The Registration Act 1908: 16 of 1908 with State amendments (Bare Act)/ Universal Law Publishing

Contributor(s): Universal Law PublishingMaterial type: TextTextPublication details: New Delhi: Universal Law Publishing, 2010Description: 89 pSubject(s): Bare ActDDC classification: 342.54
Contents:
THE REGISTRATION ACT, 1908 t Introcluction " PARTI . PRELIMINARY Sections 1. Short title, extent and commencement 2. Definitions PART II OF THE REGISTRATION-ESTABLISHMENT 3. Inspector-General of Registration 4. [Rqjealed] 5. Districts and sub-districts 6. Registrars and Sub-Registrars 7. Offices of Registrar and Sub-Registrar 8. Inspectors of Registration offices 9. [Repealed] 10. Absence of Registrar or vacancy in his office 11. Absence of Registrar on duty in his district 12. Absence of Sub-Registrar or vacancy in his office 13. Report to State Government of appointments under .sections 10, 11 and 12 14. Establishments of registering officers 15. Seal of registering officers 16. Register-books and fire-proof boxes 16A. Keeping of books in computer floppies, diskettes, etc. PART III OF REGISTRABLE DOCUMENTS 17. Documents of which registration is compulsory 18. Documents of which registration is optional 19. Documents in language not understood by registering officer 20. Documents containing interlineations, blanks, erasures or alterations 21. De.scription of property and maps or plans 22. De.scriplion of houses and land by reference to Government maps or surveys • PART IV OF THE TIME OF PRESENTATION 23. Time for presenting documents 23A. Re-registration of certain documents Documents executed by several persons at different tirnes . Provision where delay in presentation is unavoidable Documents executed out of India Wills may be presented or deposited at any time PART V OF THE PLACE OF REGISTRATION Place for registering documents relating to land Place for registering other documents Registration by Registrars in certain cases Registration or acceptance for deposit at private residence PART VI OF PRESENTING DOCUMENTS FOR REGISTRATION Persons to present documents for registration Compulsory affixing of photograph, etc. Power-of-attomey recognizable for purposes of section 32 Enquiry before registration by registering officer Procedure on admission and denial of execution respectively PART VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES Procedure where appearance of executant or witness is desired Officer or Court to issue and cause service of summons Persons exempt from appearance at registration-office Law as to summonses, commissions and witnesses PART VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT Persons entitled to present wills and authorities to adopt . Registration of wills and authorities to adopt PART IX OF THE DEPOSIT OF WILLS Deposit of wills Procedure on deposit of wills Withdrawal of sealed cover deposited under section 42 Proceedings on death of depositor Saving of certain enactments and powers of Courts PART X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION Time from which registered document operates Registered documents relating to property when to take effect agairtet oral agreements Effect of non-registration of documents required to be registered ! ! Certain registered documents relating to land to take effect agamst unregistered documents PART XI OF THE DUTIES AND POWERS OF REGISTERING OFFICERS (A) As to the Register-books and Indexes Register-books to be kept in the several offices Duties of registering officers when dociunent presented . ^ . Entries to be numbered consecutively Current indexes and entries therein Indexes to be made by registering officers, and their contents Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.—[Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), sec. 2.] Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries (B) As to the procedure on admitting to Registration Particulars to be endorsed on documents admitted to registration Endorsements to be dated and signed by registering officer Certificate of registration Endorsements and certificate to be copied and document returned Procedure on presenting document in language unknown to registering officer Power to administer oaths and record of substance of statements fO Special duties of Sub-Registrar Procedure where document relates to land in several sub-districts Procedure where document relates to land in several districts (D) Special duties of Registrar Procedure after registration of documents relating to land . [Repealed] (E) Of the controlling powers of Registrars and Inspector-General Power of Registrars to superintend and control Sub-Registrars Power of Inspector-General to superintend registration offices and make rules Power of Inspector-General to remit fines PART XII OF REFUSAL TO REGISTER Reasons for refusal to register to be recorded Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution Procedure of Registrar on such application Order by Registrar to register and procedure thereon Order of refusal by Registrar Suit in case of order of refusal by Registrar PART XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 78. Fees to be fixed by State Government 79. Publication of fees 80. Fees payable on presentation ^ • PART xrv OF PENALTIES 81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure . . . 75 82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment . . . 76 83. Registering officers may commence prosecutions . . . 78 . 84. Registering officers to be deemed public servants . . . 78 i PART XV MISCELLANEOUS 85. Destruction of unclaimed documents . . . 79 86. Registering officer not liable for thing bonn fide done or refused in his official capacity . . . 79 87. Nothing so done invalidated by defect in appointment or procedure . . . - ' 79 88. Registration of documents executed by Government officers or certain public functionaries . . . 79 89. Copies of certain orders, certificates and instruments to be | sent to registering officers and filed . . . 80 Exemptions from Act 90. / Exemption of certain documents executed by or in favour of Government . . . 87 91. Inspection and copies of such documents . . . 87 92. [Repealed] . . . 88 Repeals 93. [Repealed] . . . 88 THE SCHEDULE.—[Repealed]
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THE REGISTRATION ACT, 1908
t
Introcluction "
PARTI .
PRELIMINARY
Sections 1. Short title, extent and commencement
2. Definitions
PART II
OF THE REGISTRATION-ESTABLISHMENT 3. Inspector-General of Registration 4. [Rqjealed]
5. Districts and sub-districts 6. Registrars and Sub-Registrars 7. Offices of Registrar and Sub-Registrar 8. Inspectors of Registration offices 9. [Repealed] 10. Absence of Registrar or vacancy in his office 11. Absence of Registrar on duty in his district 12. Absence of Sub-Registrar or vacancy in his office 13. Report to State Government of appointments under .sections 10, 11 and 12 14. Establishments of registering officers 15. Seal of registering officers 16. Register-books and fire-proof boxes 16A. Keeping of books in computer floppies, diskettes, etc.
PART III
OF REGISTRABLE DOCUMENTS 17. Documents of which registration is compulsory 18. Documents of which registration is optional 19. Documents in language not understood by registering officer 20. Documents containing interlineations, blanks, erasures or alterations 21. De.scription of property and maps or plans 22. De.scriplion of houses and land by reference to Government maps or surveys • PART IV
OF THE TIME OF PRESENTATION 23. Time for presenting documents 23A. Re-registration of certain documents

Documents executed by several persons at different tirnes . Provision where delay in presentation is unavoidable
Documents executed out of India Wills may be presented or deposited at any time
PART V
OF THE PLACE OF REGISTRATION Place for registering documents relating to land Place for registering other documents Registration by Registrars in certain cases Registration or acceptance for deposit at private residence
PART VI OF PRESENTING DOCUMENTS FOR REGISTRATION Persons to present documents for registration Compulsory affixing of photograph, etc. Power-of-attomey recognizable for purposes of section 32 Enquiry before registration by registering officer Procedure on admission and denial of execution respectively
PART VII
OF ENFORCING THE APPEARANCE OF
EXECUTANTS AND WITNESSES Procedure where appearance of executant or witness is desired Officer or Court to issue and cause service of summons Persons exempt from appearance at registration-office Law as to summonses, commissions and witnesses
PART VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT Persons entitled to present wills and authorities to adopt . Registration of wills and authorities to adopt
PART IX OF THE DEPOSIT OF WILLS
Deposit of wills Procedure on deposit of wills Withdrawal of sealed cover deposited under section 42 Proceedings on death of depositor Saving of certain enactments and powers of Courts
PART X OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION Time from which registered document operates Registered documents relating to property when to take effect agairtet oral agreements Effect of non-registration of documents required to be registered ! ! Certain registered documents relating to land to take effect agamst unregistered documents

PART XI
OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes Register-books to be kept in the several offices Duties of registering officers when dociunent presented . ^ . Entries to be numbered consecutively
Current indexes and entries therein Indexes to be made by registering officers, and their contents Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.—[Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), sec. 2.] Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries
(B) As to the procedure on admitting to Registration Particulars to be endorsed on documents admitted to registration Endorsements to be dated and signed by registering officer Certificate of registration Endorsements and certificate to be copied and
document returned Procedure on presenting document in language unknown to registering officer Power to administer oaths and record of substance of statements
fO Special duties of Sub-Registrar Procedure where document relates to land in several sub-districts Procedure where document relates to land in several districts
(D) Special duties of Registrar Procedure after registration of documents relating to land . [Repealed] (E) Of the controlling powers of Registrars and Inspector-General Power of Registrars to superintend and control Sub-Registrars Power of Inspector-General to superintend registration offices and make rules Power of Inspector-General to remit fines
PART XII
OF REFUSAL TO REGISTER Reasons for refusal to register to be recorded Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution Procedure of Registrar on such application Order by Registrar to register and procedure thereon Order of refusal by Registrar Suit in case of order of refusal by Registrar

PART XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES 78. Fees to be fixed by State Government 79. Publication of fees 80. Fees payable on presentation ^ • PART xrv OF PENALTIES 81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure . . . 75 82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment . . . 76 83. Registering officers may commence prosecutions . . . 78 . 84. Registering officers to be deemed public servants . . . 78 i PART XV MISCELLANEOUS 85. Destruction of unclaimed documents . . . 79 86. Registering officer not liable for thing bonn fide done or refused in his official capacity . . . 79 87. Nothing so done invalidated by defect in appointment or procedure . . . - ' 79 88. Registration of documents executed by Government officers or certain public functionaries . . . 79 89. Copies of certain orders, certificates and instruments to be | sent to registering officers and filed . . . 80 Exemptions from Act 90. / Exemption of certain documents executed by or in favour of Government . . . 87 91. Inspection and copies of such documents . . . 87 92. [Repealed] . . . 88 Repeals 93. [Repealed] . . . 88 THE SCHEDULE.—[Repealed]

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