SectionsParticulars
Chapter IPreliminary
1Short 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:that the State Govern...
2Definitions
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 tit...
Chapter IIThe Registration-Establishment
3Inspector-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:that the State Go...
4Branch Inspector-General of Sindh [Repealed]
5Districts 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...
6Registrars 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-R...
7Offices 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 ...
8Inspectors 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 s...
9Military cantonments may be declared sub-districts or districts [Repealed]
10Absence 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 offi...
11Absence 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...
12Absence 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...
13Report 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...
14Establishments of registering officers
...
15Seal 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 dir...
16Register-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 s...
Chapter IIIRegistrable Documents
17Documents 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 ...
18Documents 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 t...
19Documents 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 dist...
20Documents 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 ap...
21Description 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 sufficien...
22Description 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...
Chapter IVThe Time Of Presentation
23Time 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 purp...
23ARe-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 Regi...
24Documents 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 month...
25Provision 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 registr...
26Documents 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 ...
27Wills may be presented or deposited at any time
A will may at any time be presented for registration or deposited in manner hereinafter provided....
Chapter VThe Place Of Registration
28Place 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-secti...
29Place 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 o...
30Registration 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 Registra...
31Registration 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 authorized to accept the same for re...
Chapter VIPresenting Documents For Registration
32Persons 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 option...
33Power-of-attorney recognizable for purposes of section 32
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:-(a) if the principal at the time of executing the powe...
34Enquiry 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...
35Procedure 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 satis...
Chapter VIIEnforcing The Appearance Of Executants And Witnesses
36Procedure 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 p...
37Officer 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 who...
38Persons 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...
39Law 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 c...
Chapter VIIIPresenting Wills And Authorities To Adopt
40Persons 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 registrat...
41Registration 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...
Chapter IXThe Deposit Of Wills
42Deposit of Wills
Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testa...
43Procedure 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...
44Withdrawal 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 authorized agent, to the Registrar who holds it...
45Proceedings 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...
46Saving 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 Administ...
Chapter XThe Effects Of Registration And Non-Registration
47Time 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 ...
48Registered 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 ...
49Effect 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 compr...
50Certain 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 du...
Chapter XIThe Duties And Powers Of Registering Officers
51Register 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 ...
52Duties 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 docu...
53Entries 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 be...
54Current 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 en...
55Indexes 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)...
56Copy of entries in Indexes Nos.I, II and III to be sent by Sub-Registrar to Registrar and filed [Repealed]
[Repealed by the Indian Registration (Amendment) Act, 1929]...
57Registering 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 ope...
58Particulars 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 ...
59Endorsements 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 hi...
60Certificate 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 of...
61Endorsements and certificate to be copied and document returned
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 th...
62Procedure 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 ori...
63Power 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 ma...
64Procedure 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 memorand...
65Procedure 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...
66Procedure 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-Registra...
67Procedure 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...
68Powers 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...
69Power 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 ...
70Power 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 ...
Chapter XIIRefusal To Register
71Reasons 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, sh...
72Appeal 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 docume...
73Application 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,...
74Procedure 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 sha...
75Order 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 regis...
76Order 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 tha...
77Suit 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 repres...
Chapter XIIIThe Fees For Registration, Searches And Copies
78Fees 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 gran...
79Publication 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 ...
80Fees payable on presentation
All fees for the registration of documents under this Act shall be payable on the presentation of such documents....
Chapter XIVPenalties
81Penalty 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...
82Penalty 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 o...
83Registering 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 per...
84Registering 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 shal...
Chapter XVMiscellaneous
85Destruction of unclaimed documents
Documents (other than wills) remaining unclaimed in any registration-office for a period exceeding two years may be destroyed....
86Registering 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....
87Nothing 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...
88Registration 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 T...
89Copies 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 limit...
Exemption From Act
90Exemption of certain documents executed by or in favor 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 d...
91Inspection 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 beh...
92Burmese registration rules confirmed
[Repealed by the Government of India (Adaptation of Indian Laws) Order, 1937]...
93Repeal [Repealed]
ScheduleRepeal of enactments [Repealed]
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 "h...
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