CS Executive JIGL - Registration Act, 1908 Question and Answers

Registration

Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document.

Documents whose registration is optional

These are as under:

Instruments that create, extinguish or alter any right or interest in immovable property exceeding rupees one hundred in value.
Instruments that recognize the receipt of any recompense for the above.
Instruments that create, extinguish or alter any right or interest in movable property.
Leases for which registration is exempted and the period of which is less than a year.
Wills
Instruments create, extinguish or alter any right or interest in immovable property for less than rupees hundred.

Documents of which registration is compulsory

Section 28 of The Registration Act, 1908 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Moreover, no document pertaining to any change in right or liability relating to immovable property of Rupees hundred or more may be affected unless it is through a duly registered instrument.

Hence, the oral grant will not be allowed and will carry no effect. Section 2(6) of the Registration Act, 1908 defines the term “immovable property”as including: “

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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 anything which is attached to the earth, but not standing timber, growing crops nor grass.”[Supreme Court in Anand Behra v. State of Orissa].

Any document covered under section 17, if not registered, will not have the same effect as it would have had if it had been registered.

CS Executive JIGL - Registration Act 1908 Question and Answers

Unstamped document

In case the stamp is not of proper amount or description, the document is deemed to be unstamped; the presentation is still deemed to be good though. For such presentation, penalty can be levied under the Stamp Act [Mahaliram v. Upendra Nath].

As per Section 35 of the Indian Stamp Act, 1899, an instrument not duly stamped is inadmissible as evidence. However, it does not become void. Upon payment of duty with the penalty amount, the unstamped instrument becomes valid and admissible as evidence. (Section 35).

Re-registration

Section 23A provides for the re-registration of certain documents. The section is mainly intended to deal with situations where the original presentation was by a person not duly authorized; when presented by the right party, it is deemed to be properly registered.

Time limit for presentation

A document other than a will is to be presented within four months of its execution, in order to be registered validly. A decree is also to be registered within this time period, counting from the date of the decree.

In cases of urgent necessity and on sufficient cause, the period is eight months, but higher fee has to be paid (Sections 23-26). The time limits prescribed by the Act are mandatory [Ram Singh v. Jasmer Singh].

Several executants

Section 24 provides that if several persons execute a document at different times, it may be presented for registration and re-registration within four months from the date of each execution.

The registration, however, is deemed to be partial in regard to each party.

Documents executed out of India
According to Section 26, when the registering officer is satisfied that the document is executed outside India and presented for registration within four months after its arrival in India, he may accept such document for registration on payment of proper registration fee.

A document executed outside India is not held valid and effective unless is registered in India [Nainsukhdas v. Gowardhandas].

Place of registration of documents related to land and other property

Sections 28 and 29 of Act cover the provisions for the place of registration of documents related to land and other property. According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located.

Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Section 29 provides for all other documents, for example, a decree or court order needs to be presented in the office of the sub-registrar where the decree or order was executed, or at the place where the persons in whose favor the decree has been passed want it to be registered.

Registration Act, 1908 Descriptive Questions

Question 1 Is a ‘will’ required to be registered under the Registration Act, 1908? State the benefits of registration of a will, if any.
Answer:

Wills are included in Section 18 of the Registration Act, 1908. This section says that the registration of a will is optional and that if unregistered, it will not be rendered invalid or inoperative.

Section 27 provides for the method of presentation of wills for registration; it says that a will can be presented for registration anytime after it is made. The actual process is given under Part VIII and IX of The Registration Act, 1908, Sections 40 to 43.

The provisions are as under Section 40 – Who can present the will for registration – The following can present it for registration:

Executor
Representative of Executor
Assignee of Executor
Agent of Executor
Testator, or after his death by any person claiming as executor or otherwise.

Section 41 – The authority to which the will is presented will check to see whom the will was presented by, and also whether the person presenting it had the authority to do so. He will check also if the testator has expired.

Section 42 The will can be deposited personally or by authorizing someone for this act. It has to be given in a sealed envelope, with the name of the testator on the envelope, the name of the testator’s agent, if he had authorized someone to be his agent, and a brief description about the nature of the document contained in the envelope.

Section 43 – The Registrar, on being satisfied, shall enter the details in his Register No. 5 and place and retain the sealed cover in his fireproof box.

Question 2: State the effect of non-registration of documents required to be registered under the Registration Act, 1908.
Answer:

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects:

The document cannot cause any changes in the rights to or interest in any immovable property.
It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered. However, such a document can subsequently be registered on payment of penalty.

Question 3 What are the documents which are compulsorily registrable under the Registration Act, 1908?

What is the effect of non-registration of compulsorily registrable documents under the Registration Act, 1908?
What are the cases in which a compulsorily registrable document can be used in evidence, even if it has not been registered?

Answer:

Section 17 of the Indian Registration Act 1908, deals with the documents that are compulsory to be registered. The section runs as
follows:

Section 17-Indian Registration Act, 1908

he following documents shall be registered, if the properties 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, of the Indian Registration Act 1866, or the Indian Registration Act 1871, or the Indian Registration Act 1877, or the this Act came or comes into force, namely:

instruments of gift of immoveable property;
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 immoveable property;
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
leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
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 immoveable property.

The effects of non-registration of documents that require registration are detailed in Section 49 of the Registration Act, 1908. It provides for the following effects:

The document cannot cause any changes in the rights to or interest in any immovable property.
It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered. However, nothing in this section shall affect the inclusion as evidence in a suit for specific performance.

Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

However, under Section 53A of the Transfer of Property Act, 1882, an unregistered document may be admitted as evidence in a case where the document is proof of part performance of a contract and a proof also of the fact that the plaintiff has performed or is willing to perform his part of the deal.

Ordinarily, as per the Registration Act, 1908, an unregistered document which comes within Section 17 cannot be used in any legal proceeding to create directly or indirectly the effect which it would have if registered.

However, as provided in the proviso to Section 49, an unregistered document affecting immovable property and required to be registered may be received as evidence of a contract in a suit for specific performance or as evidence of part performance of a contract as per Section 53A of the Transfer of Property Act, 1882 or as evidence of any collateral transaction.

So, the effect of this proviso to Section 49 is that in a suit for specific performance an unregistered document affecting immovable property may be given in evidence: The purpose is that the document which has not conveyed or passed title may still be used as evidence of the terms.

In K. Narasimha Rao Vs. Sai Vishnu, it has been held that although it is a settled legal principle that an unstamped instrument is not at all admissible in evidence even for collateral purpose, still an unregistered instrument originally unstamped, if duly stamped subsequently can be admitted in evidence.

This remains true even though it continues to be unregistered for collateral purpose but actual terms of transaction cannot be looked into.

Question 4: Enumerate the documents, registration of which is optional under the provisions of the Registration Act, 1908.
Answer:

Section 18 of the Registration Act, 1908 provides for those documents whose registration is optional. These are as under:

Instruments that create, extinguish or alter any right or interest in immovable property not exceeding rupees one hundred in value.
Instruments that recognize the receipt of any recompense for the above.
Instruments that create, extinguish or alter any right or interest in movable property.
Leases for which registration is exempted and the period of which is less than a year.
Wills

Instruments create, extinguish or alter any right or interest in immovable property for less than rupees hundred.

Question 5: What do you understand by registration of documents? State the effect of non-registration of documents required to be registered.
Answer:

Registration of documents

Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document. Documents can be classified into two classes: (i) Those whose registration is compulsory; (Section 17) (ii) Those whose registration is optional. (Section 18 of the Registration Act, 1908).

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects.

The document cannot cause any changes in the rights to or interest in any immovable property.

It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872. Any document covered under section 17, if not registered, will not have the same effect as it would have had if it had been registered.

Question 6: Under what circumstances a Sub-Registrar can refuse to register a document under The Registration Act, 1908?
Answer:

Under valuation of stamp duty is not a valid ground for refusing the registration of a document. In such a case, the Sub-Registrar can guide the person to affix proper stamps before he can register the documents presented.

If the Sub-Registrar is doubtful as to the proper value of stamps affixed, he can refer the case to the Collector to be adjudicated.

Reasons for refusal to register to be recorded:

Every Sub-Registrar refusing to register a document shall make an order of refusal and record his reasons for such order and communicate the same to the parties.
No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. (Section 71)

Registration cannot be refused on the ground of undervaluation for stamp or any other extraneous reason. An undervalued document can be stamped properly by payment of the balance amount of stamp duty and getting a proper endorsement.

Question 7: State the documents whose registration is compulsory under Registration Act, 1908.
Answer:

Section 17 of the Indian Registration Act 1908, deals with the documents that are compulsory to be registered. The section runs as follows:
Section 17 – Indian Registration Act, 1908

The following documents shall be registered, if the properties 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, of the Indian Registration Act 1866, or the Indian Registration Act 1871, or the Indian Registration Act 1877, or the this Act came or comes into force, namely:-

instruments of gift of immoveable property;
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 immoveable property;
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
leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
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 immoveable property.

Question 8: “Is it necessary that registration of documents should be done only where the property is situated”? Discuss the provisions of the Registration Act, 1908 dealing with the matter.
Answer:

The rules with respect to place of registration of documents under the Registration Act, 1908 are as follows:

Document related to immovable property should be registered in the office of sub registrar of sub district within which whole or some part of the property lies other documents can be registered where all persons executing the document want to get it registered.

Hence it is necessary that registration of documents should be done only where the property is situated [Section 28].

Question 9:Discuss in brief the remedy available to party if registration of document is refused by Registrar under The Registration Act, 1908.
Answer:

Where the Registrar refuses to order the document to be registered, under Section 72 or a decree Section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree.

The provisions contained in sub-sections (2) and (3) of Section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the documents shall be receivable in evidence in such suit [Section 77].

Question 10 Yash signed a deed of gift in favour of Raja. If Yash does not agree to its registration, will the gift deed be registered? Explain, whether delay in registration of a gift deed will postpone its operation?
Answer:

Section 123 of the Transfer of Property Act, 1882 merely requires that donor should have signed the deed of gift.

Hence a gift deed can be registered even if the donor does not agree to its registration (Kalyan Sundaram Pillai v. Karuppa Mopanar, AIR 1927 PC 42). Delay in registration of a gift does not postpone its operation.

The gift deed will be registered even if Yash (donor) does not agree to its registration.

Question 11; Explain the documents of which registration is optional under the Registration Act, 1908.
Answer:

Section 18 of the Registration Act, 1908 specifies documents. registration of which is optional. It provides that any of the following documents may be registered under this Act, namely:

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 value less than one hundred rupees, to or in immovable property
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
Leases of immovable property for any term not exceeding one year and leases exempted under Section 17;
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
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
Wills; and
Other documents not required by Section 17 to be registered.

Question 12 State at least four instruments which are exempted from the provisions of Section 17(1) of the Registration Act, 1908.
Answer:

The registration of the non-testamentary documents mentioned under Section 17(1)(b) and (c) of the Registration Act, 1908 is subject to the exceptions provided in of Section 17(2). These are as follows:

any composition deed, i.e., every deed the essence of which is composition; or
any instrument relating to shares in Joint Stock Company; or
any debentures issued by any such Company; or
any endorsement upon or transfer of any debenture; or
any document other than the documents specified under Section 17(IA) of the Act creating merely a right to obtain another document which will, when executed create, declare, assign, limit or extinguish any such right, title or interest; or
any decree or order of a court; or
any grant of immovable property by the Government; or
any instrument of partition made by Revenue-officer; or
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
any order granting loan made under the Agriculturists Loans Act, 1884 or instrument for securing the repayment of a loan made under that Act; or
any order made under the Charitable Endowments Act, 1890 vesting any property in a treasurer of a charitable endowment or divesting any such Treasurer of any property; or
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
any certificate of sale granted to the purchaser of any property sold by public auction by Civil or Revenue Officer.

Question 13: “Section 32 of the Registration Act, 1908 specifies the persons who can present documents for registration”. Narrate them.
Answer:

According to Section 32 of the Registration Act, 1908, a document may be presented for registration by –

the executant(s) or
persons claiming under him, or
the legal representative or assignee or
their appointed agent, who has been authorized to do so by a special power of attorney. In this case, a general power of attorney is not acceptable. Such a power of attorney needs to be executed before and authenticated by the Registrar within whose jurisdiction the person giving it resides. (Section 33)

Presentation by any of these parties will be deemed to be valid equally, without any discrimination.

Question 14: Who can present documents for registration at the proper registration office under the Registration Act, 1908? Explain.
Answer:

Who can present a document for registration:

Section 32 of the Registration Act specifies who can present documents for registration at the requisite registration office. They are as below:

a person executing a document or claiming under it, or if it is a decree or an order, anyone who is claiming under it, or
the representative or assignee of such person, or
the agent of such person, representative or assignee, who should be duly authorised by power-of-attorney executed and authenticated in the manner hereinafter mentioned.

The effect of a document being presented other than by a rightful person as per Section 32, is that the presentation is deemed to be inoperative and the registration too, is considered to be void (as per the case of Kishore Chandra Singh v. Ganesh Prashad Bhagat).

However, the Act does provide some exceptions to this rule, in the form of Sections 31, 88 and 89-

31. Registration or acceptance for deposit at private residence
88. Registration of documents executed by Government officers or certain public functionaries.
89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.

Moreover, for anyone to present documents for registration Under Section 32, a special power of attorney is required, the form of which is as per Section 33.

No other format would do, hence, a general power of attorney will not suffice. According to Section 33, in order to give the requisite authority to the agent in order to get the document registered, the power of attorney should be executed before the Registrar, who then also authenticates it.

The right authority in this situation would be the Registrar within whose district or sub-district the principal resides. (Sections 32 to 35)

Question 15: What is the object of registration of documents under Registration Act, 1908 ?
Answer:

Registration of documents: Registration means recording of the contents of a document with a Registering Officer and preservation of copies of the original document. The object of registration is to support the claim of authenticity and to establish the precedence of a document, as proof of a particular transaction.

Section 47 of the Registration Act, 1908 provides that a registered document shall operate 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.

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects –

The document cannot cause any changes in the rights to or interest in any immovable property.
It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Any document covered under Section 17, if not registered, will not have the same effect as it would have had if it had been registered.

However, nothing in this section shall affect the inclusion as evidence in a suit for specific performance. Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

Practical Questions

Question 1: Shyam executes a sale deed of a house in favour of Krishna. The house is situated in Faridabad, but the transferor and the transferee want the sale deed to be registered at Gurgaon, which has also a District Court of Haryana State. Can they do so? Given reasons.
Answer:

Sections 28 and 29 of The Registration Act, 1908 cover the provisions for the place of registration of documents related to land and other property. According to Section 17 of the Act, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Section 28 provides that all documents mentioned in Section 17 as compulsorily registrable would be registered in the office of the sub-registrar in whose jurisdiction or sub-district the property or a part of it is located. Any other document would be registered in the office of the Sub-Registrar within whose jurisdiction the document was executed, or where the persons who are executing the document want it to be registered.

Section 29 provides for all other documents, for example, a decree or Court order needs to be presented in the office of the sub-registrar where the decree or order was executed, or at the place where the persons in whose favor the decree has been passed want it to be registered. In this case, since the property is situated in Faridabad, not in Gurgaon, the parties can only get it registered in Faridabad.

Descriptive Questions

Question.1: Which are the documents the registration of which is optional?
Answer:

The documents the registration of which is optional

Whereas Section 17 of the Act has made registration of certain documents compulsory, Section 18 specifies documents, registration of which is optional.

It provides that any of the following documents may be registered under this Act, namely:

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 value less than one hundred rupees, to or in immovable property;
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;
leases of immovable property for any term not exceeding one year and leases exempted under Section 17;
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;
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;
wills; and other documents not required by Section 17 to be registered. (Section 18)

Question.2: What points need to be kept in mind regarding registration of documents executed outside India?
Answer:

Registration of documents executed outside India

Registration of documents executed outside India is covered under Section 26 of The Registration Act, 1908. The following points need to be kept in mind in this regard –

The document has to be presented for registration within four months after having reached India. In case of some exigency, the period can be prolonged upto eight months.

If such a document is not duly registered under the Act, it will not be operational in India, i.e. it cannot seek to effect any change in the rights or interests in any movable or immovable property.

Question.3: What is the time limit for registration of documents?
Answer:

The time limit for registration of documents

The time limit for presentation of a document for registration is four months, as per Section 23 included in Chapter IV of the Act. This period can be prolonged upto eight months in cases of need, where proper justification is provided.

The same period applies in the case of re-registration of documents found to be invalidly registered.

Question.4: What are the effects of non-registration of a document?
Answer:

The effects of non-registration of a document

The effects of non-registration of documents that require registration are detailed in Section 49 of The Registration Act, 1908. It provides for the following effects –

The document cannot cause any changes in the rights to or interest in any immovable property.
It will not be admitted as evidence of any transaction mentioned in the document, as per the Indian Evidence Act, 1872.

Such a document can be subsequently stamped and be treated as an instrument valid ab initio.

Question.5: Explain about the requirement of registration regarding wills.
Answer:

The requirement of registration regarding wills

Wills are included in Section 18 of the Registration Act, 1908. This section says that the registration of a will is optional and that if unregistered, it will not be rendered invalid or inoperative.

Section 27 provides for the method of presentation of wills for registration; it says that a will can be presented for registration anytime after it is made.

The actual process is given under Part VIII and IX of The Registration Act, 1908, Sections 40 to 43. The provisions are as under –

Section 40: Who can present the will for registration – The following can present it for registration

Executor
Representative of Executor
Assignee of Executor
Agent of Executor
Testator, or after his death by any person claiming as executor or otherwise.

Section 41: The authority to which the will is presented will check to see whom the will was presented by, and also whether the person presenting it had the authority to do so. He will check also if the testator has expired.

Section 42: The will can be deposited personally or by authorizing someone for this act. It has to be given in a sealed envelope, with the name of the testator on the envelope, the name of the testator’s agent, if he had authorized someone to be his agent, and a brief description about the nature of the document contained in the envelope.

Section 43: The Registrar, on being satisfied, shall enter the details in his Register No. 5 and place and retain the sealed cover in his fireproof box.

Question.6: Explain the provisions of the Act regarding the place of registration of documents.
Answer:

The provisions of the Act regarding the place of registration of documents

Sections 28 and 29 of The Registration Act, 1908 cover the provisions for the place of registration of documents related to land and other property. Sav

Question.7: Explain where the documents relating to property ought to be registered.
Answer:

The documents relating to property ought to be registered

Section 2(6) of the Registration Act, 1908 defines the term “immovable property” as including: “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 anything which is attached to the earth, but not standing timber, growing crops nor grass.”

Question.8: What rights does a person aggrieved with the orders of a sub-registrar have?
Answer:

Section 72 of The Registration Act, 1908 gives the person aggrieved with the order of the Sub-Registrar the right to appeal to the Registrar to whom the Sub-Registrar reports. This can be done in situations where the Sub-Registrar has refused to register the document that has been presented within the proper time limit of thirty days.

Upon such an appeal being made, the Registrar has the right to modify or annul the original order. The Registrar can then, order that the document be duly registered, and it shall be deemed to be registered from the date it would have originally been registered if the Sub-Registrar had not refused registration.

This would be the date of presentation of the document to the Sub-Registrar. Under valuation of stamp duty is not a valid ground for refusing the registration of a document. In such a case, the Sub-Registrar can guide the person to affix proper stamps before to be adjudicated.

Question.9: From when is a document requiring registration deemed operational?
Answer:

Section 47 of The Registration Act, 1908 clarifies that a document is operational from the date when it should have become operational, without the need for registration being considered, even if it is subsequently registered.

However, in case of subsequent registration, the execution will not be deemed invalid. It simply means that when a document is duly registered, it has the same effect as if it registered at the time of execution.

Practical Questions

Question.1: Ajit sells a house to Baljit by a written document in 1997 and delivers possession thereof to Baljit. But the document is not registered. After one year, Ajit sues Baljit to take back possession of the house on the ground that because of non-registration, the document has no validity. Will Ajit succeed?
Answer:

According to Section 49 of The Registration Act, 1908, if any document is required to be registered and is not registered, it shall not be admitted as evidence under the Indian Evidence Act, 1872.

However, under Section 53A of the Transfer of Property Act, 1882, an unregistered document may be admitted as evidence in a case where the document is proof of part performance of a contract, and a proof also of the fact that the plaintiff has performed or is willing to perform his part of the deal.

In this case, Ajit sells to Baljit a house by a written document in 1997, and hands over the possession to Baljit. The document, however, remained unregistered. A year later, Ajit sues Baljit for repossession of the house, claiming that as the document was unregistered, it had no validity.

This claim of Ajit would be unfounded, as this case comes under Section 53A of the Transfer of Property Act, 1882. Hence, Ajit will not succeed.

Question.2: Rohit executes a sale deed of a house in favour of Prem. The house is situated at NOIDA, but the transferor and transferee want the sale deed to be registered at Lucknow, which is the capital of the State. Can they do so?
Answer:

According to Section 17 of the Registration Act, 1908, documents relating to creation, diminution or alteration of rights related to immovable property, if not registered, will not have the same effect as it would have had if it had been registered.

Hence, in this case, Rohit, who wants to sale deed of the house located at Noida to be registered in Lucknow, will not be allowed to do so. He will need to get the deed registered in Noida, where the property is located.

Question.3: Amrit executed a gift deed in his life time in favour of Bhanu. The gift deed was not registered during the life time of Amrit. Bhanu, after death of Amrit, presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit raised an objection for the registration of gift deed on the ground of fake signatures of Amrit. But the witnesses to the gift deed contended that the signatures were made before them by the donor at the time of execution of gift deed. Whether the gift deed will be treated valid for registration under the Registration Act, 1908?
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act. It includes a gift of immovable property. However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

In this case, Amrit executed a gift deed in favor of Bhanu, who failed to get it registered during the lifetime of Amrit. Later, after Amrit’s death, it was resented to the Registrar for registration. Amrit’s brother, Rakshit, raised an objection, contending that Amrit’s signatures were fake.

However, the witnesses maintained that Amrit signed the deed before them. Hence, the gift deed would be valid for registration and the objection made by Rakshit will not stand.

Question.4: Akhilesh executes a sale deed of a house in favour of Brijesh. The house is situated at Patna. Akhilesh wants to get the sale deed registered at Delhi. Can he do so?
Answer:

However, according to Section 30 of the Act, a property located elsewhere can be registered in presidency towns or at Delhi.

Hence, Akhilesh, who transferred a house located in Patna to Brijesh by a sale deed, has the option to get it registered either in Delhi or in Patna.

Question.5: By an agreement, Anamika transferred to Bipasha a decree of a court by which she was entitled to possess 500 bighas of land. Is it necessary to register such a transfer under the Registration Act, 1908?
Answer:

Under Section 17 (d) of The Registration Act, 1908, the transfer of any decree by which an interest of rupees hundred or upwards in immovable property is created, altered or diminished needs to be registered to have effect.

Hence, the agreement by which Anamika transfers to Bipasha a court decree that entitles her to possess five hundred bighas of land is required to be registered. Only then it can create any acceptable rights in favor of Bipasha.

Question.6: Ajoy has executed a gift deed in favour of Bijoy. But prior to the registration of gift deed, Ajoy dies. Ajoy has already given the delivery of possession to Bijoy. The heirs of Ajoy wished to register the gift. Bijoy’s brother objected on the ground that it being a non-registered gift in the life-time of Ajoy, it cannot be registered after the death of donor. Decide the validity of gift on the ground of non-registration of the gift deed.
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act.

It includes a gift of immovable property. However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

In this case, Ajoy executed a gift deed in favor of Bijoy, who failed to get it registered during the lifetime of Ajoy. Later, after Ajoy’s death, it was presented to the Registrar for registration.

Bijoy’s brother, raised an objection, contending that since the gift was unregistered during the lifetime of Ajoy, it cannot subsequently be registered validly.

However, it is provided in the Act that a gift deed can be registered anytime within the period specified under the Act, and even a subsequent registration will have the same effect as if it was registered upon execution.

As in the case of Kalyana Sundaram Pillai vs. Karuppa Mopanar, non-registration of the deed will not render the gift invalid, and if it is presented within the proper timeframe, it can be duly registered.

Question.7: Chirag holds a general power of attorney given to him by Abhay. On the basis of it, Chirag wishes to register some papers related to land transfer, affected by Abhay. Can he do so?
Answer:

According to Section 32 of the Registration Act, 1908, a document may be presented for registration by the executant(s) or persons claiming under him, or by the legal representative or assignee or by their appointed agent, who has been authorized to do so by a special power of attorney.

Hence, a general power of attorney is not acceptable. Such a power of attorney needs to be executed before and authenticated by the Registrar within whose jurisdiction the person giving it resides. (Section 33)

Therefore, the registration described in this case is not valid, as it is effected by Chirag who does not hold a special power of attorney but only a general one.

Question.8: Ankur has made a gift of a house to Bhaskar. Ankur has signed on the gift deed and handed over the possession of the house to Bhaskar. Ankur
did not want gift deed to be registered. After sometime, Ankur dies. There was a long delay in the registration of the gift deed. Whether the period of delay may be condoned by the Registrar for the registration of gift deed even after the death of the donor under the Registration Act, 1908.
Answer:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act.

In this case, Ankur executed a gift deed in favor of Bhaskar, who failed to get it registered during the lifetime of Ankur, who did not want it registered. However, he had already given the possession to Bhaskar.

Later, after Ankur’s death, it was presented to the Registrar for registration. There occurs a long delay in the registration of the gift deed. Section 23 of the Act provides for a time limit of four months from execution for getting a document registered.

This time can extend to eight months in cases of urgent necessity. Hence, in this case, the period of delay can be condoned by the Registrar, but only upto eight months and upon proving sufficient cause for the delay.

CS Executive JIGL – Registration Act, 1908 Question and Answers

Registration Act, 1908 Descriptive Questions

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Descriptive Questions

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