Chapter 11
Chapter 11
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
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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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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
9. REGISTRATION – EFFECT
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Q–2 What are the requirements for registration of documents under Registration
Act, 1908?
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.
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.
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.
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
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.
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.
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)
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.
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)
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)
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)
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)
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. 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–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)
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)
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.
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Q – 13 Gautam executed a document on 20 October, 2007 in favour of Thomas. Thereafter,
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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
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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
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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.
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