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The regiatrstion act, 1908

The regiatrstion act, 1908

Raw JSON API

Sections

Section 1. Short title, extent and commencement.

Section 1

Section 2. Definitions.

Section 2

Section 3. Inspector-General of Registration.

Section 3

Section 4. [Repealed.].

Section 4

Section 5. Districts and sub-districts.

Section 5

Section 6. Registrars and Sub-Registrars.

Section 6

Section 7. Offices of Registrar and Sub-Registrar.

Section 7

Section 8. Inspectors of Registration offices.

Section 8

Section 9. [Repealed.].

Section 9

Section 10. Absence of Registrar or vacancy in his office.

Section 10

Section 11. Absence of Registrar on duty in his district.

Section 11

Section 12. Absence of Sub-Registrar or vacancy in his office.

Section 12

Section 13. Report to State Government of appointments under sections 10, 11 and 12.

Section 13

Section 14. Establishments of registering officers.

Section 14

Section 15. Seal of registering officers.

Section 15

Section 16. Register-books and fire-proof boxes.

Section 16

Section 16A. Keeping of books in computer floppies, diskettes, etc.

Section 16A

Section 17. Documents of which registration is compulsory.

Section 17

Section 18. Documents of which registration is optional.

Section 18

Section 19. Documents in language not understood by registering officer.

Section 19

Section 20. Documents containing interlineations, blanks, erasures or alterations.

Section 20

Section 21. Description of property and maps or plans.

Section 21

Section 22. Description of houses and land by reference to Government maps or surveys.

Section 22

Section 23. Time for presenting documents.

Section 23

Section 23A. Re-registration of certain documents.

Section 23A

Section 24. Documents executed by several persons at different times.

Section 24

Section 25. Provision where delay in presentation is unavoidable.

Section 25

Section 26. Documents executed out of India.

Section 26

Section 27. Wills may be presented or deposited at any time.

Section 27

Section 28. Place for registering documents relating to land.

Section 28

Section 29. Place for registering other documents.

Section 29

Section 30. Registration by Registrars in certain cases.

Section 30

Section 31. Registration or acceptance for deposit at private residence.

Section 31

Section 32. Persons to present documents for registration.

Section 32

Section 32A. Compulsory affixing of photograph, etc.

Section 32A

Section 33. Power-of-attorney recognisable for purposes of section 32

Section 33

Section 34. Enquiry before registration by registering officer.

Section 34

Section 35. Procedure on admission and denial of execution respectively.

Section 35

Section 36. Procedure where appearance of executant or witness is desired.

Section 36

Section 37. Officer or Court to issue and cause service of summons.

Section 37

Section 38. Persons exempt from appearance at registration-office.

Section 38

Section 39. Law as to summonses, commissions and witnesses.

Section 39

Section 40. Persons entitled to present wills and authorities to adopt.

Section 40

Section 41. Registration of wills and authorities to adopt.

Section 41

Section 42. Deposit of wills.

Section 42

Section 43. Procedure on deposit of wills.

Section 43

Section 44. Withdrawal of sealed cover deposited under section 42.

Section 44

Section 45. Proceedings on death of depositor.

Section 45

Section 46. Saving of certain enactments and powers of Courts.

Section 46

Section 47. Time from which registered document operates.

Section 47

Section 48. Registered documents relating to property when to take effect against oral agreements.

Section 48

Section 49. Effect of non-registration of documents required to be registered.

Section 49

Section 50. Certain registered documents relating to land to take effect against unregistered documents.

Section 50

Section 51. Register-books to be kept in the several offices.

Section 51

Section 52. Duties of registering officers when document presented.

Section 52

Section 53. Entries to be numbered consecutively.

Section 53

Section 54. Current indexes and entries therein.

Section 54

Section 55. Indexes to be made by registering officers, and their contents.

Section 55

Section 56. [Repealed.].

Section 56

Section 57. Registering officers to allow inspection of certain books and indexes, and to give certified copies

Section 57

Section 58. Particulars to be endorsed on documents admitted to registration.

Section 58

Section 59. Endorsements to be dated and signed by registering officer.

Section 59

Section 60. Certificate of registration

Section 60

Section 61. Endorsements and certificate to be copied and document returned.

Section 61

Section 62. Procedure on presenting document in language unknown to registering officer.

Section 62

Section 63. Power to administer oaths and record of substance of statements.

Section 63

Section 64. Procedure where document relates to land in several sub-districts.

Section 64

Section 65. Procedure where document relates to land in several districts.

Section 65

Section 66. Procedure after registration of documents relating to land.

Section 66

Section 67. [Omitted.].

Section 67

Section 68. Power of Registrar to superintend and control Sub-Registrars.

Section 68

Section 69. Power of Inspector-General to superintend registration offices and make rules.

Section 69

Section 70. Power of Inspector-General to remit fines.

Section 70

Section 71. Reasons for refusal to register to be recorded.

Section 71

Section 72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than

Section 72

Section 73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.

Section 73

Section 74. Procedure of Registrar on such application.

Section 74

Section 75. Order by Registrar to register and procedure thereon.

Section 75

Section 76. Order of refusal by Registrar.

Section 76

Section 77. Suit in case of order of refusal by Registrar.

Section 77

Section 78. Fees to be fixed by State Government.

Section 78

Section 79. Publication of fees.

Section 79

Section 80. Fees payable on presentation.

Section 80

Section 81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to

Section 81

Section 82. Penalty for making false statements, delivering false copies or translations, false personation, and

Section 82

Section 83. Registering officers may commence prosecutions.

Section 83

Section 84. Registering officers to be deemed public servants.

Section 84

Section 85. Destruction of unclaimed documents.

Section 85

Section 86. Registering officer not liable for thing bona fide done or refused in his official capacity.

Section 86

Section 87. Nothing so done invalidated by defect in appointment or procedure.

Section 87

Section 88. 88. Registration of documents executed by Government officers or certain public functionaries.

Section 88

Section 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.

Section 89

Section 90. Exemption of certain documents executed by or in favour of Government.

Section 90

Section 91. Inspection and copies of such documents.

Section 91

Section 92. [Repealed.].

Section 92

Section 93. [Repealed.].

Section 93

Section 1. Short title, extent and commencement .—(1) This Act may be called the 2*** Registration Act,

Section 1

Section 1908. 3[(2) It extends to the whole of India except the State of Jammu and Kashmir:

Section 1908

Section 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—

Section 2

Section 1. It has been amended in its application to West Bengal by Ben. Act 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of 1951;

Section 1

Section 2. The word “Indian” omitted by Act 45 of 1969, s. 2.

Section 2

Section 3. Subs. by Act 3 of 1951, s. 3 and the Schedule, for sub-section (2).

Section 3

Section 4. Subs. by A.O. 1950, for “a Native of India”.

Section 4

Section 5. The words and brackets “his cast (if any) and” omitted by Act 17 of 1956, s. 2.

Section 5

Section 6. Ins. by Act 3 of 1951, s. 3 and the Schedule.

Section 6

Section 3. Inspector-General of Registration.—(1) The 2[State Government] shall appoint an officer to be

Section 3

Section 4. [Branch Inspector-General of Sindh (Repealed).]—Rep. by the Government of India (Adaptation of

Section 4

Section 5. Districts and sub-districts.—(1) For the purposes of this Act, the 2[State Government] shall form

Section 5

Section 6. Registrars and Sub -Registrars.—The 2[State Government] may appoint such persons, whether

Section 6

Section 7. Offices of Registrar and Sub -Registrar.—(1) The 2[State Government] shall establish in every

Section 7

Section 8. Inspectors of Registration offices.—(1) The 2[State Government] may also appoint officers to be

Section 8

Section 1. Clause (11) omitted by Act 3 of 1951, s. 3 and Schedule. Earlier it was inserted by the A.O. 1950.

Section 1

Section 2. Subs. by the A.O. 1950, for “Provincial Government”.

Section 2

Section 3. Subs., ibid., for “the Crown”.

Section 3

Section 4. Subs. by the A.O. 1937, for “Local Official Gazette”.

Section 4

Section 5. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule.

Section 5

Section 9. [Military cantonments may be declared sub-districts or districts (Repealed).] Rep. by the Repealing

Section 9

Section 10. Absence of Registrar or vacancy in his office .—(1) When any Registrar, other than the

Section 10

Section 11. Absence of Registrar on duty in his district .—When any Registrar is absent from his office on

Section 11

Section 12. Absence of Sub -Registrar or vacancy in his office .—When any Sub -Registrar is absent, or

Section 12

Section 13. Report to State Government of appointments under sections 10, 11 and 12 .—(1) 3*** All

Section 13

Section 14. Establishments of registering officers.—5***

Section 14

Section 15. Seal of registering officers .—The several Registrars and Sub -Registrars shall use a seal bearing

Section 15

Section 16. Register-books and fire-proof boxes.—(1) The 1[State Government] shall provide for the office

Section 16

Section 1. Subs. by the A.O. 1950, for “Provincial Government”.

Section 1

Section 2. Subs. by Act 4 of 1914, s. 2 and the Schedule, for “the Local Government fills up the vacancy”.

Section 2

Section 3. The words and figure “All appointments made by the Inspector-General section 6 and” rep. by the A.O. 1937. Earlier these

Section 3

Section 4. Sub-section (3) rep. by the A.O. 1937.

Section 4

Section 5. Sub-section (1) rep., ibid.,

Section 5

Section 6. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001).

Section 6

Section 17. Documents of which registration is compulsory .—(1) The following documents shall

Section 17

Section 1. Ins. by Act 21 of 1929, s. 10.

Section 1

Section 2. Subs. by the A.O. 1950, for “Provincial Government”.

Section 2

Section 3. Subs. by the A.O. 1937, for “Local Official Gazette”.

Section 3

Section 4. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001).

Section 4

Section 18. Documents of which registration is optional .—Any of the following documents may be

Section 18

Section 1. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001).

Section 1

Section 2. Subs. by Act 21 of 1929, s. 10, for “and any award”.

Section 2

Section 3. Subs. by the A.O. 1950, for “Crown”.

Section 3

Section 4. Ins. by Act 39 of 1948, s. 2.

Section 4

Section 5. Ins by Act 2 of 1927, s. 2.

Section 5

Section 6. Ins. by Act 33 of 1940, s. 2.

Section 6

Section 19. Documents in language not understood by registering officer .—If any document duly

Section 19

Section 20. Documents containing interlineations, blanks, e rasures or alterations .—(1) The registering

Section 20

Section 21. Description of property and maps or plans .—(1) No non -testamentary document relating to

Section 21

Section 22. Description of houses and land by reference to Government maps or surveys .—(1) Where it

Section 22

Section 23. Time for presenting documents.—Subject to the provisions contained in sections 24, 25 and 26,

Section 23

Section 1. Subs. by the A.O. 1950, for “Provincial Government”.

Section 1

Section 24. Documents executed by several persons at different times .—Where there are several persons

Section 24

Section 25. Provision where delay in presentation is unavoidable .—(1) If, owing to urgent necessity or

Section 25

Section 26. Documents executed out of India .—When a document purporting to have been executed by all

Section 26

Section 27. Wills may be presented or deposited at any time .—A will may at any time be presented for

Section 27

Section 28. Place for registering documents relating to land .—Save as in this Part otherwise provided,

Section 28

Section 1. Ins. by Act 15 of 1917, s. 2.

Section 1

Section 2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.

Section 2

Section 3. Subs. by Act 33 of 1940, s. 3, for “and (d)”.

Section 3

Section 29. Place for registering other documents.—(1) Every document 2[not being a document referred to

Section 29

Section 30. Registration by Registrars in certain cases .—(1) Any Registrar may in his discretion receive

Section 30

Section 31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration

Section 31

Section 32. Persons to present documents for registration .—Except in the cases mentioned in 5[sections

Section 32

Section 33. Power-of-attorney recognisable for purposes of section 32 .—(1) For the purposes of section

Section 33

Section 1. Subs. by Act 33 of 1940, s. 3, for “and (c)”.

Section 1

Section 2. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words.

Section 2

Section 3. Subs. by the A.O. 1950, for “Provincial Government”.

Section 3

Section 4. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001).

Section 4

Section 5. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”.

Section 5

Section 6. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).

Section 6

Section 34. Enquiry before registration by registering officer .—(1) Subject to the provisions contained in

Section 34

Section 1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.

Section 1

Section 2. Subs. by Act 3 of 1951, s. 3, and the Schedule, for “resides in any other part of the States”.

Section 2

Section 3. Subs. by the A.O. 1950, for “British”.

Section 3

Section 4. The words “of His Majesty or” omitted, ibid.

Section 4

Section 5. Ins. by Act 3 of 1951, s. 3 and the Schedule.

Section 5

Section 35. Procedure on admission and denial of execution respectively .—(1) ( a) If all the persons

Section 35

Section 36. Procedure where appearance of executant or witness is desired .—If any person presenting

Section 36

Section 37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of

Section 37

Section 38. Persons exempt from appearance at registration -office.—(1) (a) A pe rson who by reason of

Section 38

Section 1. Ins. by Act 13 of 1926, s. 2.

Section 1

Section 2. Subs. by the A.O. 1950, for “Provincial Government”.

Section 2

Section 3. Subs. by the A.O. 1939, for “Local Official Gazette”.

Section 3

Section 39. Law as to summonses, commissions and witnesses .—The law in force for the time being as to

Section 39

Section 40. Persons entitled to present wills and authorities to adopt .—(1) The testator, or after his death

Section 40

Section 41. Registration of wills and authorities to adopt .—(1) A will or an authority to adopt, presented

Section 41

Section 42. Deposit of wills .—Any testator may, either personally or by duly authori sed agent, deposit with

Section 42

Section 43. Procedure on deposit of wills .—(1) On receiving such cover, the Registrar, if satisfied that the

Section 43

Section 44. Withdrawal of sealed cover deposited under section 42 .—If the testator who has deposited

Section 44

Section 45. Proceedings on death of depositor.—(1) If, on the death of a testator who has deposited a sealed

Section 45

Section 46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained shall

Section 46

Section 47. Time from which registered document operates .—A registered document shall operate from

Section 47

Section 48. Registered documents relating to property when to take effect against oral

Section 48

Section 49. Effect of non-registration of documents required to be registered.—No document required by

Section 49

Section 50. Certain registered documents relating to land to take effect against unregistered

Section 50

Section 1. Ins. by Act 21 of 1929, s. 10.

Section 1

Section 2. See now the Specific Relief Act, 1963 (47 of 1963).

Section 2

Section 3. The words, figures and letter “or as evidence of part performance of a contract for the purposes of section 53A of the Transfer

Section 3

Section 51. Register-books to be kept in the several offices .—(1) The following books shall be kept in the

Section 51

Section 52. Duties of registering officers when document presented .—(1) (a) The day, hour and place of

Section 52

Section 53. Entries to be numbered consecutively .—All entries in each book shall be numbered in a

Section 53

Section 54. Current indexes and entries therein .—In every office in which any of the books hereinbefore

Section 54

Section 55. Indexes to be made by registering officers, and their contents.—(1) Four such indexes shall be

Section 55

Section 1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001).

Section 1

Section 56. [Copy of entries in Indexes Nos. I, II and III to be sent by Sub -Registrar to Registrar and filed

Section 56

Section 57. Registering officers to allow inspection of certain books and indexes, and to give certified

Section 57

Section 58. Particulars to be endorsed on documents admitted to registration .—(1) On every document

Section 58

Section 59. Endorsements to be dated and signed by registering officer .—The registering officer shall

Section 59

Section 60. Certificate of registration .—(1) After such of the provisions of sections 34, 35, 58 and 59 as

Section 60

Section 61. Endorsements and certificate to be copied and document returned .—(1) The endorsements

Section 61

Section 62. Procedure on presenting document in language unknown to registering officer.—(1) When a

Section 62

Section 63. Power t o administer oaths and record of substance of statements .—(1) Every registering

Section 63

Section 64. Procedure where document relates to land in several sub -districts.—Every Sub-Registrar on

Section 64

Section 65. Procedure where document relates to land in several districts .—(1) Every Sub -Registrar on

Section 65

Section 66. Procedure after registration of documents relating to lan d.—(1) On registering any non -

Section 66

Section 67. [Procedure after registration under section 30, sub -section (2).] Omitted by the Registration and

Section 67

Section 68. Power of Registrar to superintend and control Sub -Registrars.—(1) Every Sub -Registrar

Section 68

Section 69. Power of Inspector -General to superintend registration offices and make rules.—(1) The

Section 69

Section 1. Subs. by the A.O. 1950, for "Provincial Government".

Section 1

Section 2. The words “and also for the destruction of such books, papers and documents as need no longer be kept” rep. by Act 5 of

Section 2

Section 3. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001).

Section 3

Section 4. Ins. by Act 39 of 1948, s. 4.

Section 4

Section 5. Subs. by the A.O. 1937, for “Local Official Gazette”.

Section 5

Section 70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise of

Section 70

Section 71. Reasons for refusal to register to be recorded .—(1) Every Sub-Registrar refusing to register

Section 71

Section 72. Appeal to Registrar from orders of Sub -Registrar refusing registration on ground other

Section 72

Section 73. Application to Registrar where Sub -Registrar refuses to register on ground of denial of

Section 73

Section 74. Procedure of Registrar on such application .—In such case, and also where such denial as

Section 74

Section 75. Order by Registrar to r egister and procedure thereon .—(1) If the Registrar finds that the

Section 75

Section 76. Order of refusal by Registrar.—(1) Every Registrar refusing—

Section 76

Section 77. Suit in case of order of refusal by Registrar .—(1) Where the Registrar refuses to order the

Section 77

Section 78. Fees to be fixed by State Government .—1*** The 2[State Government] shall prepare a table of

Section 78

Section 79. Publication of fees .—A table of the fees so payable shall be published in the Official Gazette,

Section 79

Section 1. The words “Subject to the control of the Governor-General in Council” omitted by Act 38 of 1920, s. 2, and the First Schedule.

Section 1

Section 2. Subs. by the A.O. 1950, for “Provincial Government”.

Section 2

Section 80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be

Section 80

Section 81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent

Section 81

Section 82. Penalty for making false statements, delivering false copies or translations, false

Section 82

Section 83. Registering officers may commence prosecutions .—(1) A prosecution for any offence under

Section 83

Section 84. Registering officers to be deemed public servants .—(1) Every registering officer appointed

Section 84

Section 85. Destruction of unclaimed documents .—Documents (other than wills) remaining unclaimed in

Section 85

Section 1. The words "the Branch Inspector-General of Sindh", omitted by the A.O. 1937.

Section 1

Section 86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No

Section 86

Section 87. Nothing so done invalidated by defect in appointment or procedure .—Nothing done in good

Section 87

Section 89. Copies of certain orders, certificates and instruments to be sent to registering officers and

Section 89

Section 90. Exemption of certain documents executed by or in favour of Government .—(1) Nothing

Section 90

Section 1. Subs. by Act 39 of 1948, s. 5, for section 88.

Section 1

Section 91. Inspection and copies of such documents .—1[(1)] Subject to such rules and the previous

Section 91

Section 92. [Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian

Section 92

Section 93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.

Section 93

Section 1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule.

Section 1

Section 2. Subs. by the A.O. 1950, for “Provincial Government”.

Section 2

Section 3. Subs., ibid., for “State Government prescribes in this behalf”.

Section 3

Section 4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).

Section 4