PAHUJA LAW ACADEMY

INDIAN REGISTRATION ACT 1908

LECTURE-1

INTRODUCTION

The provisions relating to the registration of documents are now scattered about in seven enactments. This will make the law more easily ascertainable. It will further clear the Statute-book of three entire Acts and will enable two more Acts to be entirely removed from it on the coming into force of the Code of Civil Procedure, 1908, and of the Indian Limitation Bill, now before Council. The opportunity has been taken to incorporate alterations of a formal character intended merely to improve and simplify the language of the existing Act. The numbering of the sections of the Act of 1877 has been preserved. It has been found that the mere process of consolidation might result in the law being changed in some respects. To avoid this some few amendments appear to be necessary.

Purpose of the Act

The purpose of the Registration Act, amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and also to prevent fraud. Registration lends inviolability and importance to certain classes of documents.

WHY REGISTRATION IS NECESSARY?

Registration is placing a document in public records for due intimation to world by charging fee. At this junction, it is deal to spell out the difference between Stamp Duty and Registration Fee. Stamp duty is collected for the purpose of recognise right by the State and whereas Registration is fee that is charged by the State to keep document in public records.

LECTURE-2

AUTHORITIES TO REGISTER

 

Who can apply for registration?

According to Section 32 of The Registration Act, 1908, every document (except in cases of Sections 31, 88 and 89 of The Registration Act, 1908) shall be presented for registration or deposited in a proper registration office 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

• The representative or assignee of such a person, or

• The agent of such a person, representative or assign, duly authorized by power-of-attorney executed and authenticated in the manner hereinafter mentioned.

 

Every person presenting a document for registration shall affix his passport size photograph along with fingerprints to the document. In a case where a document is related to transfer of ownership of immovable property, passport size photographs and fingerprints of all the buyers and sellers mentioned in the document shall be affixed (Section 32A of The Registration Act, 1908).

 

In case of a will or authority to adopt, the testator or after his death any executor may or a donor or after his death the donee or adoptive son may present it to the Registrar or Sub-Registrar for registration respectively (Section 40 and Section 41 of The Registration Act, 1908).

 

REGISTRAR KEEPS FOLLOWING BOOKS TO RECORD THESE TRANSACTIONS

1. Book – I : Register of Non-Testamentary documents relating to immovable property.
2. Book – II : Record of reasons for refusing to register.
3. Book – III : Register of wills and authorities to adopt.
4. Book – IV : Miscellaneous register.
5. Book – V : Deposits of Wills.
LACTURE-3 TIME AND PLACE

LECTURE-3

TIME AND PLACE

 

WHEN TO REGISTER DOCUMENTS (TIME LIMIT)?

According to Section 23 of The Registration Act, 1908, all documents except a will have to be presented for registration within 4 months from the date of execution.

 

If a document is executed by several persons at different times then that document has to be presented for registration and re-registration within 4 months from the date of each execution (Section 24 of The Registration Act, 1908).

 

If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months but it is presented after its expiry will be accepted for registration provided that 10 times the amount of registration fees is paid and delay in presentation does not exceed 4 months.

 

Application for such a step has to be made to Sub-Registrar who will forward such application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act, 1908). If a document is executed outside India by any or all of the parties and is presented after expiry 4 months then it will be accepted for registration provided that it was executed and presented for registration within 4 months after its arrival to India (Section 26 of The Registration Act, 1908).

 

WHERE TO REGISTER (PLACE)?

In case of documents regarding immovable property,

it shall be presented for registration in the office of Sub-Registrar within whose district the property or part of it is located (Section 28 of The Registration Act, 1908).

 

In case of all other documents, they shall be presented:-

• In the office of Sub-Registrar in whose sub-district the document was executed.
• In the office of any other Sub-Registrar under State Government where all individuals desire the document to be registered.
• The Officer authorized to register a document may on a special cause being shown also go to the individual’s private residence who desires to present a document for registration or deposit a will (Section 31 of The Registration Act,.
LACTURE-4 COMPULSORY AND OPTIANOL REGISTRATION

LECTURE-4

COMPULSORY AND OPTIANOL REGISTRATION

 

SECTION 17-MANDATORY REGISTRATION:

Section 17 of the Indian Registration Act, 1908 provides for mandatory registration of certain documents. Those are as follows:-

 

Sec. 17 (1) (a) : Gifts

An instrument of gift of immoveable property requires registration, whatever be the value of property (Section 123, TPA also requires so). If donor dies before the registration, the document may be presented for registration after his death; if registered, it will have same effect as registered in his life-time. On registration, the deed of gift operates as from the date of execution.

Once a deed of gift is executed (i.e. instrument handed by donor to donee), the Registration Act allows it to be registered even though donor may not agree to its registration. In such case, the donor can’t revoke gift before registration.

A deed revoking the gift requires registration, if value of gift is more than Rs. 100.A gift of a debt secured by a mortgage of immoveable property requires registration.

GIFT UNDER MUSLIM LAW:

Sec.123 TPA lays down, how a gift may be made and insists that it must be registered instrument by or on behalf of donor and attested by at least two witnesses. But this provision is not applicable upon Mohammedan law.

There are only three conditions for making a gift i.e :-

1. Declaration by donor

2. Acceptance by done

3. Delivery of possession.

Case:- Mahboob Saheb v. Syed Ismail, 1995

Gift under muslim law need not be made in writing and registered. But declaration of gift is necessary. Hence gift can be made orally.

Sec. 17 (1) (b) : Transfers, Declarations and Releases Mortgage

A mortgage (for Rs. 100 or upwards) (other than a mortgage by deposit of title-deeds) requires registration.

Where the transaction constituted a mortgage, the agreement to reconvey (the property on certain terms) require registration (e.g. when A sells property to B by a registered deed and B agrees on the same day by an unregistered deed to retransfer property to A, the latter deed require registration).

Charge

Documents creating a charge on immoveable property require registration because Sec. 17 (1) (b) applies to rights, not only in, but to immoveable property.

Partition and Family arrangement-

Both can be made orally or in writing. If parties only agree to make it in writing, no registration is required. When partition of immovable property is worth more then Rs. 100/- it requires a written instrument and registration.

 

CASE-LAW- Family Arrangement

Amteshwar Anand v. Virender Mohan Singh, (2006) 1 SCC 148

The Supreme Court in the case has enumerated the essentials of a family settlement and states that registration would be necessary only if the terms of the family arrangement are reduced to writing.

Sita Ram Bhama v. Ramvatar Bhama, March 23, 2018

 

Brief Facts—In the case, Plaintiff and respondent were real brothers. Their father had decided to divide his self-acquired movable and immovable properties between Plaintiff and Defendant, however he did not execute any settlement deed and died in 1993. Later, the plaintiff and defendant recorded a memorandum of settlement as decided by their father. The settlement was signed by the mother as well as two sisters of the parties.

 

Later on account of dispute of property between the parties, the Plaintiff filed the said memorandum of family settlement in Court. However, the Respondent opposed the same contending that as the impugned document was not registered and not properly stamped, the same was not admissible in evidence

 

Partnership—The interest of a partner in partnership assets, moveable and immoveable, is not interest in immovable property. The share of a partner in partnership business is moveable property and the transfer of the same doesn’t require registration.

A document recording the previous fact of the dissolution of partnership and relinquishment of the interest of a partner in partnership assets by way of adjustment doesn’t require registration.

Release—The interest of a partner in partnership assets, moveable and immoveable, is not interest in immovable property. The share of a partner in partnership business is moveable property and the transfer of the same doesn’t require registration.

 

Sec. 17(1)(c) : Receipt of Consideration

This clause requires an acknowledgment in the form of a receipt to be registered, but not an acknowledgment of the fact that a transaction has taken place as distinguished from instrument of transaction.

A simple receipt – ‘Received from B the sum of Rs. 200’ will not require registration, but the following receipt require registration — ‘Received from B the sum of Rs. 200 being the price of my land which I have sold to him and in which I have no further interest.’

 

Sec. 17 (1)(d) : Lease

A lease for one year or more than one year would require registration. A lease for 11 months will not require registration. A lease reserving a yearly rent require registration.

Where no term is expressed, lease is for an indefinite period and it does not require registration.

 

Sec. 17 (2): No registration required

(i) “Composition-Deed” –

It is any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby the payment of a composition or dividend on their debts is secured to his creditors.It is not necessary that the creditors should’ve agreed to accept less than the amount due to them. An agreement which expressly contemplate payment in full to the creditors is not a composition-deed.

COMPROMISE DECREE NEED FOR REGISTER.

The decree though passed on compromise , formed part of the decree and order of the court proceedings. Consequently they are not required to be compulsory registered.

(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 in so far 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

(v)- “Documents merely creating a right to obtain another document – Such documents need not be registered.

(vi)- A “consent or compromise decree” doesn’t require registration if it doesn’t comprise immoveable property other than that which is the subject-matter of suit. Thus, a consent decree which operates as a release of immoveable property in suit doesn’t require registration.

(vii) any grant of immovable property by 30 [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

(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.

(xi) – “Receipts for mortgage claim” – An endorsement/receipt for the payment of money due under a mortgage didn’t carry with it any limitation or extinction of mortgagee’s interest in property. Such a receipt only modified the account between the mortgagor and mortgagee and it didn’t therefore require registration. However, where such receipt purport on the face of it to limit or extinguish any such interest, then registration required.

Sec.17 (3) : Authority to Adopt (Registration required)

Section 17 (3) refer to authority given by a husband to adopt. Where widow adopts with the consent of sapindas, clause (3) do not apply.A Will containing an authority to adopt doesn’t require registration.

A deed of adoption, as distinguished from an authority to adopt, doesn’t require registration. This is because it is not the deed, but the adoption itself, that creates the status of adopted son and confers an interest in property of adoptive father. But, if the adoption-deed declares or reserves an interest for a third person in the property exceeding Rs. 100, then registration required.

Correction of birth certificate requires registration under the Registration of Birth and Death Act, 1969.

Section 17 & Section 53-A of Transfer of Property Act 1882

The combined effect of section 53-A of the Transfer of Property Act 1908 and section 17 of the Indian Registration Act is that an incomplete deed of transfer, though not registered or even attested, is regarded, as a contract in writing but such a deed must have been signed by the transferor or his agent.

An unregistered document affecting immoveable property, required by the Transfer of Property Act 1882 or the Registration Act 1908 to be registered, may be received in evidence of a contract in the suit for the specific performance or as evidence of part-performance of a contract for the purpose of section 53-A or as evidence of any collateral transaction not required by a registered instrument. Where the parties execute an unregistered sale deed without prior permission of the competent authority, the transaction will be void and this section will not be applicable.

In Haji Mokshed Mondal Vs. Del Rouson Bibi.(AIR 1971 Cal. 162), it was held that section 53-A of the Transfer of Property Act 1882 precludes from enforcing any rights in respect of the disputed property inconsistent with or not mentioned in the said contract and therefore, the suit was dismissed.

 

Section 17 and Section 54 of Transfer of Property Act 1882

The combined effect of section 54 of the Transfer of Property Act 1882 and section 17 of the Registration Act 1908 is that, a contract of sale in respect of immoveable property of the value of more than one hundred rupees without registration cannot extinguish the equity of redemption. In India, it is only on execution of the conveyance and registration of transfer of the mortgager’s interest by registered instrument that the mortgagor’s right of redemption will be extinguished. The conferment of power to sell without intervention of the court in a mortgage deed by itself will not deprive the mortgagor of his right to redemption. The extinction of the right to redemption has to be subsequent to the deed conferring such power. The right of redemption is not extinguished at the expiry of the period. The equity of redemption is not extinguished by mere contract of sale.

The mortgagor’s right to redeem will survive until there has been completion of sale by the mortgagee by a registered deed. It must also be noted that section 17 of the Indian Registration Act 1908 or the second para of the Transfer of Property Act 1882, will have no application to the agreement to recover property, being non-creation of any interest in the immoveable property.

In Narandas Karsondas vs. S.A. Kantam (AIR 1977 SC 774), it was held that the mortgagor has a right to redeem unless the sale of the property was complete by registration in accordance with the provisions of the Registration Act 1908, and therefore, the appeal was dismissed.

 

SECTION 18 — OPTIONAL REGISTRATION:

Section 18 provides for optional registration of some documents such as:-

(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 then one hundred rupees, to or in immovable property.

IS THE REGISTRATION OF WILL OPTIONAL?

As provided in Section 18 of the Registration Act, 1908 registration of will is optional. As provided in Section 40 of the Registration Act, 1908 testator or after his death any person claiming as executor or otherwise under will, may present it to any Registrar and Sub-Registrar for registration. Any testator may either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover with the name of the testator and that of the agent, if any, and with a statement of the nature of the document.

On receiving such documents, the Registrar on being satisfied shall transcribe in his Registrar Book No. 5 and shall note the date, time, month etc. of such receipt and shall then place and retain the sealed cover in his fire-proof box. However, the testator may withdraw it by applying for the same and the Registrar shall deliver it accordingly.

(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;

(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

LACTURE-5 EFFECT OF REGISTRATION

LECTURE-5

EFFECT OF REGISTRATION

 

EFFECTS OF REGISTRATION AND NON-REGISTRATION

A registered document operates 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. All non testamentary documents duly registered under the Act, and relating to any property movable or immovable, shall take effect against oral agreement unless the agreement has been followed by delivery of possession. No document whose registration is compulsory shall affect any immovable property, or confer any power to adopt, or received as evidence of any transaction affecting such property or conferring such power unless it has been registered. However an unregistered document affecting immovable property may be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument.

Can an unregistered agreement for sale be enforced?

The said unregistered agreement of sale will not affect transfer of any immovable property and on that ground alone the plaint is liable to be rejected. … Under law, there is no bar to file suit for Specific Performance of a contract based on unregistered document.

REFUSAL TO REGISTER

If in case a Sub Registrar refuses to register a document, except on the ground that the property to which it relates is not situated within his Sub-District he shall make an order of refusal and record his reasons for such order. If a sub-registrar refuses to register a document then the party can make an appeal to the registrar to which the Sub-Registrar is subordinate against the order of refusal to register, within the period of 30 days and the registrar may alter or reverse such order. Where the Registrar refuses to order the document to be registered, any person claiming under such document may file an appeal in the Civil Court against such refusal.

REGISTRATION OF DOCUMENTS RELATES BACK TO THE DATE OF THEIR EXECUTION.

Section 47 of the Registration Act, 1908 provides that a registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. This means registration of a document relates back to the date of its execution.

The Supreme Court laid down that as between two registered documents, the date of execution determines the priority. Of the two registered documents, executed by same persons in respect of the same property to two different persons at two different times, the one which is executed first gets priority over the other, although the former deed is registered subsequently to the later one.

LACTURE-6 FEES AND PENALTIES

LECTURE-6

FEES AND PENALTIES

 

Fees and Fines for registration.

It is for the Registering Officer who is responsible for levying the fee, to determine in the first instance what fee should be paid. After it has been paid, the presenting party may, if he is dissatisfied, refer the question to the Registrar who shall, if he thinks there has been an overcharge, order the Sub-Registrar to refund any excess. If the decision is adverse to the party, he may make a further reference to the inspector General of Registration. Such application shall be made within 90 days after payment of fees.

 

Section 193 -A Registering Officer may, before the order of registration is passed, at the request in writing of the party presenting the document for registration, allows him to withdraw the same. One-half of the registration fee and all the copying fees in respect of a document presented for registration which is subsequently withdrawn before the order of registration has been passed and in respect of a document of which registration is finally refused shall be refunded.

 

Section194. Refund of amounts as per Rule 193 may be allowed by the Registrars if the cases do not exceed 3 years and by the inspector General if they do not exceed 5 years from the date of collection. Every application for the remission or refund of a fine or a fee shall be lodged in the first instance with the Registering Officer, who levied it, for submission to the sanctioning authority through the proper channel. Every Registering Officer shall maintain a register in Form No. 28 of Schedule A relating to refunds of fees surcharged.

 

Section 196. Whether a document is admitted to registration or not, all fees and fines shall be at once brought to account. At stations where there is a treasury and the treasury is open, the collection shall be remitted daily to the treasury.

 

PENALTIES

Every registering officer and every person employed in his office if guilty of incorrectly endorsing, copying and translating registering document with the intention to injure shall be punishable with imprisonment which may extend to 7 years or with fine or both.

 

Whoever makes a false statements, OR intentionally delivers a false copy or translation of a document, or a false copy of a map or plan or falsely personating another presents any document, or makes any admission or statement, or causes any summons to be issued ; or abets anything made punishable by this Act, shall be punished with imprisonment which may extend to 7 years or with both.

INDIAN REGISTRATION ACT 1908

MAINS QUESTION

 

1. Explain the statement that, “ if a document is registered it would protect the parties from fraud”.

 

2. Ramsankar is empower to give five shopes situated in Lajpat Nager market on lease for fifteen months. He gives all shops on rent to Mr. Anil Kumar. He made a lease deed containing a rent note also. But it was a unilateral Document Which was signed by lasser only. It might not considered a Lease under Transfer of Property Act. Discuss whether it can be a lease Under Indian Registration Act,1908 or not and whether it require registration under Sec. 17 of IRA,1908?

 

3. What is the effect of non registration of documents? Can an unregistered document be used in evidence for any purpose?

 

4. What is the need of registration of document? What will be the effect of non registration of firm?

 

5. ‘A’ is a Mohammadan who made a gift of immovable property below the value of 100 Rs., In favour of his friend’s son. Under Muslim law gift can be made orally also. Explain with reference to case laws whether such gift requires registration or not?

 

6. Can an unregistered firm file a suit? Whether after filing suit, registration can cure the defect?

 

7. Discuss whether a Decree, Order, Award made by courts or tribunals requires registration or not?

 

8. Aakash took loan from Kamla. He transferred his shares and debentures in favour of Kamla to pay his debt. Write a short note whether registration of transfer of shares and debentures will be optional or compulsory?

 

9. There was a dispute between ‘A’ and ‘B’ regarding a farm house. ‘A’ filled a Civil Suit for ownership and possession. During the pendency of suit they made a compromise to settle the matter outside court. Both decided to take half- half portion of the farm house without any interruption of each other. Does the compromise deed requires registration?

 

10. Whether registration of adoption deed is mandatory or discretionary?

 

11. Write a note on registration of firms and on what grounds registrar can refuse to register?

 

12. ‘A’ sells immovable property to ‘B’ vide an unregistered deed. Subsequently he sells the same property to ‘c’ vide registered deed. Which transaction is valid, discuss with giving reasons.

 

13. Write short notes on the followings:-

a. What is the object and policy of Indian Registration Act?

b. What is the difference between Family settlement and Partition deed.

c. Whether registrar has right to refuse registration or not?

 

14. What will be the effect of none registration of documents?

Explain with legal provisions and relevant case laws.

 

15. At what place can a document be registered?

 

 

INDIAN REGISTRATION ACT 1908

MULTIPLE CHOICE QUESTIONS

 

1. Indian Registration Act is supplement to which act?

a) Transfer of Property Act

b) Indian Stump Act

c) Both a & b

d) Either a or b

 

2. Indian Registration Act talks about

a) Consolidation

b) Amendment

c) Define

d) All the above

 

3. The Registrar and Sub-registrar shall use the in the language of

a) English

b) Language as state govt. provide

c) Both of above

d) Either of above

 

4. Does authorities to adopt a child requires registration?

a) Yes

b) No

c) Depends on facts of each case

d) None of above

 

5. Which section of Indian registration act requires optional registration?

a) Section 17

b) Section 18

c) Section 19

d) Section 20

 

6. Which types of documents relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

a) Testamentary document

b) Non Testamentary document

c) Both of above

d) None of the above

 

7. Where there are several person executing a document at different times, such document may be presented for registration and re- registration within the period of

a) 2 months

b) 3 months

c) 4 months

d) 6 months

 

8. A will may be presented for registration with in

a) Four months

b) Six months

c) At any time

d) None of the above.

 

9. Earlier time land records was not made properly. Firstly land reforms made by

a) Raja Ram Mohan Rai

b) Akbar’s administration of land reforms

c) Sher Saha Suri’s land reforms

d) None of the above

 

10. Which section prescribed time for registration of document?

a) 21

b) 22

c) 23

d) 24

 

11. Which of the following documents are not essential to register?

a) Gift of Movable Property value exceeding 100 Rs.

b) Non Testamentary document

c) Government grants

d) Lease exceeding one year

 

12. Whether Registration act is applicable upon

a) Documents only

b) Transaction only

c) Both of the above

d) None of the above

 

13. Which Part of Indian registration act talks about place of registration?

a) Part one

b) Part two

c) Part four

d) Part five

 

14. Registration of a document presented after the prescribed period is

a) Valid

b) Void

c) Invalid

d) Voidable

 

15. What is the remedy available when registrar refuse to register a document u/sec. 72, or a decree u/sec.76?

a) File a suit

b) Appeal to registrar general

c) Appeal to government

d) None of the above

 

16. Whether Indian Registration Act can be read in isolated foam?

a) Yes

b) No

c) Depends on facts of each case

d) None of above

 

17. Whether an unregistered document can be use as an evidence?

a) Yes

b) No

c) Depends on facts of each case

d) None of above

 

18. Which of the following shall be endorsed on every document at the time of presenting it?

a) Day, hour and place of registration

b) Photographs and finger prints

c) Signature of every person presenting document

d) all the above.

 

19. Effect of non registration of firm is provided under section

a) 49 IRA,1908

b) 69 Indian Partnership act

c) Both of above

d) None of the above

 

20. Regitered document operates from the date of?

a) Date of execution

b) Date of Registration

c) Both of above

d) None of the above

 

21. Which section provides appeal to registrar from an order by sub registrar

a) 71

b) 72

c) 73

d) 74

 

22. Which of the following is an immovable property?

a) To take manganese ore from the soil

b) To take out soil

c) To extract granite from mines

d) All the above

 

23. Who among the following is entitle commence prosecution proceedings of offences committed under Indian registration act?

a) Registering office

b) District collector

c) Registrar general

d) None of the above

 

24. Registration of will is

a) Compulsory

b) Not compulsory

c) Optional

d) None of the above

 

25. Which section defines the term “ representative”

a) 2(6)

b) 2(7)

c) 2(8)

d) 2(10)

 

26. The Registration Act came in to force on-

a) 1 January, 1882

b) 1 January, 1900

c) 1 January, 1909

d) 1 January, 1929

 

27. The Registration Act, 1908, was enacted with the intention of providing …………. In regard to transactions relating to immovable property.

a) Orderliness

b) Discipline

c) Public Notice

d) All of the above

 

28. The Registration Act, 1908 was enacted with the intention of providing protection from ……….. of documents of transfer.

a) Fraud

b) Forgery

c) Both (a) and (b)

d) None of the above

 

29. Which of the following terms is not defined under section 2 of the Registration Act, 1908?

a) Registration

b) Addition

c) Endorsement

d) Lease

 

30. Inspector of Registration Offices appointed under section 8 of the Registration Act, 1908 shall be subordinate to …………….?

a) 21

b) 22

c) 23

d) 24

 

30. Inspector of Registration Offices appointed under section 8 of the Registration Act, 1908 shall be subordinate to …………….?

a) Registrar

b) Sub- registrar

c) Registrar General

d) None of the above

 

31. Which of the following sections of the Registration Act, 1908 deals with establishment of Registering Offices?

a) Section 14

b) Section 15

c) Section 16

d) Section 20

 

32. The Registrars and Sub- Registrars shall use a seal in ……………….

a) English

b) In the language as the State Government directs

c) Both (a) and (b)

d) Neither (a) nor (b)

 

33. Can the registration register and other documents be kept in digital formats?

a) Yes

b) No

c) Depends

d) None of the above

 

34. Which of the following documents shall be registered?

a) Instruments of gift of immovable property

b) 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.

d) All of the above.

 

35. Does an instrument of partition of immovable property require registration?

a) Yes

b) No

c) Yes, if the value of the interest so declared is Rs.100 or upwards.

d) None of the above.

 

36. Which of the following sections of the Registration Act, 1980, describes the category of documents of which registration is optional?

a) Section 17

b) Section 18

c) Section 19

d) Section 20

 

37. 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 ……………

a) Map

b) Plan

c) Both (a) and (b)

d) None of the above

 

38. Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within the period of ……………… months from the date of each execution.

a) 2 months

b) 3 months

c) 4 months

d) 6 months

 

39. A will may be presented for registration or deposited-

a) At any time

b) Within four months it is made

c) Within six months it is made

d) None of the above.

 

40. Which of the following persons are exempted from appearance at registration- office?-

a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office.

b) A person in jail under civil or criminal process

c) Person exempt by law from personal appearance in court

d) All of the above.

 

41. Which of the following persons can present the authorities for adoption to Registrar or Sub- Registrar for registration?

a) The donor

b) The done, after the death of donor

c) The adoptive son

d) Any of the above

 

42. Under the Registration Act, 1908 a registered document operates from the ……….

a) Date of its execution

b) Date of its registration

c) Either (a) or (b)

d) None of the above

 

43. Unless it is registered, no document required to be registered shall ……………….

a) Affect any immovable property comprised therein

b) Confer any power to adopt

c) Be received as evidence of any transaction affecting such property or conferring such power

d) All of the above

 

44. An unregistered document affecting immovable property and required by Registration Act, 1908 or the Transfer of Property Act, 1882 to be registered may be received as evidence …………

a) Of a contract in a suit for specific performance under Chapter II of the Specific Relief Act.

b) Of any collateral transaction not required to be effected by registered instrument.

c) Either (a) and (b)

d) None of the above

 

45. Under section 51 of the Registration Act, 1908 which of the following books is the book for ‘Register of deposit of wills’?

a) Book 1

b) Book 2

c) Book 3

d) Book 5

 

46. Which of the following shall be endorsed on every document at the time of presenting it?

a) Day, hour and place of presentation.

b) The photographs and finger prints affixed

c) The signature of every person presenting a document for registration.

d) All of the above

 

47. Which of the following sections of Registration Act, 1908 provides appeal to Registrar from orders of Sub- Registrar refusing registration on ground other than denial of execution?

a) Section 72

b) Section 73

c) Section 74

d) Section 75

 

48. The Appeal to Registrar from orders of Sub- Registrar refusing registration on ground other than denial or execution shall be filed within the period of …………….. from the date of order.

a) 15 days

b) 30 days

c) 45 days

d) 60 days

 

49. Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the …………….

a) Registering Officer

b) District Collector

c) Registrar General

d) None of the above

 

50. Who among the following is entitled to commence prosecution proceeding of the offences committed under Registration Act?

a) Registering Officer

b) District Collector

c) Registrar General

d) None of the above

 

1. What are the effect of registration and non registration?

 

SECTION 17

( What are those Documents of which Registration is compulsory?)

Sec. 17 (1) (a): Gifts

An instrument of gift of immoveable property requires registration, whatever be the value of property (Section 123, TPA also requires so).

If donor dies before the registration, the document may be presented for registration after his death; if registered, it will ’ve same effect as registered in his life time. On registration, the deed of gift operates as from the date of execution. (Venkati Rama v Pillai Rama (19126) 40 Mad. 204).

Once a deed of gift is executed (i.e. instrument handed by donor to done), the Registration Act allows it to be registered even though donor may not agree to its registration. In such case the donor can’t revoke gift before registration.

Note: A deed revoking the gift requires registration, if value of gift is more than Rs.100.

A gift of a debt secured by a mortgage of immoveable property requires  registration.

A document which is not actually a gift but an expression of an intention to give away the property can be used as an evidence towards “PasupuKumkuma”( Pasupu Kukuma’ as defined in P. Ramanatha Iyer’s Law Lexicon means a gift, a settlement or assignment of land to a daughter.) Inevitably therefore, such a gift of immovable property, the consideration whereof would be love and affection could come within the meaning of Section 123 thereof. and it do not require registration.

What is the significance of Sec 17(1)(b)?

Sec. 17 (1) (b): Transfer, Declarations and Releases

Mortgage:– A mortgage (for Rs.100 or upwards) (other than a mortgage by deposit of title deeds) requires registration.

Where the transaction constituted a mortgage, the agreement to recovery (the property on certain terms) requires registration (e.g. when A sells property to B by a registered deed and B agrees on the same day by an unregistered deed to retransfer property to A, the latter deeds require registration).

Charges:– Documents creating a charge on immoveable property require registration because Sec. 17 (1) (b) applies to rights, not only in, but to immoveable property.

Partition: – Partition Vs Family Arrangement or Compromise

While a partition-deed requires registration, a family arrangement not.

 True test to determine whether an instrument is a partition deed or family arrangement is to see whether the instrument speaks for the present (in praesenti) and not a recital of some past agreement, and whether by itself it creates the title claimed [or effects the division) or itself embody the expression of will necessary to effect the change in legal relations [Roshan Singh v Zile Singh; Ghulam Ahmad v Ghulam Qadir].

True principle is that if the arrangement of compromise is one under which a person having an absolute title to the property transfers his title in some of items to others, the formalities prescribed by law has to be complied with, since the transferees derive their respective title through transferor. If on the other hand the parties set up competing titles and differences resolved by an adjustment of the rights of parties, there is no question of one deriving title from the other as no interest in property is created/declared by document for the first time (the compromise or settlement or arrangement was on the footing that parties had antecedent title to properties and the settlement merely acknowledged and defined title of each of the parties) (SahuMadho Das v Mukand Ram, AIR 1955 SC 481;Roshan Singhv Zile Singh).

A mere agreement to divide doesn’t require registration. But if the writing itself effects a division, it must be registered (RajangamAyyar v R. Ayyar, AIR 1922 PC 226; NaniBai v Gita Bai, AIR 1958 SC 706). Further, it doesn’t matter that a partition-deed is called a compromise-deed, if the latter changes the legal relations between the parties.

Illustrations

• A and B in 1870 divide certain joint properties between themselves. In 1877, B passes a writing to A : “You are building new houses on property belonging to your share. In the same I have no interest.”

Here, no registration required as there is no declaration of right in property, but a mere statement of fact admitting a former partition between the parties.

• A document recites a division of lands and ends with the words, “both of us are to act as stated above”. It is a partition instrument/and require registration, the concluding words do not make document a mere record of a past transaction.
• An instrument of re-union of partition, if reduced to writing, requires registration.
• Three Hindu brothers forming a joint family own several immoveable properties. In 1867, a partition-deed is executed… whereby after reciting that some years previously to its date a division of properties exceptcertain houses had been effected, the parties divide the houses among themselves. The deed requires registration as to the houses but not as to the properties already divided among the parties.

Roshan Singh v Zile Singh (AIR 1988 SC 881)- In this casethe question was whether the document was an instrumentof partition or was merely a memorandum of familyarrangement arrived at by the parties with a view toequalisation of their shares. The document reads: “Todayafter discussion it had been mutually agreed and decidedthat residential house and the area towards its west come tothe share of ChaudharyPooran Singh. House baithak hascome to the share of ChaudharySoonda. The field area willbe half-half of each of co-sharers”.

Held that it was only a memorandum recording thedecision arrived at between the parties as to the manner inwhich partition was to be effected. The opening words of thedocument, “Today after discussion it had been mutually agreed and decided that . . . (what follows is a list of properties allotted to the parties) makes it clear that the document contains the recital of past events and doesn’t itself embody the expression of will necessary to effect the change in the legal relation contemplated. The true and intrinsic character of the memorandum (document) was to record the settlement of family arrangement.

The court observed that Sec. 17 [1)(b) lays down that a document for which registration is compulsory should, by its own force, operate or purport to operate to create or declare some right in immoveable property. A mere recital of what has already taken place can’t be held to declare any right. The essence of the matter is whether the deed is a part of the partition transaction or contains merely an accidentalrecital of a previously completed transaction.

Ghulam Ahmad v Ghulam Qadir (AIR 1968 J&K 35)-In this case, the question was whether the document is a partition deed or a family arrangement. The document reads: “With respect to the dispute of immoveable property the parties have agreed that agricultural land which stands in the name of Hazi Sahib deceased is divisible in equal shares between the parties and should be entered as such, because the said land has been purchased when the parties lived joint. The property to be entered in equal shares in the name of parties in the revenue records.”

The court observed that the document says that some immoveable property stand in the name of Hazi Sahib, who may perhaps be the ancestor of parties. There is a stipulation that land is divisible between parties in equal shares. There is an admission that it has been purchased when the family was joint. There is a further stipulation that it will be gotentered in equal shares in the name of parties in revenue records.

The court held that this document satisfies most of there quirements of Sec. 17(1)(b]. It is a document which create srights in the property vis-a-vis the parties. Further, it declares their rights, it limits the rights of one party, at the same time extinguishes them as well as creates the rights in favour of either one or both the parties.

It was argued that this document is a memorandum(recites the decision arrived at by the parties on 6th Kartik2007 on which date another document had been executed) and it is a compromise and as such not registrable. The courtrejecting the argument, observed that a non-testamentary document which varies the right/interest made by an earlier instrument has as much the effect of creating some new right or extinguishing old one as an absolutely fresh document could do. Further, it doesn’t matter that a partition-deed is called a compromise-deed, because if the latter changes the legal relations between the parties, it is within the mischief of Sec. 17 (1)(b).

 

 

Partnership:– The interest of a partner in partnership assets, moveable and immoveable property. The share of a partner in partnership business in moveable property and the transfer of the same doesn’t require registration.

A document recording the previous fact of the dissolution of partnership and relinquishment of the interest of a partner in partnership assets by way of adjustment doesn’t require registration.

Release:– A release which may be in the form of a deed or a letter or a receipt, if of value of Rs.100 or upwards, requires registration.

An agreement by a member of joint Hindu family not to exercise his right of partition doesn’t require registration.

A surrender deed executed by a tenant in favour of a landlord in respect of tenancy, require registration.

A recognition of title or share do not create, limit, etc.any right or interest, so no registration is required.

Miscellaneous transactions – A deed purporting to relinquish or assign the chance of a Hindu reversioner or a Mohammedan heir, succeeding to an estate doesn’t require registration. The heir or reversioner has only a spessuccessionis or chance of succession and has no right/interest in property, vested or contingent.

The right of a Hindu widow to maintenance doesn’t require registration, as it doesn’t constitute a charge upon the immoveable property of joint family. But a right of maintenance if charged upon immoveable property is an interest in property and therefore a deed conferring on a Hindu wife a right of maintenance out of rents of a house require to be registered.

Power of Attorney– A general power of attorney is not compulsorily registrable. A power of attorney which authorizes donee to recover the rents of property belonging to donor for donee’s own benefit is an assignment and require registration.

Sec. 17(1) (c): Receipt of Consideration

This clause requires an acknowledgment in the form of a receipt to be registered, but not an acknowledgment of the fact that a transaction has taken place as distinguished from instrument of transaction.

A simple receipt — ‘Received from B the sum of Rs.200’ will not require registration, but the following receipt require registration – ‘Received from B the sum of Rs.200 being the price of my land which I have sold to him and in which I have no further interest.’

A receipt by a mortgagee to mortgagor… that mortgaged money paid and the mortgage has been redeemed require registration.

Sec. 17 (1)(d): Lease

A lease for one year or more than one year would require registration. A lease for 11 months will not require registration. A lease reserving a yearly rent require registration.

Sec. 17 (2): No registration required

Clause (i)– “Composition-Deed“- It is any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors, or whereby the payment of acomposition or dividend on their debts is secured to hiscreditors.

It is not necessary that the creditors should’ve agreed to accept less than the amount due to them. An agreement which expressly contemplate payment in full to the creditorsis not a composition-deed.

Clause (v)- “Documents merely creating a right to obtain another document – Such documents need not be registered.

Recital of payment of earnest money – An “agreement for sale” in the usual form acknowledging receipt of earne stand providing for the execution of a regular sale-deed on payment of the balance of purchase-money, do not require registration.

An agreement by a debtor to execute a mortgage of his immoveable property to his creditors doesn’t itself create an interest in immoveable property, but merely creates a rightto obtain a deed of mortgage from the debtor. Similarly, the agreement to lease.

A document containing a promise to transfer a portion of property under litigation, if decreed in favour of executant, do not require registration.

Clause (vi) – A “consent or compromise decree” doesn’trequire registration if it doesn’t comprise immoveable property other than that which is the subject-matter of suit. Thus, a consent decree which operates as a release of immoveable property in suit doesn’t require registration.

The documents which form part of ‘judicial proceedings’ do not require registration.

Clause (xi)–“Receipts for mortgage claim”– Anendorsement/receipt for the payment of money due under a mortgage didn’t carry with it any limitation or extinction of mortgagee’s interest in property. Such a receipt only modified the account between the mortgagor and mortgagee and it didn‘t therefore require registration. However, where such receipt purport on the face of it to limit or extinguishany such interest, then registration required.

Examples – (a) A receipt – “Paid on the 21st December 1981, Rs.3000”. (No registration required).

(b) A receipt –“…… Nothing remains due under mortgage”. [No registration required).

(c) A receipt –“I have received Rs.500 in full satisfaction of mortgage-debt and I will return

the title-deeds to you”.(Registration required).

Sec.17 (3): Authority to Adopt [Registration required)

Section 17 (3) refer to authority given by a husband to adopt. Where widow adopts with the consent of sapindas,clause (3) do not apply.

A Will containing an authority to adopt doesn’t require registration.

A deed of adoption, as distinguished from an authority to adopt, doesn’t require registration. This is because it is not the deed, but the adoption itself, that creates the status of adopted son and confers an interest in property of adoptive father. But, if the adoption-deed declares or reserves an interest for a third person in the property exceeding Rs.100,then registration required.

 

SECTION 18

(Optional Registration)

An optional registration means that an instrument may be registered, if so desired by the executor. If not registered, it doesn‘t become invalid. And a registered document can’t take effect against an optionally registrable document on the ground of its non-registration.

Lease – It is compulsory registrable under the Transfer of Property Act, even though exempted under proviso to sec. 17(1). Section 18 (c) can, therefore, only refer to agricultural leases which are not governed by T.P.A.

Will – As it is optionally registrable, no adverse inference can be drawn from the fact of its non-registration, but if it is registered by testator himself, it will raise a strong presumption of its genuineness.

Adoption-Deed– A deed of adoption reciting the factum of adoption and stating that the adoptee had acquired certain rights in immoveable property may be registered, thus not compulsorily registrable.

 

SECTION 49

(Effect of Non-Registration)

Section 17 provides for the compulsory registration of certain documents. That section is made effective by the section 49. No document required by section 17 or by any provision of the T.P.A. to be registered shall –

1. affect any immoveable property comprised therein, or
2. confer any power to adopt, or
3. be received as evidence of any transaction affecting such property or conferring such power.

However, proviso to Section 49 provides that an unregistered document may be received as evidence of any collateral transaction not required to be effected by registered document (even if that transaction does indirectly affect the immoveable property).

A Collateral purpose refers to any purpose other than that of creating, declaring, assigning, limiting or extinguishing a right to immoveable property. An unregistered document may be required in evidence to prove the factum of transaction, but not of its contents (e.g. to prove that done of a gift held in her own right, and not to prove gift, [VardaPillai v Jeevarathnammual]. Thus, if a mortgage-deed is not registered, the mortgagor cannot use it for proving his right of redemption for that is not a   collateral purpose [Hansia vBakhtawarmal).

An antecedent title, the nature and character of possession, an admission of an acknowledgement, relationship of the parties and their state of mind [original intention]are some of the “collateral purposes”.

An unregistered document can be looked into for the limited purpose of establishing a severance in status (of joint family members). The document could always be looked in to for the collateral purpose of proving the nature and character of possession of each item of property allotted to the members. The document can be used for the collateral purpose of showing that the subsequent division of properties allotted was in pursuance of the original intention to divide (i.e. to prove the fact of partition, and not to prove the partition itself) (Roshan Singh v Zile Singh, AIR 1988 SC 881].

 

INDIAN REGISTRATION ACT, 1908

PRE. QUESTIONS

 

1. Does an instrument of partition of immovable property require registration?

(a) Yes

(b) Ne

(c) Yes, If the value of the interest so declared is Rs  100 or upwards

(d) None of the above

 

2. Which of the following documents are exempted from registration?

(i) Any composition deed

(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

(iii) Any certificate of sale granted to the purchaser of any  property sold by public auction by a Civil or Revenue                  Officer

(iv) Any instrument of partition made by a Revenue-Officer

(a) (i) only

(b) (i) and (ii)

(c) (i); (ii) and (iii)

(d) (i); (ii); (iii) and (iv)

 

3. Grant of immovable property by government need not be registered. The statement is

(a) True

(b) False

(c) Partly correct

(d) None of the above

 

4. Does authorities to adopt a son, not conferred by a will, required be registered?

(a) Yes

(b) No

(c) Depends

(d) None of the above

 

 

 

5. Which of the following sections of the Registration Act, 1980, describes the category of documents of which registration is optional?

(a) Section 17

(b) Section 18

(c) Section l9

(d) Section 20

 

6. Which of the following categories of documents are those in which registration is optional?

(i) Instruments (other than instruments of girl 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             more then one hundred rupees, to or in immovable property

(ii) 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

(iii) Leases of immovable property for any term not exceeding one year

(iv) Wills

(a) (i) only

(b) (i) and (ii)

(c) (ii) (iii) and (iv)

(d) (i) (ii) (iii) and (iv)