The Registration Act, 1908

Meaning of "Document"

The term "Document" has not been defined under the Registration Act, 1908. The object clause of the
Registration Act, 1908 merely states that the Act was promulgated to consolidate the enactments relating to
the registration of documents. We will therefore have to refer to various other relevant Acts in order to
understand the term "Document".

Two Acts refer to the word "Document" in very similar terms. Section 3 of the Indian Evidence Act, 1872
states that a "Document" means any matter expressed or described upon any substance by means of letters,
figures or marks or by more than one of those means, intended to be used or which may be used, for the
purpose of recording that matter.

Section 3 (18) of the General Clauses Act, 1897, states that a "Document" shall include any matter written,
expressed or described upon any substance by means of letters, figures, or marks or by more than one of
those means, which is intended to be used or which may be used for the purpose of recording that matter.

Thus the word "Document", under the Registration Act, has been used in a wide sense, and it includes
instruments, deeds, agreements etc.

Meaning of Registration

Registration refers to the recording of the contents of a document with a Registering Officer appointed by the
State Government. The Registering Officer performs the important function of preservation of copies of the
original document.

Object of Registration

The object of registration is the conservation of evidence, assurance of title, publicity of documents and
prevention of fraud. Registration ensures and safeguards the interest of an intending purchaser. All
transactions with reference to any particular property are recorded in a register maintained by an officer
appointed by the State Government, so that the persons dealing with that property have notice of the same.
At the Registrar's office, an intending purchaser is immediately cautioned if the property in question has been
already registered. Also, registration helps an intending purchaser to know if the title deeds of a particular
property have been deposited with any person or a financial institution for the purpose of obtaining an
advance against the security of that property.

Compulsory Registration of Documents

Section 17 of the Registration Act, 1908 lays down different categories of documents for which registration is
compulsory. The documents relating to the following transactions of immovable properties are required to be
compulsorily registered:

a. instruments of gift of immovable property.

b. lease of immovable property from year to year or for any term exceeding one year or reserving
a yearly rent.
c. Instruments which create or extinguish any right or title to or in an immovable property of a
value of more than one hundred rupees.

Under Section 2(6) of the Registration Act, 1908 the term "immovable property" includes: "land, buildings,
hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and
things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not
standing timber, growing crops nor grass."

The extent of application of the Registration Act, 1908

Section 1 of the Registration Act 1908 states that the Act extends to the whole of India except to the State of
Jammu and Kashmir.

Regulation of Registration Act

The Registration Act, 1908 is a complete code in itself. Section 3 of the Act states that the State Government
has been empowered to appoint an officer of the rank of Inspector General of Registration with a view to
perform all the functions as laid down in the Registration Act. Section 5 of the Act states that the State
Government has also been empowered to form districts and sub-districts to implement the Act, along with
further powers to revise the limits of these districts and sub-districts. It is obligatory on the part of the State
Government to notify, through the official gazette, about the formation of the districts and sub-districts and
their limits; and every alteration of such limits. Section 6 of the Act states that the State Government may
appoint any appropriate person whether he is a public officer or not, to be the Registrar of several districts or
to be the Sub-Registrar of several sub-districts. Section 7 of the Act states that the State Government shall in
every district, create the office of a Registrar, and in every sub-district, an office of a Sub-Registrar or of the
Joint Sub-Registrars.

Place for Presenting document for registration

Section 28 of the Registration Act, 1908 states that all documents of which registration is compulsory if it
relates to an immovable property as well as a few documents of which registration is optional should
normally be presented for registration in the office of the Sub-Registrar within whose sub-district the whole or
some portion of the property to which the document relates is situated.

Registration at a person's private residence

Under Sections 31 of the Act, a provision has been made authorizing the Registering Officer, on special cause
being shown (for instance if the person is physically handicapped) to attend at the residence of any person
desiring to present a document for registration and accept for registration such a document or a "Will". It is
the discretion of the Registering Officer to decide whether the special cause shown is sufficient or not.

Procedure at the time of lodging a document for registration

For registration of any instrument, the original document which should be typed/printed on one side only
along with two photocopies of the original have to be submitted to the Registering Officer. The copies are
required to be photocopied only on one side of the paper and there has to be a butter paper between the two
photocopied papers. This is done so as to prevent the typed matter from getting spoilt.

The registration procedure also requires the presence of two witnesses and the payment of the appropriate
registration fees. On completion of the procedure, a receipt bearing a distinct serial number is issued. The
following requirements for completing the registration are usually stated on the receipt:

a. Market Value of the property;

b. Income-tax clearance; i.e., N.O.C. under Section 269 UL (3) issued by the Appropriate Authority
constituted under Chapter XX-C of the Income Tax Act, 1961 if the same is applicable;
c. Certificate under section 230-A of the Income Tax Act, 1961 granted to the Transferor by the
assessing officer of the Transferor;
d. Urban Land Ceiling declarations of the transferor/s and the transferee/s.

Fees for registration of a document

The State Government has been empowered to fix the fees for registration of the document. The registration
fees at present fixed for registering documents relating to property transactions are approximately 1% of the
consideration of the document but subject to a maximum limit of Rs.10,000/-. Article 4 (a) of the Registration
Act lays down the following structure:

Amount of value Fees

Does not exceed Rs 5,000/- Rs. 50/-

Exceeds Rs 5,000/- Rs. 50/- plus Rs. 10/- for every Rs.1,000/- or part thereof of the
amount or value in excess of Rs. 5,000/- subject to maximum fee
of Rs 20,000/-.

(This article is released under Government Notification No. R.G.N. 1094/2465/CR.485/M-1 on 1st September
1995.)

The registration fee for the following immovable property transactions is leviable on the market value of
property on which stamp duty is charged. Conveyance, Exchange, Gift, Partition, Transfer of Lease by way of
Assignment, Sale, Power of Attorney given for consideration and Authorization to the attorney to sell the
property.

In the case of lease, the amount of registration fees will be dependent either on the premium or on the sum
payable under the lease or period/periods of lease.

Person entitled to present the document to the Registering Officer for Registration
Section 32 of the Registration Act, 1908 deals with the provisions relating to the presenting of documents for
registration by a person. Subject to certain exceptions, every document which is to be registered under the
provisions of the Act should be presented at the proper registration office by: (a) the concerned person
himself/herself, or (b) the representative or the agent of such a person duly authorized by a power of
attorney duly authenticated in a manner as is stated in Section 33 of the Registration Act, 1908.

Language of Document

The language of a document presented for registration should be in a language commonly used in the district
existing in the State. Under Section 19 of the Act, the Registering Officer is empowered to refuse to register a
document if it is presented for registration in a language which the Registering Officer does not understand
and which is not commonly used in the district unless the document is accompanied by a true translation into
a language commonly used in the district and also by a true copy.

Description of an immovable property, maps or plans of the immovable property

Section 21 of the Act deals with the provisions relating to the description of an immovable property along
with maps or plans. It is always necessary, with a view to identify the property involved in a document, that
the description of the property is mentioned in a separate schedule, preferably with maps or plans, so as to
enable the Registering Authority to make notes in the books to be preserved. The description should mention
the area of the property, the number of the property, the boundaries of the property, the streets on which it
is situated, along with the name of the Village, Taluka, District. The City Survey Number, with Hissa Number if
any, should also be mentioned. It is the discretion of the registering officer to refuse to accept a document if
the description of the immovable property is not sufficient to identify the property correctly.

Registration of a document relating to the transfer of a property in a unregistered society

In such circumstances it is advisable to register such a type of a document. (Please see the the Chart on this
Web site)

Instruments for which registration is optional

Section 18 of the Act lays down the instruments of which registration is optional. Some of these instruments
are listed as under:-

a. Instruments (other than instruments of gifts and wills) relating to the transfer of an immovable
property, the value of which is less than one hundred rupees.
b. Instruments acknowledging the receipt or payment of any consideration.
c. Lease of an immovable property for a term not exceeding one year.
d. Instruments transferring any decree or order of a court where the subject matter of such
decree or order is an immovable property, the value of which is less than one hundred rupees.
e. Instruments (other than wills) relating to transfer of movable property.
f. Wills.

Registration of a document compulsory under the provisions of The Maharashtra Ownership Flat
Act, 1963

Registration is necessary under the provisions of this Act. Under Section 4(1) of The Maharashtra Ownership
Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963, it is laid down
that, notwithstanding the provisions of any other laws, the agreement in respect of flats to be sold by the
owner/ promoter/developer to the flat purchaser requires compulsorily to be registered under The
Registration Act.

Registration under the provisions of The Maharashtra Apartments' Ownership Act, 1970

Registration is necessary under this Act. Under Section 13 of The Maharashtra Apartment Ownership Act,
1970 it is necessary on the part of the owner/owners to execute a declaration with regard to description of
the land on which the building and improvements are to be located, including the number of storeys,
basements, number of each apartment, area of each apartment, number of rooms and immediate common
area etc. along with a set of floor plans of the building showing the layout, location, and dimensions of the
appurtenance and bearing the verified statement of an architect certifying that the same is an accurate copy
of the floor plans of the building as filed with and approved by the local authority within whose jurisdiction
the building is located.

Section 13(3) of the said Act requires that in all registration offices a book called Register of Declarations and
Deed of Apartments under The Maharashtra Apartment Ownership Act, 1970 and a relevant index, be in a
particular form and should contain such particulars as the State Government may prescribe.
Under Section 13(5) of the said Act, the Sub-Registrar or Registrar must register the declaration along with
floor plans of the building and the Deed of Apartments in the Register of Declarations and Deed of
Apartments under the said Act and shall also enter the particulars prescribed in the index kept under sub-
section (3). Any person acquiring any apartment or any apartment owner shall be deemed to have notice of
the Declaration and of the Deed of Apartments as from the date of its registration under this section.

Necessity of registering a document if a person agrees to transfer his right, title or interest in a
premises purchased from an owner / promoter / developer to another person before the society
is formed

It is advisable to get an agreement registered in these circumstances.

Necessity of Registration of an agreement to transfer a flat after the registration of a co-

operative society

After the registration of a co-operative society the purchasers of various premises become members and
shareholders of such a society, and as such the members are thereby governed under the provisions of The
Maharashtra Co operative Societies Act, 1960.

Under Section 41 of The Maharashtra Co-operative Societies Act, 1960, the provisions of clauses (b) and (c) of
Sub section (1) of Section 17 of The Registration Act, 1908 do not apply to any instrument relating to shares
in a society although the assets of the society consist in whole or in part of immovable property.

In a registered society, the member actually transfers his right in the shares held by him and consequently
transfers the premises in his use, occupation and possession. Thus, it is not necessary to register such an
agreement.

Consequences of Non-Registration of a document that should have been registered

According to Section 49(c) of the Act, if a document of which registration is compulsory under Section 17 of
Registration Act, has not been registered, it cannot be produced as an evidence in a court of law.

Time permitted for registration of a document

Under Section 23 of the Act, subject to certain exceptions, any document other than a will has to be
presented for registration within four months from the date of its execution. The term "execution" means
signing of the agreement. Under the present rules and regulations, all agreements in respect of a transfer of
a premise or an immovable property have to be duly stamped, under the provisions of the Bombay Stamp
Act, 1958 before the document is presented for registration.

Provisions under the Act for the registration of a document after the expiry of the prescribed
period of four months

Section 25 of the Registration Act, 1908 lays down the provisions for cases where the prescribed time period
for registration is lapsed and where the delay in presentation of a document does not exceed four months
and is inevitable due to any urgent necessity or an unavoidable accident.

If a document is not presented for registration within the prescribed time period of four months, and if in such
a case the delay in presentation of the document does not exceed a subsequent period of four months, then
the parties to the agreement can apply to the Registrar, who may direct that on payment of a fine not
exceeding ten times the proper registration fees, such a document should be admitted for registration.

Delay in Registration - provision for additional four months

The practice followed in such an event is that the parties to the document execute a Deed of Confirmation
confirming that the main deed is valid and binding upon them. By way of such a deed the transferor/s also
confirm/s that he/they hold/s no right, title and interest in the property and the same is being transferred to
the transferee/s. A copy of the main deed is annexed to this Deed of Confirmation. This is the only manner in
which the lapse in registration can be rectified.

Document relating to an immovable property in India be executed out of India

A document relating to an immovable property can be executed out of India and later it can be presented for
registration in India. As per Section 26 of The Registration Act, 1908 if a document purporting to have been
executed by all or any of the parties out of India is presented for registration within the prescribed time, the
Registering Officer may, on payment of proper registration fee, accept such document for registration if he is
satisfied that:

a. the instrument was executed out of India.

 b. the instrument has been presented for registration within four months after its arrival in India.

Cancellation Deed

The cancellation of a duly executed and registered document by mutual consent may arise in some
circumstances. In that event, the Deed of Cancellation will also have to be registered. At the same time no
document can be canceled unless all the parties to it have mutually agreed to the cancellation.

Deed of Rectification

If the main document/agreement is registered, then in that event it is always necessary to register the Deed
of Rectification too.

Interlineations, blanks, erasures or alterations in a document.

They are permissible as per Section 20(1) of the Act, but the persons executing the document should attest
with their signatures or initials such interlineation, blanks, erasures or alterations. As per Section 20(2), while
registering such a document, it is the duty of the Registering Officer to make a note of any such
interlineation, blank, erasure or alteration in the register.

Power of Registering Officer to make any enquiry about any person purporting to have executed
the document

The Registering Officer is empowered under Section 34(3) of The Registration Act, to enquire whether or not
such a document was executed by the person by whom it purports to have been executed. In order to satisfy
himself, the Registering Officer may ask the person appearing before him to prove his identity. In the case of
any person appearing as a representative or agent, the Registrar may ask for relevant documents which
show that he has the right to appear on behalf of his Principal.

After carrying out such an enquiry, the Registering Officer is entitled to refuse the registration of a document
if he is not satisfied with his findings.

Registering Officer can examine any person presenting document for registration

Before registering the document, the Registering Officer may, in order to satisfy himself examine the persons
executing the document. As per Section 35(3) if any person by whom the document purporting to be
executed appears to the Registering Officer to be a minor or an idiot or a lunatic, or if a person by whom the
document purporting to be executed is dead and his representative or assign denies its execution, the
Registering Officer can refuse to register such a document and record his reasons for refusal.

Remedy to a person wishing to register a document which has been refused by the Registrar

Where the refusal order/direction of the Registrar/Sub-Registrar is on the ground other than that of denial of
execution, the appeal lies to the Registrar under Section 72 of the Act. On such a refusal to admit a
document for registration, any person wishing to register the same should, within 30 days from the date of
refusal, appeal to the Registrar to whom such a Sub-Registrar is subordinate, in order to establish his right to
have the document registered.

In such an event, under Section 74 of the Act, the Registrar may enquire whether the document has been
executed and whether the requirements of the law currently in force have been complied with on the part of
the applicant or the person presenting the document for registration, as the case may be, so as to admit the
document for registration.

For the purpose of an enquiry, as per Section 75(4) of the Act, the Registrar is empowered to issue summons
to enforce the attendance of witnesses and compel them to give evidence as if he were a Civil Court. As per
Section 75(1) of the Act, if the Registrar finds that the document has been executed and that the said
requirement had been complied with he can order for registration of the document. As per Section 77 of the
Act, when the Registrar refuses to order the document to be registered, any person claiming under such a
document or his representative, assignee or agent may within 30 days after making the order of refusal
institute a suit in the proper Civil Court for a decree directing the document to be registered.

The procedure on admitting a document to registration

If all the persons executing the document appear personally before the officer and/or are personally known to
him or if he is otherwise satisfied that they are the persons they represent themselves to be and if they all
admit the execution of the document, the Registering Officer should register the document as required under
Section 58 of the said Act.

He should endorse the following particulars, namely:

 a. The signature and admission of every person admitting the execution of the document in
person or by his representative, assign or agent;
b. The signature and admission of every person examined in reference to such a document;
c. Any payment of money or delivery of goods made in the presence of the Registering Officer in
reference to the execution of the document and any admission or receipt of consideration
made in his presence in reference to such execution.

If any person admitting the execution of a document refuses to endorse the same, the Registering Officer
nevertheless is empowered to register such a document but he should endorse a note of such a refusal and
as required under Section 59 of the Act, as he should affix the date and his signature to all endorsements
made under Sections 52 and 58 of the Act which is relating to the same document.

After completion of all formalities related to registration, the Registering Officer shall endorse on the
document a certificate containing the word "Registered" together with the number and page of the book in
which the document has been copied. Later, the endorsements and certificate shall thereupon be copied into
the margin of the Register book. The copy of maps on plans if any, shall be filed in Book No.1. The
registration of the document is then deemed to be completed and the document is returned to the person
who presented the same for registration or to such other person if any, who has been nominated in writing in
that behalf on the receipt mentioned in Section 52 of the Act. However, such original documents are returned
by post or by hand delivery only after the proper procedure for the preservation of the original document has
been completed by the Registration Authorities.

Documents unclaimed from the Registrar for a very long period of time.

Section 85 of the Registration Act, 1908 states that all documents (other than Wills) remaining
unclaimed in any registration office for a period exceeding two years may be destroyed.

Power of Attorney

A Power of Attorney is a document which empowers a specific person to act on behalf of the person who is
executing the same. It also includes any document by which a person is authorized to appear and act on
behalf of a person who is executing the power of attorney. A power of attorney may also be given by a
person to another to appear before any Court, Tribunal or Authority or before a Co-operative Society or any
Body or Association.

Types of Power of Attorney

There are two types of Power of Attorney, namely:

1. General Power of Attorney and

2. Special Power of Attorney

1. General Power of Attorney

This type of a Power of Attorney gives general powers to the person in whose favor the document is
executed.

The person who is given the powers is called a "Constituted Attorney" and he is authorized to perform all
kinds of acts and to execute any document on behalf of the person who has so executed that document.

2. Special Power of Attorney

Such a Power of Attorney gives the person, power/s only for specified act/s or transactions. In this case the
power has to be strictly adhered to and the Constituted Attorney cannot do anything for which he is not duly
empowered by the Power of Attorney.

Necessity of a Power of Attorney

A Power of Attorney is generally executed when a person wants to authorize someone to carry out any
activity pertaining to his property which he would have undertaken if he would be personally capable of doing
the same. It is an authorization, which confers powers akin to that of the Principal on the person for a
temporary period of time. If a person wants to present a document for registration at the proper registration
office and if, for some reason he cannot be present, he may do so through his representative who is duly
authorized by a Power of Attorney which is executed and authenticated in the prescribed manner.

Power of Attorney to be authenticated by Sub-Registrar / Registrar where the principal resides

As per Section 33(a) of the Registration Act, 1908, if the principal resides in any part of India where the
Registration Act is in force at the time of executing the Power of Attorney, the power of attorney has to be
executed before and authenticated by the Registrar or Sub-Registrar within whose District or Sub-district the
Principal resides.

Execution of Power of Attorney in a case when the principal resides in any part of India where
the Act is not in force

As per Section 33(b) of the Registration Act, 1908, if the principal at the time of executing the Power of
Attorney resides in any part of India where the Act is not in force, the power of attorney is required to be
executed before and authenticated by any Magistrate.

Execution of Power of Attorney, if the principal at the time of its execution does not reside in
India

As per Section 33(c) of the Registration Act, 1908, if the principal, at the time of executing the Power of
Attorney does not resides in India, then the Power of Attorney has to be executed before and authenticated
by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or a representative of the
Central Government in the country where the principal resides.

Persons exempted from being present at any registration office for the purpose of admitting any
document

As per Section 38 of the Registration Act, 1908, the following persons are exempted from attending the office
of the Registrar for admitting any document:

1. Persons, who are physically incapacitated due to some infirmity and who will have to take too
much of a risk or serious inconvenience in order to be present.
2. Persons who are in jail under civil or criminal process.
3. Persons who are exempt by law from making personal appearance in Court.

Attestation of a Power of Attorney by a Registrar

The Registrar or the Sub-Registrar or the Magistrate, must first satisfy himself that the Power of Attorney has
been voluntarily executed by the Principal.

Only after he is satisfied as regards the same, can he attest a Power of Attorney. If he is not satisfied as to
the genuineness of the Power of Attorney, then he has the authority to get evidence as to the voluntary
nature of the execution.