THE REGISTRATION ACT, 1908 [Act No. 16 Of Year 1908,

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THE REGISTRATION ACT, 1908[Act No. 16 of Year 1908, dated 18th. December, 1908]An Act to consolidate the enactments relating to the registration of documents.WHEREAS it is expedient to consolidate the enactments relating to the registrationof documents;It is hereby enacted as follows:PART- IPRELIMINARY1. Short title, extent and commencement(1) This Act may be called the Registration Act, 1908.(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 ofcountry from its operation.(3) It shall come into force on the first day of January, 1909.2. DefinitionsIn this Act, unless there is anything repugnant in the subject or context(1) "addition" means the place of residence, and the profession, trade, rank andtitle, (if any) of a person described, and, in the case of an Indian, hisfather'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 the information storage deviceslike floppy disk, hard disk, compact disk] and also any number of sheetsconnected together with a view of forming a book or portion of a book;*[added by A.P. Act 16 of 1999, w.e.f. 31-12-1998](3) "district" and "sub-district" respectively means a district and sub-districtformed under this Act;(4) "District Court" includes the High Court in its ordinary original civiljurisdiction;(5) "endorsement" and "endorsed" include and apply to an entry in writing by aregistering officer on a rider or covering slip to any document tendered forregistration under this Act;(6) "immovable property" includes land, buildings, hereditary allowances, rightsto ways, lights, ferries, fisheries or any other benefit to arise out of land,and things attached to the earth or permanently fastened to anything whichis attached to the earth, but not standing timber, growing crops nor grass;(6A) "India" means the territory of India excluding the State of Jammu andKashmir;(7) "lease" includes a counterpart, kabuliyat, an undertaking to cultivate oroccupy, and an agreement to lease;

(8) "minor" means a person who, according to the personal law to which he issubject, has not attained majority;(9) "movable property" includes standing timber, growing crops and grass, fruitupon and juice in trees, and property of every other description, exceptimmovable property; and(10) "representative" includes the guardian of a minor and the committee orother legal curator of a lunatic or idiot.PART IIOF THE REGISTRATION ESTABLISHMENT3. Inspector-General of Registration:(1) The State Government shall appoint an officer to be the Inspector-General ofRegistration 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 imposedupon the Inspector-General shall be exercised and performed by such officer orofficers, and within such local limits, as the State Government appoints in thisbehalf.(2) Any Inspector-General may hold simultaneously any other office under theGovernment.4. [Repealed]5. Districts and sub-districts:(1) For the purposes of this Act, the State Government shall form districts andsub-districts, and shall prescribe, and may alter, the limits of such districtand sub-districts.(2) The districts and sub-districts formed under this section, together with thelimits thereof, and every alteration of such limits, shall be notified in theOfficial Gazette.(3) Every such alteration shall take effect on such day after the date of thenotification as is therein mentioned.6. Registrars and Sub-Registrars:The State Government may appoint such persons, whether public officersor not, as it thinks proper, to be Registrars of the several districts, and to be SubRegistrar 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 styledthe office of the Registrar and in every sub-district an office or offices to bestyled 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 anyoffice of a Sub-Registrar subordinate to such Registrar, and may authorise anySub-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 ofthe Registrar to whom he is subordinate:Provided that no such authorisation shall enable a Sub-Registrar to hear anappeal 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 ofRegistration offices, and may prescribe the duties of such officers.(2) Every such Inspector shall be subordinate to the Inspector-General.9. [Repealed]10.Absence of Registrar or vacancy in his office:-(1) When any Registrar, other than the Registrar of a district including aPresidency-town, is absent otherwise than on duty in his district, or when hisoffice is temporarily vacant, any person whom the Inspector-General appointsin this behalf, or, in default of such appointment, the Judge of the DistrictCourt within the local limits of whose jurisdiction the Registrar's office issituate, shall be the Registrar during such absence or until the StateGovernment fills up the vacancy.(2) When the Registrar of a district including a Presidency-town is absent otherwisethan on duty in his district, or when his office is temporarily vacant, any personwhom the Inspector-General appoints in this behalf shall be the Registrarduring such absence, or until the State Government fills up the vacancy.11.Absence of Registrar on duty in his districtWhen any Registrar is absent from his office on duty in his district, he mayappoint any Sub-Registrar or other person in his district to perform, during suchabsence, all the duties of a Registrar except those mentioned in sections 68 and72.12.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 SubRegistrar during such absence, or until the vacancy is filled up.13. Report to State Government of appointments under sections 10, 11and 12(1) All appointments made under section 10, section 11 or section 12 shall bereported to the State Government by the Inspector-General.(2) Such report shall be either special or general, as the State Governmentdirects.14. Establishments of registering officersThe State Government may allow proper establishments for the several officesunder this Act.

15. Seal of registering officersThe several Registrars and Sub-Registrars shall use a seal bearing thefollowing inscription in English and in such other language as the StateGovernment 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 officerthe books and the information processing and storage devices like computerand scanners along with the software prescribed by the Inspector General fromtime to time necessary for the purposes of this Act.]*(Substituted by A.P. Act 16 of 1999 w.e.f. 31-12-1998)(2) The books so provided shall contain the forms from time to time prescribed bythe Inspector-General, with the sanction of the State Government, and thepages of such books shall be consecutively numbered in print, and the numberof pages in each book shall be certified on the title-page by the officer bywhom such books are issued.(3) The State Government shall supply the office of every Registrar with a fireproofbox, and shall in each district make suitable provision for the safe custody ofthe records connected with the registration of documents in such district.**[16A. KEEPING OF BOOK IN COMPUTER FLOPPIES, DISKETTES ETC.: (1) Not- withstanding anything contained in section 16, the books providedunder sub-section (1) of that section may also be kept in computerfloppies or diskettes or in any other electronic form in the manner andsubject to the safeguards as may be prescribed by the InspectorGeneral with the sanction of the State Government.(2) Notwithstanding any thing contained in this Act or in any other law forthe time being in-force, a copy or extracts from the books kept undersub-section (1) given by the registering officer under his hand and sealshall be deemed to be a copy given under section 57 for the purposesof sub-section (5) of that section]**[Inserted by the registration and other related laws (amendment) Act 2001dt 24-9-2001]PART IIIOF REGISTRABLE DOCUMENTS17. Documents of which registration is compulsory:(1)The following documents shall be registered, if the property to whichthey relate is situate in a district in which, and if they have been executed on orafter 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 thisAct 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 onehundred rupees, and upwards, to or in immovable property;(c) non-testamentary instruments which acknowledge the receipt or paymentof 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 .*(Substituted by A.P. amendment Act 4 of 1999 w.e.f. 1-4-1999)(e) non-testamentary instruments transferring or assigning any decree or orderof a court or any award when such decree or order or award purports oroperates to create, declare, assign, limit or extinguish, whether in presentor in future, any right, title or interest, whether vested or contingent, of thevalue of one hundred rupees and upwards, to or in immovable property:ANDHRA PRADESH STATE AMENDMENT(f) ** [any decree or order or award or a copy thereof passed by a Civil courton consent of the defendants or on circumstantial evidence but not on thebasis of any instrument which is admissible in evidence under section 35 ofthe Indian Stamp Act, 1899, such as registered title deed produced by theplaintiff, where such decree or order or award purports or operate tocreate, declare , assign, limit, extinguish whether in present or in futureany right , title or interest whether vested or contingent of the value ofone hundred rupees and upwards to or in immovable property; and(g) agreement of sale of immovable property of the value of one hundredrupees and upwards];**[inserted by A.P. amendment Act 4 of 1999 w.e.f. 1-4-1999]Provided that the State Government may, by order published in the OfficialGazette, exempt from the operation of this sub-section any leases executed in anydistrict, or part of a district, the terms granted by which do not exceed five yearsand the annual rent reserved by which do not exceed fifty rupees.{(1A) the documents containing contracts to transfer for consideration, anyimmovable property for the purpose of section 53A of the Transfer of propertyAct, 1882 (4 of 1882) shall be registered if they have been executed on or afterthe commencement of the Registration and the Related Laws (amendment Act,2001 and if such documents are not registered on or after such commencement,then, they shall have no effect for the purposes of the said Section 53A}{by the Registration and other related Laws (amendment ) Act,2001( 48 of 2001) dated 24-9-2001.}(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 inpart 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 inimmovable 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 immovableproperty or any interest therein to trustees upon trust for the benefit ofthe holders of such debentures; or(iv) any endorsement upon or transfer of any debenture issued by any suchcompany; or(v) *any document other than the documents specified in sub-section (1A)expect an agreement of sale as mention in clause (g) of sub-section (1)not in itself created. Declaring, assigning, limiting or extinguishing anyright, title or interest of the value of one hundred rupees and upwards, toor in immovable property, but merely creating a right to obtain anotherdocument which will, when executed, created declare assign, limit orextinguish any such right title or interest; or* amended by A.P. Act 4 of 1999 w.e.f. 1-4-1999 and further amended by act48 of 2001 w.e.f. 24-9-2001(vi) ** any decree or order of a court, not being decree or order or awardfalling under clause (f) sub-section( 1 ) except a decree or orderexpressed to be made on a compromise and comprising immovableproperty other than that which is the subject-matter of the suit orproceeding; or* amended by A.P. Act 4 of 1999, w.e.f. 1-4-1999(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 underthe Land Improvement Act, 1871, or the Land Improvement Loans Act,1883; or(x) any order granting a loan under the Agriculturists Loans Act, 1884 (12 of1884), or instrument for securing the repayment of a loan made under thatAct; or(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890)vesting any property in a Treasurer of Charitable Endowments or divestingany such treasurer of any property; or(xi) any endorsement on a mortgage-deed acknowledging the payment of thewhole or any part of the mortgage-money, and any other receipt forpayment of money due under a mortgage when the receipt does notpurport to extinguish the mortgage; or(xii) any certificate of sale granted to the purchaser of any property sold bypublic auction by a civil or revenue-officer.[Explanation: - omitted by A.P. Amendment 4 of 1999 w.e.f. 1-4-1999)(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 optionalAny of the following documents may be registered under this Act, namely:(a) instruments (other than instruments of gift and wills) which purport oroperate to create, declare, assign, limit or extinguish, whether in present orin future, any right, title or interest, whether vested or contingent, of avalue less than one hundred rupees, to or in immovable property;(b) instruments acknowledging the receipt or payment of any considerationon account of the creation, declaration, assignment, limitation orextinction of any such right, title or interest;(c) Omitted (by A.P. Amendment Act 4 of 1999, w.e.f. 1-4-1999)(cc) instruments transferring or assigning any decree or order of a court or anyaward when such decree or order or award purports or operates to create,declare, assign, limit or extinguish, whether in present or in future, anyright, title or interest, whether vested or contingent, of a value less thanone 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 inmovable property;(e) wills; and(f) all other documents not required by section 17 to be registered.19. Documents in language not understood by registering officerIf any document duly presented for registration be in a language whichthe registering officer does not understand, and which is not commonly used in thedistrict, he shall refuse to register the document, unless it be accompanied by atrue translation into a language commonly used in the district and also by a truecopy.20. Documents containing interlineations, blanks, erasures or alterations(1) The registering officer may in his discretion refuses to accept forregistration any document in which any interlineation, blank, erasure oralteration appears, unless the persons executing the document attestwith their signatures or initials such interlineation, blank, erasure oralteration.(2) If the registering officer registers any such document, he shall, at thetime of registering the same, make a note in the register of suchinterlineation, blank, erasure or alteration.21. Description of property and maps or plans(1) No non-testamentary document relating to immovable property shall beaccepted for registration unless it contains a description of such propertysufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other sideof the street or road (which should be specified) to which they front, andby their existing and former occupancies, and by their numbers if thehouses in such street or road are numbered.(3) Other houses and land shall be described by their name, if any, and asbeing the territorial division in which they are situate, and by theirsuperficial contents, the roads and other properties on which they abut,and their existing occupancies, and also, whenever it is practicable, byreference to a government map or survey.(4) No non-testamentary document containing a map or plan of anyproperty comprised therein shall be accepted for registration unless it isaccompanied by a true copy of the map or plan, or, in case suchproperty is situate in several districts, by such number of true copies ofthe map or plans as are equal to the number of such districts.22. Description of houses and land by reference to Government maps ofsurveys: (1) Where it is, in the opinion of the Statehouses, not being houses in towns, andmap or survey, the State Governmentrequire that such houses and lands assection 21, be so described.Government, practicable to describelands by reference to a Governmentmay, by rule made under this Act,aforesaid shall, for the purposes of(2) Save as otherwise provided by any rule made under sub-section (1), failure tocomply 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 theproperty to which it relates is sufficient to identify that property.*22-A.Documents Registration of which is opposed to public policy: -(1)The State Government may, by notification in the Official Gazette, declarethat the registration of any document or class of documents is opposed topublic policy.(2)Notwithstanding anything contained in this Act, the registering officer shallrefuse to register any document to which a notification issued under subsection (1) is applicable.* inserted by A.P. Amendment Act 4 of 1999 , w.e.f. 1-4-1999.PART IVOF THE TIME OF PRESENTATION23. Time for presenting documentsSubject to the provisions contained in sections 24, 25 and 26, no documentother than a will shall be accepted for registration unless presented for thatpurpose 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 fourmonths from the date on which the decree or order was made or, where it isappealable, within four months from the day on which it becomes final.

23A. Re-registration of certain documentsNotwithstanding anything to the contrary contained in this Act, if in any casea document requiring registration has been accepted for registration by a Registraror Sub-Registrar from a person not duly empowered to present the same, and hasbeen registered, any person claiming under such document may, within fourmonths from his first becoming aware that the registration of such document isinvalid, present such document or cause the same to be presented, in accordancewith the provisions of Part VI for re-registration in the office of the Registrar of thedistrict in which the document was originally registered; and upon the Registrarbeing satisfied that the document was so accepted for registration from a personnot duly empowered to present the same, he shall proceed to the re-registration ofthe document as if it has not been previously registered, and as if suchpresentation for re-registration was a presentation for registration made within thetime allowed therefor under Part IV, and all the provisions of this Act, as toregistration of documents, shall apply to such re-registration; and such document,if duly re-registered in accordance with the provisions of this section, shall bedeemed to have been duly registered for all purposes from the date of its originalregistration:Provided that, within three months from the twelfth day of September,1917, any person claiming under a document to which this section applies maypresent the same or cause the same to be presented for re-registration inaccordance with this section, whatever may have been the time when he firstbecame aware that the registration of the document was invalid.23-B.Power to State Government to permit the registration ofdocument registered in the logs at Masulipatanam and in certain otherareas in French India: - (1) the State Government may, by notification in theAndhra Pradesh Gazette, direct that all documents, or any class of documentswhich: -(a) relate to properties situated within the logs at Masulipatanam (formerly known as Masulipatanam ), the areas whereof have been setout in Schedule to the Madras ( Enlargement of Areas and Alteration ofBoundaries) order, 1948 ;(b) have been registered in a registration office by an official appointed orcontrolled by any French Indian Authority ; and(c) are required to be registered under this Act , may be registered underthis Act free of all charges within such time, and subject to suchrestrictions and conditions , as may be specified in the notification; andif any document is so registered, the registration shall have effect for allpurposes form the date on which the document, was originallyregistered by the officials referred to in Clause (b):Provided that nothing in this sub-section shall be deemed to invalidate anydecree or order touching any such document which may have been passed by anyCourt of Law an become final before the enactment of this section.(2) Sub-section (1) shall apply in relation to documents relating toproperties situated within the limits of any French territory now adjoining theterritory of the sate of Andhra, as it applies in relation to document relating toproperties situated within the logs referred to, in sub-section (1), subject to themodification that for the words “ before the enactment of this section” occurring inthe proviso, the words 1[before such date as may be notified in that behalf by theState Government ]

1[substituted by Adoption of Laws orders 1954, and amended by A.P. Act IXof 1961.]24. Documents executed by several persons at different timesWhere there are several persons executing a document at different times,such document may be presented for registration and re-registration within fourmonths 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 India is not presented for registration tillafter the expiration of the time herein-before prescribed in that behalf, theRegistrar, in cases where the delay in presentation does not exceed fourmonths, may direct that, on payment of a fine not exceeding ten times theamount of the proper registration-fee, such document shall be accepted forregistration.(2) Any application for such direction may be lodged with Sub-Registrar, who shallforthwith forward it to the Registrar to whom he is subordinate.26. Documents executed out of IndiaWhen a document purporting to have been executed by all or any of theparties out of [India is not presented for registration till after the expiration of thetime herein-before 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 inIndia.may, on payment of the proper registration-fee, accept such document forregistration.27. Wills may be presented or deposited at any timeA will may at any time be presented for registration or deposited in mannerhereinafter provided.PART VOF THE PLACE OF REGISTRATION28. Place for registering documents relating to landSave as in this Part otherwise provided, every document mentioned insection 17, sub-section (1), * clauses (a), (b), (c), (d), (e), (f) and (g) , of section17, sub-section (2), insofar as such document affects immovable property, andsection 18, **clauses (a), (b) (c) and (cc)], shall be presented for registration inthe office of a Sub-Registrar within whose sub-district the whole or some portion ofthe property to which such document relates is situate.*Substituted for the expression “ Clauses (a),(b), (c) ,(d) and (e) of section17 , sub-section” A.P. Act 4 of 1999, w.e.f. 1-4-1999.

** Substituted for the expression “ Clauses (a),(b), (c) and (cc) , by A.P.Act 4 of 1999, w.e.f. 1-4-1999.29. Place for registering other documents(1) Every document not being a document referred to in section 28 or acopy of a decree or order, may be presented for registration either inthe office of the Sub-Registrar in whose sub-district the document wasexecuted, or in the office of any other Sub-Registrar under the StateGovernment at which all the persons executing and claiming under thedocument desire the same to be registered.(2) A copy of a decree or order may be presented for registration in theoffice of the Sub-Registrar in whose sub-district the original decree ororder was made or, where the decree or order does not affectimmovable property, in the office of any other Sub-Registrar under theState Government at which all the persons claiming under the decree ororder desire the copy to be registered.30. Registration by Registrars in certain cases(1) Any Registrar may in his discretion receive and register any documentwhich might be registered by any Sub-Registrar subordinate to him.(2) Omitted. (by the Registration and other related Laws (amendment ) Act,2001( 48 of 2001) dated 24-9-2001.)31. Registration or acceptance for deposit at private residenceIn ordinary cases the registration or deposit of documents under this Actshall be made only at the office of the officer authorised to accept the same forregistration or deposit:Provided that such officer may on special cause being shown attend at theresidence of any person desiring to present a document for registration or todeposit a will, and accept for registration or deposit such document or will.PART VIOF PRESENTING DOCUMENTS FOR REGISTRATION32. Persons to present documents for registrationExcept in the cases mentioned in sections 31, 88 and 89, every document tobe 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 copyof a decree or order, claiming under the decree or order, or(b) by the representative or assignee of such a person, or

(b) by the agent of such a person, representative or assign, duly authorised bypower-of-attorney executed and authenticated in manner hereinaftermentioned.1[32-A. compulsory affixing of photograph, etc:- (1) every personpresenting any document at the proper registration officer under section 32 shallaffix his passport size photograph and fingerprints to the document:Provided that where such document relates to the transfer of ownership ofimmovable property, the passport size photograph and fingerprints of each buyerand seller of such property mentioned in the document shall also be affixed to thedocument.]1[inserted by the Registration and other Related Laws (amendment) Act 2001, (48of 2001), dated 24-9-2001]33. Power-of-attorney recognisable for purposes of section 32(1) For the purposes of section 32, the following powers-of-attorney shall alone berecognised, namely:(a) if the principal at the time of executing the power-of-attorney resides in anypart of India in which this Act is for the time being in force, a power-ofattorney executed before and authenticated by the Registrar or Sub-Registrarwithin whose district or sub-district the principal resides;(b) if the principal at the time aforesaid resides in any part of India in which thisAct is not in force, a power-of-attorney executed before and authenticated byany Magistrate;(c) if the principal at the time aforesaid does not reside in India, a power-ofattorney executed before and authenticated by Notary Public, or any court,Judge, Magistrate, Indian Consul or vice-consul, or representative of theCentral Government:Provided that the following persons shall not be required to attend at anyregistration-office or court for the purpose of executing any such power-ofattorney 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 seriousinconvenience 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.Explanation:- (1) In this sub-section "India" means India, as defined in clause(28) of section 3 of the General Clauses Act, 1897(X of 1897).(2) In the case of every such person

(1) This Act may be called the Registration Act, 1908. (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 .

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