Registration Act 1908*

Act No. 16 of 1908 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 registration of documents; it is hereby enacted as follows:-

 

PART I PRELIMINARY

Section 1. 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 districts or tracts of country from its operation.]

(3) It shall come into force on the first day of January, 1909.

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*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; to Maharashtra by Bombay Acts 5 of 1929, 17 of 1930, 18 of 1933, 24 of 1939, 10 of 1939, 10 of 1942 and 6 of 1960, Maharashtra Acts 19 of 1960 and 20 of 1971; to the C.P. Act 1 of 1937 and M.P. Act 8 of 1965; to Madras and Andhra by Madras Acts 3 of 1935 and 17 of 1952; to Orissa by Orissa Act 3 of 1933; to the Punjab by Punjab Act 8 of 1941 and 19 of 1961; to Bihar by Bihar Acts 14 of 1947 and 24 of 1952; to Kerala by Kerala Act 7 of 1968; to Himachal Pradesh by H.P. Act 2 of 1969; to Pondicherry by Pondicherry Act 17 of 1970; to Uttar Pradesh by U.P. Acts 14 of 1971, 48 of 1975 and 57 of 1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu by T.N. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Act 17 of 1978. This Act has been extended to-

Dadra and Nagar Haveli by Reg. 6 of 1963, s.2 and first Schedule, Goa, Daman and Diu by Reg. 11 of 1963, s. 3 and Schedule and the whole of the Union territory of Lakshadweep by Reg. 8 of 1965, s.3 and Schedule. Pondicherry by Act 26 of 1968, s. 3 and Schedule.

** The word "Indian" omitted by Act 45 of 1969, s. 2.

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

 

Section 2 Definitions

 

PART II OF THE REGISTRATION-ESTABLISHMENT

Section 3 Inspector-General of Registration

Section 5 Districts and sub-districts, Section 6 Registrars and Sub-Registrars

Section 7 Offices of Registrar and Sub-Registrar

Section 8, 9, 10, 11 and 12 of Registration Act

Section 13, 14, 15, 16, 16A of Registration Act

 

PART III OR REGISTRABLE DOCUMENTS

Section 17 Documents of which registration is compulsory

Section 18 Documents of which registration is optional

Section 19 Documents in language not understood by registering officer, Section 20 Documents containing interlineations, blanks, erasures or alterations

Section 21 Description of property and maps or plans

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

 

PART IV OF THE TIME OF PRESENTATION

Section 23 Time for presenting documents

Section 23A Re-registration of certain documents, Section 24 Documents executed by several persons at different times

Section 25 Provision where delay in presentation is unavoidable

Section 26 Documents executed out of India, Section 27 Wills may be presented or deposited at any time

 

PART V OF THE PLACE OF REGISTRATION

Section 28 Place for registering documents relating to land

Section 29 Place for registering other documents, Section 30 Registration by Registrars in certain cases

Section 31 Registration or acceptance for deposit at private residence

 

PART IV OF PRESENTING DOCUMENTS FOR REGISTRATION

Section 32 Persons to present documents for registration, Section 32A Compulsory affixing of photograph etc

Section 33 Power of attorney recognisable for purposes of section 32

Section 34 Enquiry before registration by registering officer

Section 35 Procedure on admission and denial of execution respectively

 

PART VII OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

Section 36 Procedure where appearance of executant or witness is desired, Section 37 Officer or Court to issue and cause service of summons

Section 38 Persons exempt from appearance at registration-office, Section 39 Law as to summonses, commissions and witnesses

 

PART VIII OF PRESENTING WILLS AND AUTHORITIES TO ADOPT

Section 40 Persons entitled to present wills and authorities to adopt, Section 41 Registration of wills and authorities to adopt

Section 42 Deposit of wills, Section 43 Procedure on deposit of wills

Section 44 Withdrawal of sealed cover deposited under section 42, Section 45 Proceedings on death of depositor

Section 46 Saving of certain enactments and powers of Courts

 

PART IX OF THE DEPOSIT OF WILLS

Section 47 Time from which registered document operates

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

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

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

 

PART XI OF THE DUTIES AND POWERS OF REGISTERING OFFICERS
(A) As to the Register-books and Indexes

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

Section 52 Duties of registering officers when document presented

Section 53, 54, 55, 56 of Registration Act

 

(B) As to the procedure on admitting to registration

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

Section 58 Particulars to be endorsed on documents admitted to registration

Section 59, 60, 61, 62, 63

 

(C) Special duties of Sub-Registrar

Section 64, 65 of Registration Act

 

(D) Special duties of Registrar

Section 66, 67

 

(E) Of the Controlling powers of Registrar and Inspector-General

Section 68, 69, 70 of Registration Act

 

PART XII OF REFUSAL TO REGISTER

Section 71 Reasons for refusal to register to be recorded

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

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

Section 74 Procedure of Registrar on such application

Section 75 Order by Registrar to register and procedure thereon

Section 76 Order of refusal by Registrar

Section 77 Suit in case of order of refusal by Registrar

 

PART XIII OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES

Section 78 Fees to be fixed by State Government

Section 79 Publication of fees, Section 80 Fees payable on presentation

 

PART XIV OF PENALTIES

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

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

Section 83 Registering officers may commence prosecutions

Section 84 Registering officers to be deemed public servants

 

PART XV MISCELLANEOUS

Section 85 Destruction of unclaimed documents, Section 86 Registering officer not liable for thing bona fide done or refused in his official capacity, Section 87 Nothing so done invalidated by defect in appointment or procedure

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

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

 

Exemption from Act

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

Section 91 Inspection and copies of such documents

92. [Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.

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

THE SCHEDULE. [Repeal of Enactments]. Rep. by s. 2 and the Schedule, ibid.