REGISTRATION ACT, 1908
PART I : PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the 1[***] Registration Act,
1908.
2[(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 3[an Indian], 4[***] 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 also any number
of sheets connected together with a view of forming a book
or portion of a book;
(3) "district" and "sub-district" respectively means 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;
5[(6A) "India" means the 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 trees, and property
of every other description, except immovable property; and
(10) "representative" includes the guardian of a 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. 6[Branch Inspector-General of Sindh]
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 district 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-Registrar
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
and 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 authorise 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 authorisation 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. 7[Military cantonments may be declared
sub-districts or districts]
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 8[the vacancy is filled up].
13. Report to State Government of appointments under
sections 10, 11 and 12
(1) 9[***] 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.
10[***]
14. Establishments of registering officers
11[***]
(2) 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 necessary for the
purposes of this Act.
(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.
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; and
(d) leases of immovable property from year to year, or for
any term exceeding one year, or reserving a yearly rent;
12[(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-
(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 13[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
(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
14[(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.
15[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.
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) leases of immovable property for any term not exceeding
one year, and leases exempted under section 17;
16[(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 refuses to
accept for registration any document in which any
interlineation, blank, erasure or alteration appears, unless
the persons executing the document attest with their
signatures or initials such interlineation, 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 interlineation, 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 plans
as are equal to the number of such districts.
22. Description of houses and land by reference to
government maps of 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.
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.
17[23A. 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 therefor 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.]
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
18[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
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 18[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 18[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 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), 19[(d) and (e), section 17, sub-section. (2), insofar
as such document affects immovable property, and section 18,
clauses (a), (b) 20[(c) 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.
29. Place for registering other documents
(1) Every document 21[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
(1) Any Registrar may in his discretion receive and register
any document which might be registered by any Sub-Registrar
subordinate to him.
(2) 22[The Registrar of a district in which a
Presidency-Town is included and the Registrar of the Delhi
district] 23[***] may receive and register any document
referred to in section 28 without regard to the situation in
any part of 18[India] of the property to which the document
relates.
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 authorised 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 24[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 assignee of such a person, or
(c) by the agent of such a person, representative or assign,
duly authorised by power-of-attorney executed and
authenticated in manner hereinafter mentioned.
33. Power-of-attorney recognisable for purposes of section
32
(1) For the purposes of section 32, the following
powers-of-attorney shall alone be recognised, namely:-
(a) if the principal at the time of executing the
power-of-attorney resides in any part of 18[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 25[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 18[India], a power-of-attorney executed before and
authenticated by Notary Public, or any court, Judge,
Magistrate, 26[Indian] Consul or vice-consul, or
representative 27[***] 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.
5[Explanation: In this sub-section "India" means India, as
defined in clause (28) of section 3 of the General Clauses
Act, 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 person
executing such document, or their representatives, assigns
or agents authorised 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 (l) 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,
assignee 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, assignee or agent, such representative,
assignee or agent admits the execution, or
(c) If the person executing the document is dead, and his
representative or assignee 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 assignee 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:
28[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 authorised 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
registration-officer shall either himself go to the house of
such person, or to the hall 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 and
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 authorised
agent, deposit with any Registrar his will in a sealed cover
superscribed 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 not 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 fireproof 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
authorised 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 notice on such copy that the original has been
removed in to 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 12[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 32[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:
32[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 part performance of a contract for the purposes
of section 53A of the Transfer of Property Act, 1882, or as
evidence of any collateral transaction not required to be
effected by registered instrument.]
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) and (d) 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.
(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 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 Registrar’s-
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.
52. Duties of registering officers when document presented
(1)(a) The day, hour and place of presentation, and the
signature of every person presenting a document for
registration, shall be endorsed on every such document at
the time of presenting it;
(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 thereunder, 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. Copy of entries in Indexes Nos.I, II and III to be sent
by Sub-Registrar to Registrar and filed
[Repealed by the Indian Registration (Amendment) Act, 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, assignee or agent of any
person, the signature and addition of such representative,
assignee 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.
(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 substances 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
notice 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
notice, 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 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 registered 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 this Book No.1.
67. Procedure after registration under section 30,
sub-section (2)
On any document being registered under section 30,
sub-section (2), a copy of such document and of the
endorsements and certificate thereon shall be forwarded to
every Registrar within whose district any part of the
property to which the instrument relates is situate, and the
Registrar receiving such copy shall follow the procedure
prescribed for him in section 66, sub-section (1).
(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 to make rules consistent with this Act-
(a) providing for the safe custody of books, papers and
documents 29[***];
(b) declaring what languages shall be deemed to be commonly
used in each district;
(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 sections 51;
14[(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 punished 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 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
(l.) 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, assignee 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 registering 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 witness,
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,
assignee 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
section75 shall, mutatis mutandis, apply to all documents
presented for registration in accordance with any such
decree, and, notwithstanding anything contained in this Act,
the documents 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
30[***] 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.
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 permissions of the
Inspector-General, 31[***] 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 things 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.
32[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.
(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.
(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.
(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 immovable property comprised in the
certificate is situate, and such officer shall file the copy
in his Book No.1.
EXEMPTION 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) 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.
91. Inspection and copies of such documents
33[(1) Subject to such rules and the previous payment of
such fees as the 34[State Government, by notification in the
Official Gazette, prescribes 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.
35[(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. Burmese registration rules confirmed
[Repealed by the Government of India (Adaptation of Indian
Laws) Order, 1937]
93. Repeal
[Repealed by the Repealing Act, 1938]
THE SCHEDULE: Repeal of enactments
[Repealed by Repealing Act, 1938]
Foot Notes
1 Word "Indian" omitted by Act No. 45 of 1969.
2 Substituted by Act No. 3 of 1951.
3 Substituted by the AO 1950, for the words "a Native of
India".
4 The words "his caste (if any) and" omitted by Act No. 17
of 1956.
5 Inserted by Act No. 3 of 1951.
6 Repealed by Govt. of India (AIL) Orders, 1937.
7 Repealed by the Repealing and Amending Act, 1927.
8 Substituted for the words "the Local Government fills up
the vacancy" by Act No. 4 of 1914.
9 The words and figure "All appointments made by the
Inspector-General under section 6 and", inserted by Act No.
4 of 1914 and later omitted by the Act of 1937.
10 Sub-section (3) omitted by the Act of 1937.
11 Sub-section (1) omitted by the Act of 1937.
12 Added by Act No. 21 of 1929.
13 Substituted by Act No. 21 of 1929 for the words "and any
award".
14 Inserted by Act No. 39 of 1948.
15 Inserted by Act No. 2 of 1927.
16 Inserted by Act No. 33 of 1940.
17 Inserted by Act No. 15 of 1917.
18 Substituted by Act No. 3 of 1951, for the words "the
States".
19 Substituted by Act No. 33 of 1940.
20 Substituted by Act No. 33 of 1940, for word and figure
"and (c)".
21 Substituted by Act No. 32 of 1940 for the words and
figure "other than a document referred to in section 28 and
a copy of a decree or order".
22 Substituted by Act No. 45 of 1969, for words "The
Registrar of a district including a Presidency-town".
23 The words "and the Registrar of the Lahore District"
omitted by the AO 1948.
24 Substituted by Act No. 39 of 1948 for words and figures
"s. 31 and s. 89".
25 Substituted by Act No. 3 of 1951, for the words "resides
in any other part of the State".
26 Substituted by the AO 1950, for the word "British".
27 The words "of His Majesty or" omitted by AO 1950, for
word "British".
28 Added by Act No. 13 of 1926.
29 The Words "and also for the destruction of such books,
papers and documents as need no longer be kept" repealed by
Act No. 5 of 1917.
30 The words "Subject to the control of the GG in C" omitted
by Act No. 38 of 1920.
31 The words "the Branch Inspector-General of Sindh",
omitted by AO 1937.
32 Substituted by Act No. 39 of 1948.
33 Section 91 renumbered as sub-section (1) by the Delegated
Legislation Provisions (Amendment) Act, 1983, w.e.f. 15th.
March, 1984.
34 Substituted for the words "State Government prescribes in
this behalf", ibid.
35 Inserted by the Delegated Legislation Provisions
(Amendment) Act, 1983, w.e.f. 15th. March, 1984.
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