Law 204: Easy way to read Section 17 of the
Registration Act 1908
Registration compulsory (section 17) Not Compulsory (may fall under
optional )
Documents 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
after the date on which, 7[ * * *] this
Act came or comes into force,
namely:-
(a) instruments of gift of immoveable
property;
(aa) declaration of heba under the
Muslim Personal Law (Shariat);]
(aaa) declaration of gift under the
Hindu, Christian and Buddhist Personal
Law;
(b) other- (2) Nothing in clauses (b) and (c) of
non-testamentary instruments sub-section (1) applies to-
which purport or operate (i) any composition deed; or
to create, declare, assign, limit or (ii) any instrument relating to shares
extinguish, in a Joint Stock Company,
whether in present or in future, notwithstanding that the assets of such
any right, title or interest, Company consist in whole or in part of
immoveable property; or
whether vested or contingent
to or in immoveable property;
(iii) any debenture issued by any
Explanation − In the case of an
such Company and Not creating,
assignment of a mortgage the
declaring, assigning, limiting or
consideration for the deed of assignment
extinguishing any right, title or interest,
shall be deemed to be the value for
to or in immoveable property except in
registration.
so far as it entitles the holder to the
security afforded by a registered
(c)
instrument whereby the Company has
Non-testamentary instruments
mortgaged, conveyed or otherwise
(other than the acknowledge-
transferred the whole or part of its
ment of a receipt or payment
immoveable property or any interest
made in respect of any
therein to trustees upon trust for the
transaction to which an
benefit of the holders of such
instrument registered under
debentures; or
clause (o) relates)
which acknowledge the receipt or
payment of any consideration
on account of the creation,
declaration, assignment, (iv) any endorsement upon or
limitation or extinction transfer of any debenture issued by any
of any such right, title or interest; such Company; or
and (v) any document not itself creating,
declaring, assigning, limiting or
extinguishing any right, title or interest
14[ * * *] to or in immoveable property,
but merely creating a right to obtain
(cc) instrument of mortgage referred to another document which will, when
in section 59 of the Transfer of Property executed, create, declare, assign, limit or
Act, 1882;] extinguish any such right, title or
interest; or
(vi) any decree or order of a Court
except a decree or order expressed to be
made on a compromise and comprising
immoveable property other than that
which is the subject-matter of the suit or
proceeding; or
(vii) any grant of immoveable
property by the 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, the
Bangladesh Krishi Bank Order, 1973 or
under any other law for the time being
in force relating to the advancement of
loans for agricultural purposes, or any
instrument under which a loan is granted
by a co-operative society for any such
purpose, or any instrument made for
securing the repayment of a loan so
granted; or
(xi) any endorsement on a mortgage-
deed acknowledging the payment of the
whole or any part of the mortgage-
money, and any other receipt for
payment of money due under a
mortgage; or
(xii) any certificate of sale granted to
the purchaser of any property sold by
public auction by a Civil or Revenue-
officer; or
(xiii)any counter-part of a lease, where
the lease corresponding thereto has itself
been registered.
15[ * * *]
(d) leases of immoveable property- Provided that the Government may, by
from year to year, or order published in the official Gazette,
for any term exceeding one year, exempt from the operation of this sub-
or reserving a yearly rent; section any leases executed in any
district, or part of a district, the terms
granted by which do not exceed 5 years
and the annual rents reserved by which
do not exceed 50 taka.
(e) Documents suggesting-
non-testamentary 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,
to or in immoveable property;
(f) instrument of partition of
immovable property effected by
persons upon inheritance according to
their respective personal laws;
(g) instrument of sale in pursuance
of an order of the Court under section
96 of the State Acquisition and Tenancy
Act, 1950]:
(3) Authorities to adopt a son, executed
after the first day of January 1872, and
not conferred by a will, shall also be
registered.
