for registration within four months after its arrival
in India.
In cases where delay of presentation of document is unavoidable, the Registrar may accept
the document for registration on payment of fine not exceeding ten times the amount of
registration fee.
Wills may be presented for registration at any time and may be deposited in any manner.

Re-registration –
If a person finds that a document has been filed for registration by a person who is not
empowered to do so, he can present the document for re-registration within 4 months from
the date he became aware of the fact that registration of document is invalid.
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Presentation of documents

As per Section 32 of the Registration Act, 1908 every document to be registered under the
Act shall be presented at the 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 or such a person, or

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

As per Section 33 of the Act, for the purpose of section 32, the following powers-of-attorney
shall alone be recognized:-

a) if the principal at the time of executing the power-of-attorney resides in any part of
India in which the Act is 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 a 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 any registration-office
or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses
(a) and (b) of this section, namely:-

(i) persons who by reason of bodily infirmity are unable without risk or serious
inconvenience so to attend;
(ii) Persons who are in jail under civil or criminal process; and
(iii)Persons exempt by law from personal appearance in court.
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Registration by Registering Officer –

If the Registering Officer is satisfied about identity of persons and if they admit about
execution of documents, and after registration fees are paid, the registering officer will
register the document. He will make necessary entries in the Register maintained by him.

Certification of registration -

After all formalities are complete, the Registering Officer will endorse the document with
word ‘Registered’, and sign the same. The endorsement will be copied in Register maintained
by the Registering Officer. After registration, the document will be returned to the person
who presented the document.

After all provisions which apply to document presented for registration have been complied
with:

• The Registering Officer shall endorse on the document, a certificate containing the
word “registered’ AND number and page of the book in which the document has been
copied.
• Such certificate to be Signed, Sealed and Dated by the registering officer
• The Certificate shall be admissible for proving that the document has been duly
registered and the facts mentioned on the document as endorsements, have occurred
as therein mentioned.

Effective date of document -

A document takes effect from its date of execution and not from date of registration.
However, if the document states that it will be effective from a particular date, it will be
effective from that date.
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Document registered has priority over oral agreement - Any non-testamentary document
registered under the Act takes effect against any oral agreement relating to the property. The
only exceptions are:
(a) If possession of property (movable or immovable) is delivered on basis of such oral
agreement and such delivery of possession is valid transfer under any law
(b) Mortgage by deposit of title deeds takes effect against any mortgage deed subsequently
executed and registered which relates to same property

Effect of non-registration -
If a document which is required to be registered under section 17 or under provisions of
Transfer of Property Act, 1882 is not registered, the effect is that such un-registered
document:

* does not affect any immovable property comprised therein

* cannot be received as evidence of any transaction affecting such property.

Thus, the document becomes redundant and useless for all practical purposes. It can be
accepted as evidence in criminal proceedings.

Registrable Documents

Registration of documents relating to immovable property (of value of more than 100 /-) is
compulsory. Some documents though related to immovable property are not required to be
registered. These are given in section 17(2) of the Registration Act, 1908. Registration of will
is optional.

For some documents, registration is optional like - documents relating to immovable property
(of value of less than 100 /-), lease of immovable property for a term of less than a year,
documents relating to movable property, wills.
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According to the law prevailing prior to 1st January,1865, registration was not essential to the
admissibility of any such documents executed prior to that date, though they may be required
to be compulsorily registrable under the later enactments.

In the same manner, documents executed but not registered at the time when the law did not
require them to be registered would be admissible in evidence although not registered
subsequently under the later statutes.

Whether a document is compulsorily registrable or not depends on the statutory application

of the Registration Act in force at the date of its execution and not of that in force on the date
of the hearing.

Section 17 of the Registration Act provides the necessity for registration of certain classes of
documents as defined in clauses (a) to (e) of that section. Section 49 of the said Act, provides
that any document so required to be registered, shall not affect any immovable property
comprised therein or to be received in evidence affecting such transaction unless it has been
duly registered.

Documents of which registration is compulsory:

As per Section 17 of the Registration Act, 1908, the registration of the following documents
is compulsory:

(1)The following documents shall be registered, if the properties 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:-
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(a) Instruments of gift of immovable property;

(b) other non-testamentary instruments which purport or operate to create, declare, assign,
limit or extinguish, whether in present or in future, any right, title or interest, whether vested
or contingent, of the value of one hundred rupees, and upwards, to or in immovable property;

(c) non-testamentary instruments which acknowledge the receipt or payment of any

consideration on account of the creation, declaration, assignment, limitation or extinction of
any such right, title or interest; and

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

(e) non-testamentary instruments transferring or assigning any decree or order of a court or

any award when such decree or order or award purports or operates to create, declare, assign,
limit or extinguish, whether in present or in future, any right, title or interest, whether vested
or contingent, of the value of one hundred rupees and upwards, to or in immovable property:

PROVIDED that the State Government may, by order published in the Official Gazette,
exempt from the operation of this sub-section any leases executed in any district, or part of a
district, the terms granted by which do not exceed five years and the annual rent reserved by
which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-
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(i) Any composition-deed; or

(ii) any instrument relating to shares in a joint Stock Company, notwithstanding that the
assets of such company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such company and not creating, declaring, assigning,
limiting or extinguishing any right, title or interest, to or in immovable property except
insofar as it entitles the holder to the security afforded by a registered instrument whereby the
company has mortgaged, conveyed or otherwise transferred the whole or part of its
immovable property or any interest therein to trustees upon trust for the benefit of the holders
of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such company; or

(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right,
title or interest of the value of one hundred rupees and upwards to or in immovable property,
but merely creating a right to obtain another document which will, when executed, create,
declare, assign, limit or extinguish any such right, title or interest; or

(vi) any decree or order of a court [except a decree or order expressed to be made on a
compromise and comprising immovable property other than that which is the subject-matter
of the suit or proceeding;] or

(vii) Any grant of immovable property by government; or

(viii) Any instrument of partition made by a revenue-officer; or

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(ix) any order granting a loan or instrument of collateral security granted under the Land
Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x) any order granting a loan under the Agriculturists Loans Act, 1884, or instrument for
securing the repayment of a loan made under that Act; or

(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: A document purporting or operating to effect a contract for the sale of

immovable property shall not be deemed to require or ever to have required registration by
reason only of the fact that such document contains a recital of the payment of any earnest
money or of the whole or any part of the purchase money.

(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred
by a will, shall also be registered.
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Documents of which registration is optional

Any of the following documents may be registered under this Act, namely:-

(a) instruments (other than instruments of gift and wills) which purport or operate to create,
declare, assign, limit or extinguish, whether in present or in future, any right, title or interest,
whether vested or contingent, of a value less than one hundred rupees, to or in immovable
property;

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

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

(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

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(f) All other documents not required by section 17 to be registered.

Documents Exempted from Registration

Certain documents executed by or in favour of the Government are exempted from

registration by virtue of section 90 of the Registration Act 1908

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
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(e) Notice given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879, or
relinquishment of occupancy by occupants, or of alienated land by holders of such land.

(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to
have been and to be registered in accordance with the provisions of this Act.

Tabular Representation of Situations / documents wherein registration is compulsory /

optional under Sec.17 and Sec.18 of the Registration Act, 1908:

Sl.No Situation / documents Registration requirement

1. Gift of immovable property Compulsory

2. Transfer of right, title or interest, whether Compulsory

vested or contingent, of an immovable
property, wherein the value exceeds
Rs.100/-.

3. Receipt or payment of any consideration on Compulsory

account of creation, declaration
assignments, limitation or extinction of any
such right, title or interest.

4. Lease of immovable property for any term Compulsory

exceeding one year or reserving a yearly
rent.

5. Transfer or assignment of decree / order of a Compulsory

Court or any award if it creates, assigns,
limit or extinguishes in present or future,
any right, title or interest in an immovable
property, wherein the value exceed Rs.100/-
.
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6. Composition Deed Not applicable

7. Any instrument relating to shares in a Joint Not applicable

Stock Company, notwithstanding that the
assets of such company consist in whole or
in part of immovable property.

8. Any debenture issued by any such company Not applicable

and not creating, declaring, assigning,
limiting or extinguishing any right, title or
interest, to or in immovable property except
in so far as it

entitles the holder to the security afforded

by a registered instrument whereby the
company has mortgaged, conveyed or
otherwise transferred the whole or part of its
immovable property or any interest therein
to trustees upon trust for the benefit of the
holders or such debentures.

9. Any endorsement upon or transfer of any Not applicable

debenture issued by any such company.

10. Any document that does not create, declare, Not applicable
assign, limit or extinguish any right, title or
interest of the value of one hundred rupees
and upwards, to or in immovable property,
but merely creates right to obtain another
document which will, when executed,
create, declare, assign, limit or extinguish
any such right, title or interest.

11. Any decree or order of a Court except a Not applicable

decree or order expressed to be made on a
compromise and comprising immovable
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property other than that which is the subject

matter of the suit or proceeding.

12. Any grant of immovable property by the Not applicable

Government

13. Any Instrument of partition made by a Not applicable

Revenue office

14. Any order made under the Charitable Not applicable

Endowments Act 1890 vesting any

property in a Treasurer of Charitable

Endowments or divesting any such
Treasurer of any property.

15. Any endowment on a mortgage deed Not applicable

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.

16. Any certificate of sale granted to the Not applicable

purchaser of any property sold by public
auction by a Civil or Revenue Officer.

17. Authority to adopt a son and not conferred Compulsory

by a Will.

18. Instruments which create, assign, declare or Optional

limit any title or interest, wherein the value
of the immovable property is less than
Rs.100/-.

19. Lease of immovable property not exceeding Optional

one year.
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20. Transfer or assignment of decree / order of a Optional

Court or any award if it creates, assigns,
limit or extinguishes in present or future,
any right, title or interest in an immovable
property, wherein the value does not exceed
Rs.100/-.

21. Wills Optional