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Published : May 31, 2012 | Author : YSRAO JUDGE
Category : Civil Laws | Total Views : 29848 | Rating :

  
YSRAO JUDGE
Y.SRINIVASA RAO, M.A(English).,B.Ed.,LL.M.; Judicial Magistrate of I Class; Topper in LL.M
 

What Deeds Are To Be Registered Compulsorily

The real purpose to register a deed is secure every person dealing with any property against fraud and to maintain a public register. It is very essential to see that the officer is duly competent to register a document and that the document is not presented to unqualified or a wrong registration circle, as otherwise such registration would be of no use or validity. If the document in language not understood by the registering officer, he shall refuse to register the document. That too, no non testamentary deed relating to immovable property would be accepted for registration, unless it contains a description of such property sufficient to identify the same. therefore, sections 19,20,21,22 of The Indian Registration Act should be followed.

If an instrument is compulsorily registrable, it should be presented for registration before an officer who is competent to register such document. However, in case of an instrument which is not compulsorily registrable, it is complete without registration. If that be so, the question comes to consideration that what deeds are to be registered compulsorily.

At this juncture, it is very essential to refer section 17 of the Indian Registration Act, which deals with '' Documents of which registration is compulsory.
17. 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, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property;

(b) other 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; and

(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;

12[(e) 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, of the value of one hundred rupees and upwards, to or in immovable property:]

PROVIDED that the State Government may, by order published in the Official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rent reserved by which do not exceed fifty rupees.

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to-

(i) any composition-deed; or

(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 insofar 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

(iv) any endorsement upon or transfer of any debenture issued by any such company; or

(v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or

(vi) any decree or order of a court 13[except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding;] or

(vii) any grant of immovable property by 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

14[(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; 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 when the receipt does not purport to extinguish the mortgage; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a civil or revenue-officer.

15[Explanation: A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]

(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.

Under the Indian Registration Act (XVI OF 1908), the following classes of deeds should be registered compulsorily.
1. Gift deeds relating to immovable properties.

2. Any non-testamentary instruments which operate or purport to declare, create,limit,extinguish or assign, whether in present or future, any right, title or interest, whether vested or contingent, of value of Rs 100/- (Rupees one hundred) and upwards, to or in immovable properties.

3. Non-testamentary instruments assigning or transferring any order or decree or award of a competent court when such decree or order or award operates or purports to declare, create, assign, limit or extinguish, whether in present or future, any right, title or interest, whether vested or contingent, of value of Rs 100/- (Rupees one hundred) and upwards, to or in immovable properties and also agreement between promoters and flat owners (according section 4 of the Maharastra Act XLV OF 1963).

4. A deed of dissolution of partnership where nay immovable property of value Rs 100/- is given to the returning partner.

5. Will, if operates as a family settlement. However, as to adopt a son, such authorities ( not conferred by a Will).

6. Compromise decree or order creating any partition or lease Of any immovable property or agreement to lease.

7. Other non-testamentary document which acknowledges any payment of consideration or receipt in connection with creation, assignment,limitation,declaration or extinction of such right, title or interest.

8. Clause (b) and (c) do not apply to any composition deed; or any instrument pertaining to shares in joint stock company even if the assets of such company consist in whole or in part of immovable properties.; or any debenture issued by any company and not declaring, assigning, creating , 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 any endorsement upon or transfer of any debenture issued by any such company; or any instrument which doest not itself create, declare, assign, limit or extinguish any right, title or interest of the value of Rs 100/- and upwards to or in immovable property, yet merely creating a right to obtain another deed, which will, when executed, create,declare, assign,limit or extinguish any such right, title or interest; or any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding; or grant of immovable property by the Government; or instrument of partition made by the Revenue Officer;or order granting loan and instruments of collateral security granted under the Land Improvement Loans Act; or order granting loans and instruments for securing repayment, under Agriculturists' loans Act; or any endorsement on a mortgage deed acknowledging payment of te whole or any part of the mortgage money, and any other receipt for payment of money due under mortgage when the receipt doest not purport to extinguish the mortgage; or a certificate of sale granted to the purchaser of nay property sold by public auction by a Civil Court or Revenue Officer.

9. If any lease from year to year, or for exceeding one year or reserving any yearly rent.

10. A document purporting or operating to effect an agreement of sale of immovable property will not require any registration by reason only the fact that such deed contains a recital of the payment of any earnest money or of the whole or any part of the purchase money unless of course a charge is created on the property on that account.

11. A trust as to immovable property can be created by a registered document.

12. '' Equity looks at the intention rather than the form''. In case of mortgage by deposit of title deeds under section 58 (f) and section 59 of the Transfer of Property Act, and if such deed is accompanied by a memorandum which constitutes '' contract between the parties, such deed is to be registered otherwise not.

At this juncture, it is apt to see section 18 of the Indian Registration Act, which deals with '' Documents of which registration is optional.''.

Basically, a document other than Will should be registered within four months for the date its execution, provided that where there are several persons executing a document at different times, such document may be registered and re registered within four months from the date of each execution.

23. Time for presenting documents
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.

17 [23A. Re-registration of certain documents
Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

PROVIDED that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

24. Documents executed by several persons at different times
Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution.

Basically, However, if a document is not presented of registration within time, due to urgent necessity or unavoidable accident, another four months time will be allowed on payment of fine up to limit of ten times the amount of the proper registration fee.

25. Provision where delay in presentation is unavoidable
(1) If ,owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 18[India] is not presented for registration till after the expiration of the time herein before prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

(2) Any application for such direction may be lodged with Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

Conclusion:
A fortiori, a document must be properly stamped under the Indian Stamp Act and registered where the registration is compulsory under the Indian Registration Act or other enactment. It will not be out of place to say a few words as to execution of a document, special care should be taken when any document is signed or putting a mark or thumb impression by any Purdanashin lady or illiterate or blind person and it is very essential to see that the contents and effects thereof are truly and correctly read over , explained to and understood by the executant
**************
19. Documents in language not understood by registering officer
If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.

20. Documents containing interlineations, blanks, erasures or alterations
(1) The registering officer may in his discretion refuses to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.

(2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

21. Description of property and maps or plans
(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3) Other houses and land shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a government map or survey.

(4) 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 the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.

22. Description of houses and land by reference to government maps of surveys
(1) Where it is, in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a government map or survey, the State Government may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.

(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.

# AIR 1977 Supreme Court 2425
# See Section 17 (1) (d) of the Indian Registration Act
# See DeSouza's '' Conveyancing'' 12 ed.
# See section 5 of the Indian Trust Act.
# the Equitable maxim
# Pranjivanda Mehta vs Chan Ma Phea, 1916 IA 122; 43 Cal 895

18. Documents of which registration is optional
Any of the following documents may be registered under this Act, namely:-
(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 than one hundred rupees, to or in immovable property;

(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;

16[(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.




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Article Comments

Posted by bhavin on May 19, 2016
hi,i want to judgment on family aggeriment is not compulsory and the land is agriculture,and agriculture land has not registration compulsory
please gave me judgment

Posted by Sunil on September 16, 2015
Is a registered transfer deed with the property registrar legal and hold good to transfer a property that is jointly in the name of Sister and her minor son?

Posted by m sudhir bhandarkar on July 12, 2015
How shall a blind illitrate person execute a registered sale deed

Posted by Shasi on October 18, 2012
We started doing Brokerage for the medical colleges regarding the seats.

We just referred one of the parent to some consultancy services and with the customer I also went for the seat registering day. The customer paid total 4,50,000 Rs As a part of advance to the consultancy members, In That He paid 1.5 lakhs as an advance and remaining next day. He gave that 1.5 lakh to me to give it to consultancy members, He asked me to write in a plain paper with the details of Name, received money, received date remaining balnce and Signature of mine I totally handover that money to the consultancy members and I left back.

Later we found that they are directly speaking about the entire business without involving me in that. Almost one month later we found that the consultancy member has cheated him by taking 4.5 lakh.

Finally he is asking US to give that 4.5 lakh on bahalf of the consultancy services beacuse we referred him to the consultancy services. I Need the legal advice that atlast he is threting us like putting case on me and also involving the main consultancy member, Will that be possible to put case on referring the person to somebody what are all the consequences we need face in this regard.

Kindly suggest me the needful at the earliest.
Thanks in advance.

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