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Chapter 11

The document summarizes key aspects of the Registration Act of 1908 in India. [1] The objectives of the Act are to ensure accurate land records by requiring registration of transactions related to immovable property. [2] Certain documents related to immovable property, such as gifts of immovable property and leases over one year, must be registered. However, documents like shares in a company or government land grants do not require registration. [3] Documents must meet requirements like translations for unknown languages and attestations for alterations to be registered. The time limit to register documents is generally four months from execution.

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0% found this document useful (0 votes)
104 views

Chapter 11

The document summarizes key aspects of the Registration Act of 1908 in India. [1] The objectives of the Act are to ensure accurate land records by requiring registration of transactions related to immovable property. [2] Certain documents related to immovable property, such as gifts of immovable property and leases over one year, must be registered. However, documents like shares in a company or government land grants do not require registration. [3] Documents must meet requirements like translations for unknown languages and attestations for alterations to be registered. The time limit to register documents is generally four months from execution.

Uploaded by

Harsh lakra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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J K SHAH CLASSES CS EXECUTIVE - JURISPRUDENCE, INTERPRETATION AND GENERAL LAWS

CHAPTER 11 REGISTRATION ACT, 1908

1. OBJECTIVES
Objectives of  To ensure information about all deals concerning land so that
the Act correct land records could be maintained.
 Proper recording of transactions relating to other immovable
property
 Registration of other documents for more authenticity.
 Registering authorities have been provided in all the district for
this purpose.
2. REGISTRATION OF DOCUMENTS

Documents  Registration of following documents is compulsory :


for which  Instruments of gifts of immovable property – Section 17(1)(a)
registration is  Non-testamentary Instrument which create, declare, assign,
compulsory – limit or extinguish any right, title or interest of the value of over
Section 17(1) Rs.100 in immovable property – Section 17(1)(b)
 Acknowledge receipt or payment of any consideration on
account of creation, declarations, assignment, limitation or
extinction of any right, title or interest in immovable property –
Section 17(1)(c)
 Lease on immovable property from year to year, of for any
term exceeding one year, or reserving a yearly rent. – Section
17(1)(d)
 Non-testamentary instruments transferring or assigning any
decree or order of a Court or any award which create, declare,
assign, limit or extinguish any right, title or interest in
immovable property of value of Rs.100 or more. Section
17(1)(e)
 Part performance of contract, if the possession is transferred
to transferee, if document is executed on or after 24-9-2001. If
the document is not registered, the transferee gets no rights
under Section 53A of Transfer of Property Act. – Section
17(1A)
 Authority to adopt a child, if such authority is not conferred by
a will. – Section 17(3)
Important Note :
 Testamentary means connected with ‘Will’.

Examples of documents that require compulsory registration :


 A compromise decree, which creates for the first time, any right,
title, or interest in immovable property.
 A n award of Arbitrator creating right, title or interest in immovable
property
 Right to catch fish in tank giving lease more than one year
 Conveyance of part performance for immovable property requires
registration if possession is transferred.
 Agreement to lease

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Document for  Following documents through related to immovable property are


which not required to be registered. These are given in section 17(2) of
registration is the Act as follows :
not necessary  Compound deed
– Section  Instrument relating to shares in a company even if assets of
17(2) the company wholly or partly comprise of immovable property
 Debenture certificate, if the security for debentures is
mortgage, conveyance or transfer of immovable property to
trustees of debenture holders. The exemption applies only if
the mortgage is registered and duly stamped
 Endorsement or transfer of such debentures
 Any document merely creating right to obtain another
document, which will create right, title or interest when
executed.
 Any decree or order of Court, unless the decree is
compromising immovable property other than that, which is
subject matter of suit or proceedings.
 Grant of immovable property by the Government
 Instrument of partition made by Revenue Officer
 Loan granted as under collateral security of land under an Act
 Order vesting property in Charitable Endowments or divesting
the property under Charitable Endowments Act, 1890
 Any endorsement on mortgage deed acknowledging payment
of whole or any part of mortgage money
 Any receipt for payment of money due under mortgage when
the receipt does not purport to extinguish mortgage i.e. last
payment which extinguishes the mortgage is only registerable.
 Any certificate of sale granted to the purchaser of any property
sold by public auction by a Civil or Revenue Officer.

Examples of documents not required to be registered :


 A document incapable of valuation need not be registered.
 A lease deed executed for a period not exceeding 11 months
does not require registration, even if reduced in writing and
possession is delivered thereunder to a tenant.
 A foreign award does not require registration under Registration
Act. However, an award under Indian Arbitration Act will require
registration (if it pertains to immovable property)
Documents  Following documents can be registered on optional basis :
for which  Instruments (other than wills) which purport or operate to
registration is create, declare, assign, limit or extinguish any right, title or
optional – interest in movable property,
Section 18  Wills
 Documents not requiring registration under section 17(1) for
the reason that the value is below Rs.100
 Documents not required to be registered under Section 17(2)
(as explained above)

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3. REQUIREMENTS OF REGISTRATION OF DOCUMENTS

Translation if  If the document is in language not understood by registering


unknown officer and not commonly used in the district, a true translation
language – of document and its true copy should be submitted along with
Section 19 original.

Blanks,  If the document has interlineations, blank, erasure or alterations,


erasures etc. these should be attested with signatures or initials of persons
should be executing the document
authenticated  Registering Officer will make a note of such interlineations, blank,
– Section 20 erasure or alteration

Description of  The non-testamentary document should contain description of


property – the immovable property in sufficient details to identify the same.
maps or plans Details should contain :
– Section 21  Houses situated on north and front side of roads and their
existing and former occupancies and their house numbers (if
any).
 Territorial division of land, roads and other properties on which
they are situated if possible, situation with reference to
Government map or survey.

Photograph  If document relates to transfer of ownership of immovable


and property, passport size photograph and fingerprints of each
fingerprints of buyer and seller of such property shall be affixed to document.
buyer and
seller –
Section 32A

Effect of  It was held that even if document gives inaccurate or insufficient


inaccurate or description, it is not invalidated. The document does not become
insufficient invalid. – Lal Bahadur Yadav vs. Ram Bilash Rai (1997)
description

4. TIME LIMIT FOR REGISTRATION OF DOCUMENTS

Time Limit for  Document should be submitted for registration within 4 months
registration – from date of execution.
Sections 23 –  Decree or order of Court can be submitted within four months
25 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.
 A document executed outside India is not valid unless it is
registered in India.
 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
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document for re-registration within 4 months from the date he


became aware of the fact that registration of document is invalid.
 Registrar is authorized to condone delay in filing of documents
executed in India. Condonation can be upto four months and
fine upto 10 times the normal registration fee as prescribed by
Registrar is payable.

5. PLACE OF REGISTRATION OF DOCUMENTS

Place of  Documents relating to immovable property should be registered in


registration – the office of Sub-Registrar of sub-district within which the
Sections 28 - whole or some portion of property is situated.
31  Other document can be registered in the office of Sub-Registrar
where all persons executing the document desire it to be
registered.
 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 or Sub-Registrar. However, in special case, the officer
may attend residence of any person to accept a document or
will.

6. PRESENTATION OF DOCUMENTS FOR REGISTRATION

Who can  Document for registration can be presented by any of the


present following :
documents?  By some person executing or claiming under the same
(Sections 32 –  By representative or assign of such person
33)  By agent of such person duly authorized by power of attorney
in his favour
 It the person is resident of India, power of attorney must be
executed before Registrar or sub-Registrar where the person
is residing. If he is residing out of India, document of power of
attorney can be executed before Notary Public, or any Court,
Judge, Magistrate, Indian consul, vice consul or representative
of Central Government.

Appear in  All persons executing the document or their representatives,


person for assigns or agents holding power of attorney must appear before
registration Registering Officer. – Section 34
 They have to admit execution and sign the document in presence
of Registrar, as required under. – Section 58
 Appearance may be simultaneous or at different times – Section
34
 If some of the persons are unable to appear within 4 months,
further time upto additional 4 months can be given on payment of
fine upto 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

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and seller of such property shall be affixed to document. The


Registrar is required to ensure that these are endorsed on the
document.
 Following persons are exempt from personally appearing
before the Registrar, if they have executed the document in
official capacity :
 Officer of Government
 Official Trustee or Official Assignee
 Sheriff, Receive or Registrar of High court
 Holder of public office as may be notified State Government in
Official Gazette – Section 88

Procedure for  Following procedure should be followed after document is filed. :


registration
Inquiry by  The registration officer will :
Registration  Enquire whether the persons purported to
officer have executed the document have indeed
executed it.
 Satisfy himself about identify of persons who
are personally appearing before him –
normally through witnesses.
 Satisfy himself about right of persons who are
appearing as representatives or authorized
agents.

Registration  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. – Section 35
 He will make necessary entries in the Register
maintained by him.
 Registrar shall make necessary entry and he will
issue receipt of the document to the person
presenting the document
 The document accepted for registration shall be
copied in the prescribed book.
 A consecutive serial number has to be given to
the document. This number should start fresh
every year and continue till end of the year. –
Section 53

Certificate of  After all formalities are complete, the Registering


registration Officer will endorse the document with word
“Registered’, and sing the same.
 After registration, the document will be returned
to the person who presented the document –
Section 61

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7. REFUSAL TO REGISTER DOCUMENTS

When  The Registering Officer shall refuse to register document as per


Registrar Section 35 in following cases :
refuse to  Any person who is purported to have executed a document
register? denies its execution.
(Section 35)  If any such person appears to be minor, idiot or lunatic
 Any person who has executed the document is dead and his
representative or assign denies execution of document.
 Interlineations, blank, erasures or alterations are not attested
by signatures or initials – Section 20
 Description of property not sufficient to identify the same –
Section 21
 Presentation is out of time – Section 25, or failure to pay fine
in prescribed time for late presentation of the document
 Presentation of document at wrong registration office, i.e. at
office other than prescribed in section 28
 Non-payment of fees for registration
 Presentation of document by a person who is not authorized to
present the document under section 32 (under section 32, only
executing person, his representative or assign or agent
authorized by power of attorney can present the document)
 Non-appearance of person before Registering Officer within 4
months, as required under section 34

Remedy  If registration is refused, the Sub-Registrar has to issue an order


against for refusal – Section 71
refusal  Appeal against such order lies with Registrar. Appeal should be
filed within 30 days. – Section 72
 If the Registrar also refuses to order registration, a suit can be
filed within 30 days in the Civil Court. – Section 77

No refusal if  In State of Punjab vs. Mohabir Singh – (1996), it has been held
documents that if a document, in the opinion of Registrar, is under stamped,
not properly he still has to register the same and then make a reference to
stamped. Collector.
 Registration cannot be refused on the round that the document is
under-stamped.
 In Government of Tamilnadu vs. PV Enter (2000) also, it was
held that documents must be registered and it cannot be withheld
for assessing and fixing duty based on market value. After
registration can take steps as provided in Statute.
 There is no provision in the Act that registration can be refused if
the document is not properly stamped.
 Indian Stamp Act makes provision for impounding the document if
it is not properly stamped. However, there is no provision that the
registration can be refused or kept pending on that ground.

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8. REGISTRATION OF WILL

Registration  Registration of Will is optional.


of Will  Any person claiming under the will or executor of the will can
present the will for registration on be testator himself, or after
his death – Section 40(1)
 Similarly, donor of authority to adopt a son can present the
authority. After his death, the authority can be presented by
done or adopted son. – Section 40(2)
 If the testator or donor presents the will, Registering Officer will
register documents in same manner as other document –
Section 41(1)
 However, if document is presented by beneficiary, it will be
registered only if Registering Officer is satisfied that :
 The document was indeed executed by testator or donor and
 The testator or donor is dead and
 The person presenting will or authority is entitled to present
the same – Section 41(2)

9. REGISTRATION – EFFECT

Effect of  Registration gives very valuable rights. On the contrary, if


registration document is not registered, it value becomes almost nil.
 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 – Section 47
 Registration of a document gives following rights :
 A document in respect of immovable property is registered; all
persons dealing with that property are deemed to have notice
of the registered deed.
 Any non-testamentary document registered under the Act
takes effect against any oral agreement relating to the
property. The only exceptions are :
- 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.
- Mortgage by deposit of title deeds takes effect against any
mortgage deed subsequently executed and registered
which relates to same property. – Section 48
 A document relating to immovable property which is required
to be registered and accordingly registered takes effect
against any un-registered document in relation to same
property. This is so whether the un-registered document is
executed before or after the document, which has been
registered. The only exception is lease of immovable property
for less than one year, which is not required to be registered
under the Act. – Section 50
 If two documents in respect of same property are registered,
the document executed first has priority, even if it is registered
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later. This is because as per section 47, the registered


document takes effect retrospectively form the date of
execution and not from date of registration
 Document when registered takes effect from date of its
execution and not from date of registration

Effect of non-  If a document which is required to be registered under section 17


registration 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
 Does not confer any power to adopt (a son)
 Cannot be received as evidence of any transaction affecting
such property or conferring such power
 Cannot be accepted as evidence of part performance under
Section 43A of Transfer of Property Act, when possession is
required to be transferred to transferee.
 Thus, the document becomes redundant and useless for all
practical purposes. Such document can be accepted only for
following limited purposes :
 Evidence of a contract in a suit for specific performance under
Specific Relief Act.
 Evidence of any collateral transaction not required to be
registered – Section 49

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CASE BASED QUESTIONS


Q–1 What are the objectives of Registration Act, 1908?

Ans. Refer Paragraph No. 1

Q–2 What are the requirements for registration of documents under Registration
Act, 1908?

Ans. Refer Paragraph No. 3

Q–3 A document executed on 2nd January 2015 was presented for registration under
the Registration Act, 1908 on 31st August 2015. The registering authorities
refused to accept the document for registration on the ground that it was time-
barred. Decide.

Ans. Refer Paragraph No. 4

Q–4 Ajit sells a house to Baljit by a written document in 1997 and delivers
possession thereof to Baljit. But the document is not registered. After 1 year,
Ajit sues Baljit to take back possession of the house on the ground that
because of non-registration, the document has no validity. Will Ajit succeed?

Ans. Ajit will not succeed. As per Section 49, if any document is required to be registered
and it is not registered. It will not be admitted as evidence under Indian Evidence Act,
1972. However, under Transfer of Property Act document can be used as evidence if
document is proof of part performance of a contract and plaintiff is willing to perform
his part of deal. In this question, subject matter attracts provision of Section 53A.

Q–5 State whether registration is compulsory or not for the following document :
comprise decree which creates for the first time any right, title or interest in
immovable property.

Ans. Yes, it requires registration

Q–6 State whether registration is compulsory or not for the following document :
An award of arbitrator creating right, title or interest in immovable property.

Ans. An award of Arbitrator creating right, title or interest in immovable property requires
registration – Satish Kumar vs. Surender Kumar
However, registration of Arbitrator’s Award is necessary only if title is founded on the
award. If the award contains a mere declaration of pre-existing right, the award is not
creating a right, title and interest. Then it is not required to be compulsorily registered.
– Sardar Singh vs. Smt. Krishna Devi

Q–7 State whether registration is compulsorily or not for the following document :
Consent decree which operates as release of immovable property.

Ans. Not require registration

Q–8 State whether registration is compulsorily or not for the following document :
Right to catch fish in tank giving lease more than one year.

Ans. Right to catch fish in tank giving lease more than one year requires to be stamped
and registered – Santosh Jayasmal vs. State of MP
In Anand Behra vs. State of Orissa, it was held that sale of right to catch fish in lake
is benefit arising out of land and as such is immovable property.

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Q–9 State whether registration is compulsorily or not for the following document :
A document incapable of valuation (to decide whether it is over Rs.100 or not)

Ans. A document incapable of valuation (to decide whether it is over Rs.100 or not) is not
required to be compulsorily registered. – Mithilesh Kumar vs. Manohar Lal.
In this case, the agreement was for restricting the right of use of property and hence
was not capable of valuation. A document incapable of valuation need not be
registered. – Varghese Paul vs. Narayanan Nair

Q – 10 When registrar shall refuse to register document?

Ans. Refer Paragraph No.7

Q – 11 Can a will be registered in case of immovable property located anywhere in


Delhi in any sub-registrar office of Delhi?

Ans. As per Section 29 of the Indian Registration Act, 1908, will may be presented for
registration either in the office of the concerned Sub-Registrar 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.

Q – 12 Can a will be registered even after death of testator?

Ans. Yes, claiming party under the will have to produce will, records relating to the death
of the testator, witnesses and the scribe before the Sub-Registrar.
If Sub-Registrar is satisfied about the truth and genuineness of the execution of the
will, he will register.
There is a procedure called “will enquiry” to be followed by the Registrar / Sub-
Registrar to register a will presented after the death of the testator.

Q – 13 Is it necessary to incorporate full description of the property in the documents


compulsorily required to be registered?

Ans. Yes, it is necessary to incorporate full description along with map / plan / details of
adjoining houses or streets etc. to the boundaries of the property to which a
document relates. It should be with reference to the survey number / Town survey
number / House number and the village / street / locality, etc. (Sections 21 and 22 of
the Registration Act, 1908)

Q – 14 Can the document presented for registration be withdrawn?

Ans. Registering officer may permit withdrawal of the document before completion of
registration on written request by the party who presented the document in case only,
if the document has been presented by the claimant but not by thee executants.

Q – 15 Is it necessary to register deed relating to transfer or assignment of decree


relating to immovable property?

Ans. If value of the property involved in decree is Rs.100 or more and creates, declared,
transfer, limit or extinguish right it should be compulsorily registered (Section 17(e) of
Registration Act)

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EXAM QUESTIONS

Q–1 State documents which are required to be compulsorily registered under the
Registration Act, 1908. (CS June 2010)
Or
What is ‘non-testamentary document’? Name any two non-testamentary documents.
Are all non-testamentary documents required to be registered? (CS December 2001)

Ans. Refer paragraph No.2

Q–2 Under the Registration Act, 1908, certain documents are not required to be registered
compulsorily. Name them. (CS June 2008)
State the documents of which registration is optional (CS June 2009, 2011)
Or
Mention the documents which are not required to be registered compulsorily under
the Registration Act, 1908. (CS December 2011)

Ans. Refer Paragraph No.2

Q–3 A document was executed by several persons at different times. The person in favour
such execution was made presented the document for re-registration after expiry of
three months. Can such document be registered and if so, within what period? (CS
December 2008, June 2011)
Or
Can the registering officer accept a document executed out on India? (CS June 2001)

Ans. Refer Paragraph No.4

Q–4 Briefly explain the law relating to the place for registering documents pertaining to
land and other documents (CS December 2005)
Or
State the place where documents effecting immovable property may be presented for
registration under the Registration Act, 1908. (CS June 2006, 2012)

Ans. Refer Paragraph No.5

Q–5 Akhilesh executes a sale deed of a house in favour of Brijesh. The house is situated
at Patna. Akhilesh wants to get the sale deed registered at Delhi. Can he do so? (CS
June 2006)

Ans. Akhilesh cannot do so. He is required to register the sale deed in office of the Sub-registrar
of Patna within whose jurisdiction property is situated. Please refer paragraph no. 5

Q–6 Discuss the remedies available to a person who has been refused to register a
document by a sub-registrar. Can registration of documents be refused on the
ground of under-valuation for stamp duty? (CS June 2007)

Ans. Refer Paragraph No.6

Q–7 By an agreement, Anamika transferred to Bipasha a decree of a court by which she


was entitled to possess 500 bighas of land. Is it necessary to register such a transfer
under the Registration act, 1908? (CS June 2006)

Ans. As per Section 17(1)(d) of the Registration Act, 1908, the transfer of any decree by
which an interest of Rs.100 or more in immovable property is crated, altered or
diminished needs to be registered to be effective. Hence, the agreement by which
Anamika transfers to Bipasha a court decree that entitles her to posses five
hundred bighas of land is required to be registered.

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Q–8 Write short note on – Effect of non-registration of documents required to be


compulsorily registered. (CS June 2006)
Or
State the effect of non-registration of documents required to be registered under the
Registration Act, 1908. (CS June 2014, December 2014)

Ans. Please. Refer Paragraph No.9

Q–9 Is a ‘will’ required to be registered under the, Registration Act, 1908? State the
benefits of registration of a will, if any. (CS December 2013)

Ans. Please. Refer Paragraph No.8-9

Q – 10 What are the cases in which a compulsorily registrable document can be used in
evidence, even if it has not been registered? (CS December 2014)

Ans. Refer Paragraph No.9

Q – 11 Ajoy has executed a gift deed in favour of Bijoy. But prior to the registration of gift
deed. Ajoy dies. Ajoy has already given the delivery of possession to Bijoy. The heirs
of Ajoy’s wished to register the gift. Bijoy’s brother objected on the ground that it
being a non-registered gift in the lifetime of Ajoy. It could not be registered after the
death of donor. Decide the validity of gift on the ground of non-registration of gift
deed. CS December 2006)
Or
Ankur has made a gift of a house to Bhaskar. Ankur has signed on the gift deed and
handed over the possession of the house to Bhaskar. Ankur did not want gift deed to
be registered. After sometime, Ankur dies. There was a long delay in the registration
of the gift deed. Whether the period of delay may be condoned by the Registrar for
the registration of gift deed even after the death of the donor under the Registration
act, 1908. (CS December 2007)

Ans. Section 17 of the Registration Act, 1908 gift of immovable property is document the
registration of which is compulsorily under the Act. However, it is not necessary that the
deed be registered during the life of the donor. Even if it is subsequently registered, it will
have the same effect as if it had been registered from the date of execution.
As per section 23 of the Act, document should be registered within time limit of four months
from execution. This time can be extended upto eight months in cases of urgent necessity
by registrar on showing sufficient cause for the delay.
In the given case, Ajoy executed a gift deed in favour of Bijoy, who failed to get it registered
during the lifetime of Ajoy. Later, after Ajoy’s death, it was presented to the Registrar for
registration. Bijoy’s brother raised an objection, contending that since the gift was
unregistered during the lifetime of Ajoy. It cannot subsequently be registered validity.
However, it is provided in the act that a gift deed can be registered anytime within the period
specified under the act, and even a subsequent registration will have the same effect as if it
was registered upon execution. As in the case of Kalyana Sundaram Pillai vs. Karuppa
Mopanar, non-registration of the deed will not render the gift invalid and if it is presented
within the proper timeframe, it can be duly registered.

Q – 12 Bijoy executed a contract for purchasing a piece of land in Delhi from Ajoy. Just after
the execution of contract, Bijoy proceeded to English and he is not expected to
return to India before six months. Chirag, a good friend of Ajoy who has general
power of attorney to act on behalf of Bijoy, gets the said sale deed registered. Is this
registration valid? (CS June 2007)

Ans. As per Section 32 of the Registration Act, 1908, a document can be presented for
registration by the executants or persons claiming under him or by the legal representative
or assignee or by their appointed agent, who has been authorized to do so by a special
power of attorney.
In view of the above provision, a general power of attorney is not acceptable. Special power
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of attorney needs to be executed before and authenticated by the Registrar within whose
jurisdiction the person giving it resides. Accordingly, registration effected by Chirag who
does not hold a special power of attorney is not valid.
th
Q – 13 Gautam executed a document on 20 October, 2007 in favour of Thomas. Thereafter,
st
Gautam executed another document ton 1 December 2007 in favour of Peter in
respect of the same property. The document between Gautam and Thomas was
th
registered on 15 January 2008 whereas the document between Gautam and Peter
was registered on 15th December 2007. Which document gets priority and why? (CS
December 2009)

Ans. Section 47 of the Registration Act provide that as between two registered documents
executed by the same person in respect of the same property to two different persons at
two different, the one, which is executed first, has priority over the other, although the
former deed is registered subsequently to the later one.
In view of the above provisions, deed executed first by Gautam in favour of Thomas will get
th
first priority. Here, deed was registered on 20 October 2007 should have priority over other
deed.

Q – 14 A document was executed outside India and it was presented for registration after a
lapse of four months from the date of its arrival in India. Whether the document may
be accepted for registration by the Registrar? Decide. (CS June 2010)

Ans. As per Registration Act, 1908, document executed by all or any party outside. India is
registered within period of 4 months from its arrival in India. For registration, document shall
be presented before Registrar within stipulated time along with fees.
In the given case, document may not be accepted by Registrar for registration as it has
been presented for registration after lapse of four months.

Q – 15 Shyam executes a sale deed of a house in favour of Krishana. The house is situated
in Faridabad, but the transferor and the transferee want the sale deed to be registered
at Gurgaon, which has also a district court of Haryana State. Can they do so? Give
reasons. (CS June 2012)

Ans. As per Section 28 of Registration Act, 1908, every document affects or relates to immovable
property shall be presented for registration in the office of a sub-registrar within whose sub-
district the whole of some portion of the property is situated.
In the given case, property is situated in Faridabad district of Haryana State. Gurgaon is
different district of same State. Parties to document shall get sale deed registered only in
Faridabad and not in Gurgaon, where property is situated.

: 165 :

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