he Registration Act, 1908
Overview
The Registration Act, 1908 was set up with the purpose of ensuring registration
of documents and that all the important information related to deal regarding
land or other immovable property. Having a document registered can add more
authenticity to that of the document.
Objectives of the Registration Act, 1908
1. Registration of a document ensures proper preservation and record of
such document.
2. Documents which are required to be registered act as valid evidence in
a court of law.
3. Registered documents assist in the prevention of fraud.
4. Registration Act gives people information regarding legal rights and
obligations arising or affecting a particular property.
Documents which are compulsorily registrable
There are certain documents which are compulsorily registrable. Section 17 of
The Registration Act, 1908 lays down all the documents which are compulsorily
required to be registered and those documents are:
1. Instruments of the gift of immovable property.
2. Leases of immovable property from year to year or any time frame
exceeding one year.
3. Non-testamentary instruments which acknowledge the payment of any
consideration.
4. Testamentary instruments which are transferring or assigning any
decree or order of the court.
Documents in which registration is optional
All the documents that are not included in Section 17 of The Registration Act,
1908 have the option of the optional registration some examples would will or
instruments related to movable properties.
Effect of registration
Section 47 and 48 of the Registration Act, 1908 notifies the effects of
registration of a document. So the effect of registration are:
Section 47 of the Act states that a registered document shall operate
from the time it would have normally operated if there was no
provision or procedure of registration.
Section 48 states that all non-testamentary documents which are duly
registered under this Act and relating to any movable or immovable
property will take effect against any oral document relating to such a
document unless where the agreement has been accompanied by the
delivery of possession.
Effect of non-registration
Section 49 of the Registration Act, 1908 states the effects of non-registration of
documents which are required to be registered. The effects are:
1. Non-registration of a deed of adoption shall not grant any power to
adopt.
2. A document required to be registered which is not registered cannot be
taken as evidence for the creation of any right, duty or liability of
immovable property. That document simply becomes useless.
3. Where a document is not registered then in such condition it cannot be
allowed to affect an immovable property which the document
comprises and it cannot be received as evidence of any form of
transaction that is affecting such property.
Time limit for presentation of a document for
registration
1. A document other than a will must be presented for registration within
four months of its execution.
2. Section 24 of the Act states that when one document is executed by
more than one person and the execution took place at different dates
then, in that case, such document must be presented for registration
within 4 months from the date of each execution.
3. When a document is executed outside the territory of India, then, in
that case, the document must be registered in India.
4. These limits are mandatory but in case there is a delay on behalf of the
court regarding registration or re-registration of a document then in
that case these limits that are disregarded.
Conclusion
This article shows and highlights the importance of registration and payment of
stamp duty. These two process makes a document much more authentic and
allows them to function smoothly without any hindrance. The Stamp Act, 1899
and The Registration Act, 1908 lay down all essential amendments that show
the importance of registering and paying stamp duty for a document.
