Mobile View
Main Search Advanced Search Disclaimer
Citedby 9484 docs - [View All]
Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors. on 24 October, 2006
Yanala Malleshwari And Ors. vs Ananthula Sayamma And Ors. on 24 October, 2006
Basant Nahata vs The State Of Rajasthan And Ors. on 28 November, 2000
Naveen Grah Nirman Sahakari ... vs Competent Authority on 25 April, 2003
M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal on 11 February, 2011

User Queries
Central Government Act
The Registration Act, 1908
THE REGISTRATION ACT, 19081 tc "The Registration Act, 1908"





1. Short title, extent and commencement.—(l) This Act may be called the 1 [***] Registration Act, 1908. tc" 1. Short title, extent and commencement.—(l) This Act may be called the 2[***] Registration Act, 1908."
2 [(2) It extends to the whole of India except the State of Jammu and Kashmir: tc "3[(2) It extends to the whole of India except the State of Jammu and Kashmir\:" Provided that the State Government may exclude any districts or tracts of country from its operation.] tc "Provided that the State Government may exclude any districts or tracts of country from its operation.]"
(3) It shall come into force on the first day of January, 1909.
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,— tc" 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—"
3. Inspector-General of Registration.—(l) The 6 [State Government] shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government: tc "3. Inspector-General of Registration.—(l) The 1[State Government] shall appoint an officer to be the Inspector-General of Registration for the territories subject to such Government\:" Provided that the 6 [State Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the 6 [State Government] appoints in this behalf. tc "Provided that the 1[State Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the 1[State Government] appoints in this behalf."
(2) Any Inspector-General may hold simultaneously any other office under the 7 [Government]. tc "(2) Any Inspector-General may hold simultaneously any other office under the 2[Government]." State Amendment Uttar Pradesh: After sub-section (2), insert sub-section (3) as under— “(3) The State Government may appoint one or more Additional Inspector-General of Registration and Deputy Inspector-General of Registration for the territories subject to such Government and may prescribe the duties of such officers and authorise them to exercise and perform all or any of the powers and duties of the Inspector-General of Registration.” [Vide Uttar Pradesh Act 48 of 1975, sec. 2 (w.e.f. 1-11-1975)].
4. Branch Inspector-General of Sindh.—[Rep. by the Government of India (Adaptation of India Laws) Orders, 1937.] tc "4. Branch Inspector-General of Sindh.—[Rep. by the Government of India (Adaptation of India Laws) Orders, 1937.]" tc" 3. Subs. by Act 3 of 1951, sec. 3 and Sch., for sub-section (2) (w.e.f. 1-4-1951)." tc "(3) It shall come into force on the first day of January, 1909."
5. Districts and sub-districts.—(l) For the purposes of this Act, the 8 [State Government] shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts. tc" 5. Districts and sub-districts.—(l) For the purposes of this Act, the 1[State Government] shall form districts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts."
(2) The districts and sub-districts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the 9 [Official Gazette]. tc "(2) The districts and sub-districts formed under this section, together with the limits thereof, and every alternation of such limits, shall be notified in the 3[Official Gazette]."
(3) Every such alternation shall take effect on such day after the date of the notification as is therein mentioned. tc "(3) Every such alternation shall take effect on such day after the date of the notification as is therein mentioned."
6. Registrars and Sub-Registrars.—The 10 [State Government] may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively. tc" 6. Registrars and Sub-Registrars.—The 4[State Government] may appoint such persons, whether public officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrars of the several sub-districts, formed as aforesaid, respectively." 11 [***] tc "5[***]" State Amendments Karnataka: In section 6, the following provisos shall be inserted at the end:— “Provided that the State Government may also appoint one or more Sub-Registrars for the same Sub-District: Provided further that the State Government may delegate to the Inspector- General of Registration, the power of appointing Sub-Registrars.” [Vide Karnataka Act 32 of 2001, sec. 2 (w.e.f. 3-10-2001)]. Maharashtra: After section 6, insert section 6A as under:— “6A. Joint District Registrars.—The State Government may by order also appoint a Joint District Registrar to assist the District Registrar, or any two or more District Registrars, specified in the order and may authorise such Joint District Registrar to exercise and perform all or any of the powers and duties of the District Registrar under this Act.“ [Vide Maharashtra Act 29 of 1974, sec. 2 (w.e.f. 10-6-1974)]. Uttar Pradesh: In the end insert proviso as under— “Provided that the State Government may delegate, subject to such restrictions and conditions as it thinks fit, to the Inspector-General of Registration, the power of appointing Sub-Registrars.” [Vide Uttar Pradesh Act 19 of 1981, sec. 5 (w.e.f. 1-8-1981)]. After section 6, insert section 6A as follows: “6A. Additional Registrar.—The State Government may, by order, also appoint any public officer as an Additional Registrar, to assist the Registrar, or any two or more Registrars, specified in the order and may authorise such Additional Registrars to exercise and perform all or any of the powers and duties of the Registrar under this Act.” [Vide Uttar Pradesh Act 27 of 1994, sec. 2].
7. Offices of Registrar and Sub-Registrar.—(l) The 12 [State Government] shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars. tc "7. Offices of Registrar and Sub-Registrar.—(l) The 1[State Government] shall establish in every district an office to be styled the office of the Registrar and in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars."
(2) The 12 [State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate: tc "(2) The 1[State Government] may amalgamate with any office of a Registrar, any office of a Sub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has been so amalgamated to exercise and perform, in addition to his own powers and duties, all or any of the powers and the duties of the Registrar to whom he is subordinate\:" Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act. tc "Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act."
8. Inspectors of Registration offices.—(l) The 1[State Government] may also appoint officers to be called Inspector of Registration offices, and may prescribe the duties of such officers. tc "8. Inspectors of Registration offices.—(l) The 1[State Government] may also appoint officers to be called Inspector of Registration offices, and may prescribe the duties of such officers."
(2) Every such Inspector shall be subordinate to the Inspector-General. tc "(2) Every such Inspector shall be subordinate to the Inspector-General." State Amendments Rajasthan: Substitute section 8, as under:— “8. Officers of registration offices.—(1) The State Government may also appoint officers as may be designated from time to time and may prescribe the duties of such officers.
(2) Every such officer shall be subordinate to the Inspector-General.” [Vide Rajasthan Act 11 of 1982, sec. 2 (w.e.f. 16-6-1982)]. Uttar Pradesh:
9. Military cantonments may be declared sub-districts or districts.—[Rep. by the Repealing and Amending Act, 1927 (10 of 1927), sec. 3 and Sch. II.] tc "9. Military cantonments may be declared sub-districts or districts.—[Rep. by the Repealing and Amending Act, 1927 (10 of 1927), sec. 3 and Sch. II.]" tc "1. Subs. by the A.O. 1950, for “Provincial Government”." tc" 1. Subs. by the A.O. 1950, for “Provincial Government”." tc "Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act."
10. Absence of Registrar or vacancy in his office.—(l) When any Registrar, other than the Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the 14 [State Government] fills up the vacancy. tc "10. Absence of Registrar or vacancy in his office.—(l) When any Registrar, other than the Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or, in default of such appointment, the Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate, shall be the Registrar during such absence or until the 1[State Government] fills up the vacancy."
(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf shall be the Registrar during such absence, or until the 14 [State Government] fills up the vacancy.
11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72. tc "11. Absence of Registrar on duty in his district.—When any Registrar is absent from his office on duty in his district, he may appoint any Sub-Registrar or other person in his district to perform, during such absence, all the duties of a Registrar except those mentioned in sections 68 and 72."
12. Absence of Sub-Registrar or vacancy in his office.—When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until 15 [the vacancy is filled up]. tc "12. Absence of Sub-Registrar or vacancy in his office.—When any Sub-Registrar is absent, or when his office is temporarily vacant, any person whom the Registrar of the district appoints in this behalf shall be Sub-Registrar during such absence, or until 2[the vacancy is filled up]." State Amendment Karnataka: In section 12, after the word “whom” the words “the Inspector-General of Registration or” shall be inserted. [Vide Karnataka Act 32 of 2001, sec. 3 (w.e.f. 3-10-2001)].
13. Report to State Government of appointments under sections 10, 11 and 12.—
(1) 16 [***] All appointments made under section 10, section 11 or section 12 shall be reported to the 17 [State Government] by the Inspector-General. tc "13. Report to State Government of appointments under sections 10, 11 and 12.—(1) 3[***] All appointments made under section 10, section 11 or section 12 shall be reported to the 1[State Government] by the Inspector-General."
(2) Such report shall be either special or general, as the 16 [State Government] directs. tc "(2) Such report shall be either special or general, as the 1[State Government] directs." 18 [***] tc "4[***]" State Amendments Gujarat: Amendment is the same as that of Maharashtra. [Vide Gujarat A.L.O., 1960]. Maharashtra: Sub-sections (1) and (2) were repealed and in sub-section (3) (now omitted by A.O., 1937), after the word “Sub-Registrars”, the words “and Inspectors of Registration Offices” were inserted. Thus, whole section now stands omitted in Maharashtra. [Vide Bombay Act 5 of 1929, sec. 3 (w.e.f. 22-5-1929) read with Act 35 of 1958, sec. 2 (w.e.f. 28-4-1958)]. Uttar Pradesh:
14. Establishments of registering officers.— 19 [***] tc "14. Establishments of registering officers.—5[***]"
(2) The 20 [State Government] may allow proper establishments for the several offices under this Act. tc "(2) The 1[State Government] may allow proper establishments for the several offices under this Act."
15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the 21 [State Government] directs:— tc "15. Seal of registering officers.—The several Registrars and Sub-Registrars shall use a seal bearing the following inscription in English and in such other language as the 1[State Government] directs\:—" “The seal of the Registrar (or of the Sub-Registrar) of”.
16. Register-books and fire-proof boxes.—(l) The 22 [State Government] shall provide for the office of every registering officer the books necessary for the purposes of this Act. tc "16. Register-books and fire-proof boxes.—(l) The 1[State Government] shall provide for the office of every registering officer the books necessary for the purposes of this Act."
(2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the 22 [State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued. tc "(2) The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the 1[State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued."
(3) The 22 [State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district. tc "(3) The 1[State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district." State Amendments Andhra Pradesh: In section 16, for sub-section (1), the following shall be substituted, namely:— “(1) The State Government shall provide for the office of every registering officer the books and also the information processing and storage devices like computers and scanners along with the software prescribed by the Inspector-General, from time to time necessary for purpose of this Act.” [Vide Andhra Pradesh Act 16 of 1999, sec. 3 (w.e.f. 31-12-1998)]. Tamil Nadu: In section 16, after sub-section (2), the following sub-section shall be substituted, namely:— “(2A) The State Government shall also provide for the office of every Registering Officer notified by the State Government under sub-section (1) of section 70B, the information processing and storage devices like computer and scanners along with the software prescribed by the Inspector-General, from time to time, necessary for purpose of this Act.” [Vide Tamil nadu Act 50 of 2000, sec. 3 (w.e.f. 25-7-2005)]. Uttar Pradesh: In sub-section (1), for the words “Inspectors of Registration Offices” the words “Assistant Inspector-General of Registration” shall be substituted. [Vide Uttar Pradesh Act 6 of 1980, sec. 12].
17. Documents of which registration is compulsory.—(l) 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:— tc" 17. Documents of which registration is compulsory.—(l) 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\:—"
18. Documents of which registration is optional.—Any of the following documents may be registered under this Act, namely:— tc "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 then one hundred rupees, to or in immovable property; tc" (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 then 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; tc" (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; tc" (c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17;"
33 [(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;] tc" 1[(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; tc" (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 tc" (e) wills; and"
(f) all other documents not required by section 17 to be registered. tc" (f) all other documents not required by section 17 to be registered." State Amendments Andhra Pradesh: In section 18, clause (c) should be omitted. [Vide Andhra Pradesh Act 4 of 1999, sec. 3 (w.e.f. 1-4-1999)]. Gujarat: Amendments are the same as those of Maharashtra. [Vide Gujarat Act 11 of 1960, sec. 87, Gujarat A.L.O., 1960]. Maharashtra: In section 18,—
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 documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy. State Amendments Delhi: Same as in Punjab. [Vide G.S.R. 465, Gazette of India, 1965, Pt. II, Sec. 3
20. Documents containing interlineations, blanks, erasures or alterations.—(l) The registering officer may in his discretion refuse 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. tc "20. Documents containing interlineations, blanks, erasures or alterations.—(l) The registering officer may in his discretion refuse 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. tc "(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." State Amendments Maharashtra, Gujarat: Note.—For omission of sub-section (2) of section 20, see sub-section (3) of section 70D in Part XIA inserted in main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930); Bombay Act 35 of 1958; Act 11 of 1960, sec. 87; Gujarat A.L.O., 1960. Tamil Nadu: In section 20, in sub-section (1), after the expression “persons executing the document”, the expression “and in the case of document for sale of property, the persons claiming under that document also” shall be inserted. [Vide Tamil Nadu Act 28 of 2000, sec. 2].
21. Description of property and maps or plans.—(l) 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. tc "21. Description of property and maps or plans.—(l) 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. tc "(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 lands 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 to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey. tc "(3) Other houses and lands 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 to 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 plan as are equal to the number of such districts. tc "(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 plan as are equal to the number of such districts." State Amendments Gujarat: Amendment is the same as that of Maharashtra. [Vide Gujarat Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Maharashtra: For sub-section (2), substitute the following, namely:— “(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. In all city surveyed areas, houses and lands shall also be described by their cadastral survey numbers as in the city survey maps and records.” [Vide Bombay Act 35 of 1958, sec. 4 (w.e.f. 24-4-1958)]. Note.—For omission of sub-section (4) of section 21, see sub-section (3) of section 70D inserted in the main Act by Bombay Act 17 of 1930. Comments Where a document comprises several properties and the description is sufficient as to some, but insufficient as to others, the registering officer must not refuse to accept the document for registration in its entirety; Kesava v. Kannusamy, (1904) 15 Mad LJ 30.
22. Description of houses and land by reference to Government maps or surveys.—(l) Where it is, in the opinion of the 34 [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the 34 [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. tc "22. Description of houses and land by reference to Government maps or surveys.—(l) Where it is, in the opinion of the 1[State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the 1[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 (l), 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. tc "(2) Save as otherwise provided by any rule made under sub-section (l), 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." State Amendments Delhi: Same as in Punjab. [Vide Notification No. 189/38 dated 30th May, 1939, as amended by No. 72/43-Public, dated 16th September, 1943]. Gujarat: Same as that of Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O. 1960]. Maharashtra: In section 22, for sub-section (2), substitute the following, namely:— “(2) Except in the case of city surveyed areas and except 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.” [Vide Bombay Act 35 of 1958, sec. 5 (w.e.f. 24-4-1958)]. Punjab, Haryana, Chandigarh: In section 22, in sub-section (1), omit the words “not being houses in towns”. [Vide Punjab Act 8 of 1941, sec. 2 (w.e.f. 23-5-1941) read with Act 23 of 1960, sec. 4; Act 31 of 1966, sec. 88]. Section 22A Andhra Pradesh: After section 22, the following section shall be inserted:— “22A. Documents registration of which is opposed to public policy.—(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable.” [Vide Andhra Pradesh Act 4 of 1999, sec. 4 (w.e.f. 1-4-1999)]. Bihar: After section 22 insert as under:— “22A. Registration of documents which is against the public policy.—(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is against the public policy.
(2) Notwithstanding anything contained in the Act, the registering officer shall refuse to register any document to which the notification issued under sub-section (1) is applicable.” [Vide Bihar Act 6 of 1991, sec. 2 (w.e.f. 8-8-1991)]. Gujarat: Same as that of Maharashtra. [Vide Act 11 of 1960, sec. 87; Gujarat A.L.O., 1960]. Karnataka: Same as that of Maharashtra. [Vide Karnataka Act 55 of 1976, sec. 3 (w.e.f. 23-10-1976)]. Maharashtra: After section 22, insert the following section, namely:— “22A. Documents registration of which is opposed to public policy.—(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of document is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable.” [Vide Bombay Act 24 of 1938 (w.e.f. 8-2-1939) read with Act 35 of 1958 (w.e.f. 24-4-1958)]. Note.—For notifications barring registration of documents relating to permanent alienation of agricultural land without sanction from the Collector, see Bombay Government Notification No. 1958/97574 IV-27/28 January, 1959 and No. 1959/192322(b), dated 18-1-1960; for similar notification in respect of Vidarbha region, see Bombay Gazette, 1958, Pt. IV, p. 12; for declaration of registration of trade marks under this Act as being against public policy, see Bombay Gazette, 1958, Pt. IVA, p. 504. Meghalaya: After section 22, insert as under: “22A. Registration of certain documents may be declared as being opposed to public policy.—(1) The State Government may, by notification in the Official Gazette, declare that registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification made under sub-section (1) is applicable.” [Vide Meghalaya Act 5 of 1990, sec. 2 (w.e.f. 22-6-1990)]. Rajasthan: Same as that of Maharashtra. [Vide Rajasthan Act 16 of 1976, sec. 2 (w.e.f. 13-2-1976)]. West Bengal: After section 22, insert the following new section 22A:— “22A. Registration of certain documents to be opposed to public policy.—(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or any class of documents specified in such notification shall be opposed to public policy.
(2) The registering officer shall examine a document prescribed for registration is one to which a notification under sub-section (1) is applicable and shall take such evidence as may be produced by the parties and may also require them to produce all documents in their possession or custody which the registering officer considers relevant.
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 a of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.
35 [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 form 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: tc "1[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 form 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.] State Amendments Section 23B Andhra Pradesh: After section 23A, insert the following section, namely:— “23B. Power of State Government to permit the registration of documents registered in the loges at Masulipatnam and in certain other areas in French India.—
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. tc "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."
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 36 [India] is not presented for registration till after the expiration of the time hereinbefore 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. tc "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 1[India] is not presented for registration till after the expiration of the time hereinbefore 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 a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. tc "(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate." State Amendment Rajasthan: In section 25—
26. Documents executed out of India.—When a document purporting to have been executed by all or any of the parties out of 37 [India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied— tc "26. Documents executed out of India.—When a document purporting to have been executed by all or any of the parties out of 1[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the registering officer, if satisfied—"
(a) that the instrument was so executed, and tc" (a) that the instrument was so executed, and"
(b) that it has been presented for registration within four months after its arrival in 37 [India], tc" (b) that it has been presented for registration within four months after its arrival in 1[India]," may, on payment of the proper registration-fee accept such document for registration.
27. Wills may be presented or deposited at any time.—A will may at any time be presented for registration or deposited in manner hereinafter provided. tc "27. Wills may be presented or deposited at any time.—A will may at any time be presented for registration or deposited in manner hereinafter provided."
28. Place for registering documents relating to land.—Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (l), clauses
29. Place for registering other documents.—
(1) Every document 40 [not being a document referred to in section 28 or a copy of a decree or order], may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the 2[State Government] at which all the persons executing and claiming under the document desire the same to be registered. tc "29. Place for registering other documents.—(1) Every document 1[not being a document referred to in section 28 or a copy of a decree or order], may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the 2[State Government] at which all the persons executing and claiming under the document desire the same to be registered."
(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any the Sub-Registrar under the 41 [State Government] at which all the persons claiming under the decree or order desire the copy to be registered.
30. Registration by Registrars in certain cases.—(l) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him. tc "30. Registration by Registrars in certain cases.—(l) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him." 42 [***] State Amendments Andhra Pradesh: Figure “
(1) ”, and sub-section (2), omitted. [Vide Andhra Pradesh Act 13 of 1996, sec. 2 (w.e.f. 15-6-1966)]. Bihar: Section 30(2) be deleted. [Vide Bihar Act 6 of 1991, sec. 4 (w.e.f. 8-8-1991)]. Gujarat: In section 30—
(1) in sub-section (1), the brackets and figure “(1)” shall be deleted;
(2) sub-section (2) shall be deleted. [Vide Gujarat Act 18 of 1990, sec. 2]. Haryana: In section 30, omit sub-section (2). [Vide Haryana Act 4 of 1997, sec. 2 (w.e.f. 12-3-1997)]. Madhya Pradesh: Sub-section (2) of section 30 shall be omitted. [Vide Madhya Pradesh Act 1 of 1993, sec. 2 (w.e.f. 15-7-1993)]. Orissa: In section 30, omit sub-section (2). [Vide Orissa Act 19 of 1991, sec. 2]. Rajasthan: The brackets and figure “(1)”and sub-section (2) be omitted. [Vide Rajasthan Act 18 of 1989, sec. 4 (w.e.f. 18-9-1989)]. Uttar Pradesh: In section 30, sub-section (2) shall be omitted. [Vide Uttar Pradesh Act 27 of 1994, sec. 4]. West Bengal:
(1) In section 30, sub-section (2) shall be omitted. [Vide West Bengal Act 17 of 1996, sec. 3].
(2) After section 30, the following section shall be inserted, namely:— “30A. Registration by Registrar of Assurances, Calcutta.—Notwithstanding anything contained elsewhere in the Act, the Registrar of Assurance, Calcutta, may receive and register any document referred to in section 28 without regard to the situation in any part of West Bengal of the property to which the document relates.” [Vide West Bengal Act 22 of 1997, sec. 3].
31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit: tc "31. Registration or acceptance for deposit at private residence.—In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit\:" Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will. tc "Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will."
32. Persons to present documents for registration.—Except in the cases mentioned in 1[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or tc" (a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or"
(b) by the representative or assign of such a person, or tc" (b) by the representative or assign of such a person, or"
(c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned. tc" (c) by the agent of such a person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned." State Amendment Bihar: After section 32, the following new section shall be inserted, namely:— “32A. Giving of duplicate copies of documents presented for registration.—(1) Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document or any transaction of documents referred to in section 19 presented for registration shall be accompanied by such number of duplicate copies thereof as may be prescribed by rules under section 69.
33. Power-of-attorney recognizable for purposes of section 32.—(l) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:— tc "33. Power-of-attorney recognizable for purposes of section 32.—(l) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely\:—"
34. Enquiry before registration by registering officer.—(l) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. tc "Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered."
(2) Appearances under sub-section (1) may be simultaneous or at different times. tc "(2) Appearances under sub-section (1) may be simultaneous or at different times."
(3) The registering officer shall thereupon— tc "(3) The registering officer shall thereupon—"
(a) enquire whether or not such document was executed by the persons by whom it purports to have been executed; tc" (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed;"
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and tc" (b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and"
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. tc" (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear."
(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. tc "(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate."
(5) Nothing in this section applies to copies of decrees or orders. tc "(5) Nothing in this section applies to copies of decrees or orders." State Amendments Tamil Nadu: In section 34,—
(1) in sub-section (1), after the expression “persons executing such document”, the expression “and in the case of document for sale of property, the persons claiming under that document” shall be inserted;
(2) in sub-section (3), in clause (b), after the expression “executed the document”, the expression “or they are claiming under the document” shall be inserted.
(3) after section 34, the following section insert:— “34A. Person claiming under document for sale of property also to sign document.—Subject to the provisions of this Act, no document for sale of peoperty shall be registered under this Act, unless the person claiming under the document has also signed such document.”. [Vide Tamil Nadu Act 28 of 2000].
35. Procedure on admission and denial of execution respectively.—
(1)
(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or tc "(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or"
(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, tc "(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution," the registering officer shall register the document as directed in sections 58 to 61 inclusive. tc "the registering officer shall register the document as directed in sections 58 to 61 inclusive."
(2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office. tc "(2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office."
(3) (a) If any person by whom the document purports to be executed denies its execution, or tc "(3) (a) If any person by whom the document purports to be executed denies its execution, or"
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or tc "(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or"
(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, tc "(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution," the registering officer shall refuse to register the document as to the person so denying, appearing or dead: tc "the registering officer shall refuse to register the document as to the person so denying, appearing or dead\:" Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII: tc "Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII\:" 50 [Provided further that the 51 [State Government] may, by notification in the 52 [Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]
36. Procedure where appearance of executant or witness is desired.—If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or Court as the 2[State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named therein. tc "36. Procedure where appearance of executant or witness is desired.—If any person presenting any document for registration or claiming under any document, which is capable of being so presented, desires the appearance of any person whose presence or testimony is necessary for the registration of such document, the registering officer may, in his discretion, call upon such officer or Court as the 2[State Government] directs in this behalf to issue a summons requiring him to appear at the registration office, either in person or by duly authorized agent, as in the summons may be mentioned, and at a time named therein." State Amendments Gujarat: Same as that of Maharashtra. [Vide Act 11 of 1960, sec. 87; Gujarat A.L.O., 1960]. Maharashtra: In section 36, for the words “may, in his discretion” the words “in his discretion, may, upon receipt of the prescribed fee, issue or may” were substituted; and after the word “issue” a comma was inserted. [Vide Bombay Act 5 of 1929, sec. 6 (w.e.f. 22-5-1929) read with Bombay Act 35 of 1958, sec. 2 (w.e.f. 24-4-1958)].
37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required. tc" 37. Officer or Court to issue and cause service of summons.—The officer or Court, upon receipt of the peon’s fee payable in such cases, shall issue the summons accordingly, and cause it to be served upon the person whose appearance is so required."
38. Persons exempt from appearance at registration-office.—
(1)
(a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or tc" 38. Persons exempt from appearance at registration-office.—(1) (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or"
(b) a person in jail under civil or criminal process, or tc "(b) a person in jail under civil or criminal process, or"
(c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office, tc "(c) person exempt by law from personal appearance in Court, and who would but for the provisions next hereinafter contained be required to appear in person at the registration-office," shall not be required so to appear.
(2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination. tc "(2) In the case of every such person the registering officer shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination."
39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act. tc "39. Law as to summonses, commissions and witnesses.—The law in force for the time being as to summonses, commissions and compelling the attendance of witnesses, and for their remuneration in suits before Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commission issued and any person summoned to appear under the provisions of this Act." tc "OF PRESENTING WILLS AND AUTHORITIES TO ADOPT"
40. Persons entitled to present wills and authorities to adopt.—(l) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration. tc "40. Persons entitled to present wills and authorities to adopt.—(l) The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration."
(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration. tc "(2) The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to any Registrar or Sub-Registrar for registration."
41. Registration of wills and authorities to adopt.—
(1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document. tc "41. Registration of wills and authorities to adopt.—(1) A will or an authority to adopt, presented for registration by the testator or donor, may be registered in the same manner as any other document."
(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied— tc "(2) A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied—"
(a) that the will or authority was executed by the testator or donor, as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section 40, entitled to present the same.
42. Deposit of wills.—Any testator may, either personally or by duly authorized agent, deposit with any Registrar his will in a sealed cover superscribed with the name of the testator and that of his agent (if any) and with a statement of the nature of the document.
43. Procedure on deposit of wills.—
(1) On receiving such cover, the Registrar, if satisfied that the person presenting the same for deposit is the testator or his agent, shall transcribe in his Register-book No. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month, day and hour of such presentation and receipt, and the names of any persons who may testify to the identity of the testator or his agent, and any legible inscription which may be on the seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.
44. Withdrawal of sealed cover deposited under section 42.—If the testator who has deposited such cover wishes to withdraw it, he may apply, either personally or by duly authorized agent, to the Registrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor.—(l) If, on the death of a testator who has deposited a sealed cover under section 42, application be made to the Registrar who holds it in deposit to open the same, and if the Registrar is satisfied that the testator is dead, he shall, in the applicant’s presence, open the cover, and, at the applicant’s expense, cause the contents thereof to be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall re-deposit the original will. State Amendments Goa: In section 45,—
46. Saving of certain enactments and powers of Courts.—
(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will. tc "46. Saving of certain enactments and powers of Courts.—(1) Nothing hereinbefore contained shall affect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the production of any will."
(2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid. tc "(2) When any such order is made, the Registrar shall, unless the will has been already copied under section 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on such copy that the original has been removed into Court in pursuance of the order aforesaid." State Amendments Goa: In section 46,—
47. Time from which registered document operates.—A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. tc "47. Time from which registered document operates.—A registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration."
48. Registered documents relating to property when to take effect against oral agreements.—All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any order agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession 53 [and the same constitutes a valid transfer under any law for the time being in force: tc "48. Registered documents relating to property when to take effect against oral agreements.—All non-testamentary documents duly registered under this Act, and relating to any property, whether movable or immovable, shall take effect against any order agreement or declaration relating to such property, unless where the agreement or declaration has been accompanied or followed by delivery of possession 1[and the same constitutes a valid transfer under any law for the time being in force\:" Provided that a mortgage by deposit of title-deeds as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against any mortgage-deed subsequently executed and registered which relates to the same property.]
49. Effect of non-registration of documents required to be registered.—No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— tc "49. Effect of non-registration of documents required to be registered.—No document required by section 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—"
(a) affect any immovable property comprised therein, or tc" (a) affect any immovable property comprised therein, or"
(b) confer any power to adopt, or tc" (b) confer any power to adopt, or"
(c) be received as evidence of any transaction affecting such property or conferring such power, tc" (c) be received as evidence of any transaction affecting such property or conferring such power," unless it has been registered: 54 [Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 55, 56 [***] or as evidence of any collateral transaction not required to be effected by registered instrument.] tc "1[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)2, 3[***] or as evidence of any collateral transaction not required to be effected by registered instrument.]" State Amendment Uttar Pradesh: In section 49,—
50. Certain registered documents relating to land to take effect against unregistered documents.—
(1) Every document of the kinds mentioned in clauses
(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act. tc "(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act." Explanation.— In cases where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, “unregistered” means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act. tc" Explanation.— In cases where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, “unregistered” means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act." State Amendments Andhra Pradesh: In section 50, in sub-section (1), for the expression “clauses (a), (b), (c) and (d) of section 17”, the expression “clauses (a), (b), (c), (d), (e), (f) and (g) of section 17” shall be substituted. [Vide Andhra Pradesh Act 4 of 1999, sec. 6 (w.e.f. 1-4-1999)]. Pondicherry: For Explanation to section 50, substitute the following, namely:— “Explanation.—“Unregistered” means not registered according to any law in force before the 9th day of January, 1969 or this Act.” [Vide Pondicherry Act 17 of 1970, sec. 3 (w.e.f. 1-11-1970)]. Uttar Pradesh: In section 50,—
51. Register-books to be kept in the several offices.—
(1) The following books shall be kept in the several offices hereinafter named, namely:— tc "51. Register-books to be kept in the several offices.—(1) The following books shall be kept in the several offices hereinafter named, namely\:—" A—In all registration offices— tc "A—In all registration offices—" Book 1, “Register of non-testamentary documents relating to immovable property”. Book 2, “Record of reasons for refusal to register”. Book 3, “Register of wills and authorities to adopt”, and Book 4, “Miscellaneous Register”. B—In the offices of Registrars— Book 5, “Register of deposits of wills”.
(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property. tc "(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property."
(4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar. tc "(4) Nothing in this section shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar." State Amendments Andhra Pradesh: In section 51, in sub-section (1), for the words “The following books”, the words “The following books and the information storage devices as specified in sub-section (1) of section 16” shall be substituted. [Vide Andhra Pradesh Act 16 of 1999, sec. 4 (w.e.f. 31-12-1998)]. Bihar: To section 51 the following new sub-section shall be added, namely:— “(5)(a) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in danger of being destroyed or becoming illegible wholly or partially, the Registrar may, by a written order, direct such book or such portion thereof as he thinks fit to be recopied and authenticated in such manner as may be prescribed under section 69, and the copy so prepared and authenticated shall, for the purposes of this Act, and of the Indian Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion, and all references in this Act to the original book or portion shall be deemed to be references to the book or portion prepared and authenticated as aforesaid.
52. Duties of registering officers when document presented.—(l)
53. Entries to be numbered consecutively.—All entries in each book shall be numbered in a consecutive series, which shall commence and terminate with the year, a fresh series being commenced at the beginning of each year. State Amendment Maharashtra and Gujarat: For modifiaction of section 53, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, sec. 87.
54. Current indexes and entries therein.—In every office in which any of the books hereinbefore mentioned are kept, there shall be prepared current indexes of the contents of such books; and every entry in such indexes shall be made, so far as practicable, immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates. State Amendments Bihar: Section 54 shall be renumbered as sub-section
55. Indexes to be made by registering officers, and their contents.—
(1) Four such indexes shall be made in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. III and Index No. IV.
(2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1. tc "(2) Index No. I shall contain the names and additions of all persons executing and of all persons claiming under every document entered or memorandum filed in Book No. 1."
(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf. tc "(3) Index No. II shall contain such particulars mentioned in section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf."
(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same. tc "(4) Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, and after the death of the testator or the donor (but not before) the names and additions of all persons claiming under the same."
(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4. tc "(5) Index No. IV shall contain the names and additions of all persons executing and of all persons claiming under every document entered in Book No. 4."
(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs. tc "(6) Each Index shall contain such other particulars, and shall be prepared in such form, as the Inspector-General from time to time directs." State Amendments Goa: In section 55,—
56. Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.—[Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), sec. 2.]
57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.—
(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies. tc "57. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries.—(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies of entries in such books shall be given to all persons applying for such copies."
(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. tc "(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies."
(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative. tc "(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative."
(4) The requisite search under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer. tc "(4) The requisite search under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer."
(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents. State Amendments Gujarat: Same as in Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Maharashtra: In sub-section (1), after the words and figure “Book No. 1”, the following words and figures were inserted, namely: “and, so long as they are preserved, the copies filed under sub-sections (1) and (3) of section 89 and the indexes relating to such copies.” [Vide Bombay Acts 5 of 1929, sec. 10 (w.e.f. 22-5-1929) read with 35 of 1958 (w.e.f. 24-4-1958)].
58. Particulars to be endorsed on documents admitted to registration.—(l) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:—
59. Endorsements to be dated and signed by registering officer.—The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day. tc "59. Endorsements to be dated and signed by registering officer.—The registering officer shall affix the date and his signature to all endorsements made under sections 52 and 58, relating to the same document and made in his presence on the same day."
60. Certificate of registration.—
(1) After such of the provisions of sections 34, 35, 58 and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “registered”, together with the number and page of the book in which the document has been copied.
(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned. tc "(2) Such certificate shall be signed, sealed and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in manner provided by this Act, and that the facts mentioned in the endorsement, referred to in section 59 have occurred as therein mentioned." State Amendments Bihar: In sub-section (1), for the words “together with the number and page of the book in which the document has been copied” the words “together with reference to the serial number of the duplicate copy and the number of the book in which it is placed” shall be substituted. [Vide Bihar Ordinance 7 of 1997, sec. 4 (w.e.f. 11-8-1997)]. Goa: In section 60, in sub-section (1), for the words “the document has been copied”, the words “the true copy of the document has been filed” shall be substituted. [Vide Goa Act 24 of 1985, sec. 9 (w.e.f. 5-12-1985)]. Karnataka: Amendments to section 60 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 10 (w.e.f. 24-10-1976)]. Kerala: In sub-section (1) of section 60, for the words “the document has been copied”, the words “the true copy of the document has been filed” shall be substituted. [Vide Kerala Act 7 of 1968, sec. 11 (w.e.f. 22-2-1968)]. Maharashtra and Gujarat: For modification of section 60(1), see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, sec. 87 (w.e.f. 1-5-1960)]. Orissa: Amendments to section 60 are the same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 10 (w.e.f. 19-9-1989)]. Pondicherry: In its application to documents specified by Rules framed under section 52(3) of the Act as obtaining in Pondicherry, section 60 shall stand modified as under: For the words “the document has been copied”, the words “true copy of the document has been filed”, shall be substituted. [Vide Pondicherry Act 17 of 1970, Sch., Item (6) (w.e.f. 1-11-1970)]. Tripura: In section 60, for the words “the document has been copied”, substitute the words “the true copy of the document has been pasted”. [Vide Tripura Act 7 of 1982, sec. 10 (w.e.f. 1-1-1983)]. Tamil Nadu and West Bengal: For modifications to sections 60 and 61, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.
61. Endorsements and certificate to be copied and document returned.—
(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1. tc "61. Endorsements and certificate to be copied and document returned.— (1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1."
(2) The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52. State Amendments Andhra Pradesh: In section 61, after sub-section (1), add the following:— “Provided that the copying of the items referred to above may be done by using electronic devices like scanner.” [Vide Andhra Pradesh Act 16 of 1999, sec. 5 (w.e.f. 31-12-1998)]. Goa: Section 61(1) be substituted as under: “(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document, and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed alongwith the true copy of the document.“ [Vide Goa Act 24 of 1985, sec. 10 (w.e.f. 8-12-1985)]. Karnataka: Amendments to section 61 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 11 (w.e.f. 24-10-1976)]. In section 61, in sub-section (2), after the words “returned” the words “in the manner prescribed by rules” shall be inserted. [Vide Karnataka Act 41 of 1984, sec. 3 (w.e.f. 7-11-1986)]. Kerala: For sub-section (1) of section 61 substitute the following:— “(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the true copy of the document presented along with the document and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed alongwith the true copy of the document.” [Vide Kerala Act 7 of 1968, sec. 12 (w.e.f. 22-2-1968)]. Maharashtra and Gujarat: For omission of sub-section (1) of section 61, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, sec. 87 (w.e.f. 1-5-1960). Orissa: Same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 11 (w.e.f. 19-9-1989)]. Pondicherry: In relation to documents specified in the Rules framed under section 52(3) as obtaining in Pondicherry, section 61 shall stand modified as follows:— For the words “copied into the margin of the register book” in sub-section (1) the words “copied in the true copy of the document filed under sub-section (1B) of section 52” shall be substituted. [Vide Pondicherry Act 17 of 1970, Sch. Item 7 (w.e.f. 1-11-1970)]. Tamil Nadu: Same as in West Bengal. [Vide Tamil Nadu Act 21 of 1966, sec. 6 and Sch.]. In section 61, in sub-section (1), the following proviso shall be added, namely:— “Provided that in the office of the Registering Officer notified by the State Government under sub-section (1) of section 70B, the copying of the items referred to above may be done using electronic devices like scanner.” [Vide Tamil Nadu Act 50 of 2000, sec. 5 (w.e.f. 25-7-2000)]. Tripura: In section 61(1), omit the words “the margin of”. [Vide Tripura Act 7 of 1982, sec. 11 (w.e.f. 1-1-1983)]. West Bengal: In section 61, in sub-section (1), omit the words “the margin of”. [Vide West Bengal Act 7 of 1989, sec. 11 (w.e.f 1-1-1983)].
62. Procedure on presenting document in language unknown to registering officer.—
(1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office. tc "62. Procedure on presenting document in language unknown to registering officer.—(1) When a document is presented for registration under section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in section 19, shall be filed in the registration office."
(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original. tc "(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65 and 66, the translation shall be treated as if it were the original." State Amendments Delhi: Same as in Punjab. [See G.S.R. 465, Gazette of India, Pt. II, Sec. 3(i), p. 499 (w.e.f. 1-4-1965)]. Goa: Section 62(1) be substituted as under: “(1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book.” [Vide Goa Act 24 of 1985, sec. 11 (w.e.f. 5-12-1985)]. Himachal Pradesh: Same as in Punjab. [Vide Himachal Pradesh Act 2 of 1969, sec. 6 (w.e.f. 1-4-1969)]. Karnataka: Amendment to section 62(1) is the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 12 (w.e.f. 24-10-1976)]. Kerala: For sub-section (1) of section 62, substitute the following:— “(1) When a document is presented for registration under section 19, the translation together with the true copy of the document shall be filed in the appropriate book.” [Vide Kerala Act 7 of 1966, sec. 13 (w.e.f. 22-2-1968)]. Maharashtra and Gujarat: For modifications in sub-section (1) of section 62, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930) and Act 11 of 1960, sec. 87 (w.e.f. 1-5-1960). Orissa: Same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 12 (w.e.f. 19-9-1989)]. Pondicherry: In its application to classes of documents specified in the Rules made under section 52(3), the section shall have effect subject to the following modification. Sub-section (1) is the same as in Kerala. [Vide Pondicherry Act 17 of 1970, Sch., Item 7, (w.e.f. 1-11-1970)]. Punjab, Haryana and Chandigarh: For sub-section (1) of section 62 substitute the following:— “(1) When a document is presented for registration under section 19, a copy of the translation shall be pasted in the register of document of the nature of the original, and the second copy of the translation, together with the copy referred to in section 19, shall be filed in the registration office.“ [Vide Punjab Act 19 of 1961, sec. 5 (w.e.f. 4-5-1961); Act 31 of 1966, sec. 88]. Rajasthan: Substitute section 62(1) as under: “(1) When a document is presented for registration under section 19, a copy of the translation shall be pasted in the register of documents of the nature of the original, and the second copy of the translation together with the copy referred to in section 19, shall be filed in the registration office.” [Vide Rajasthan Act 11 of 1982, sec. 6 (w.e.f. 16-7-1982)]. Tripura: Substitute section 62(1) as under: “When a document is presented for registration under section 19, the true translation together with the true copy referred to in that section shall be pasted in the register of documents of the nature of the original and the second copy of the translation shall be filed with registration office.” [Vide Tripura Act 7 of 1982, sec. 12 (w.e.f. 1-1-1983)]. Tamil Nadu: Same as in Kerala. [Vide Tamil Nadu Act 21 of 1966, sec. 6 and Sch.]. Uttar Pradesh: To section 62(1), an Explanation was added by Uttar Pradesh Act 14 of 1971. The Explanation has now been omitted by Uttar Pradesh Act 19 of 1981, sec. 12 (w.r.e.f. 1-8-1981).
63. Power to administer oaths and record of substance of statements.—
(1) Every registering officer may, at his discretion, administer an oath to any person examined by him under the provisions of this Act.
(2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer. tc "(2) Every such officer may also at his discretion record a note of the substance of the statement made by each such person, and such statement shall be read over, or (if made in a language with which such person is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admits the correctness of such note, it shall be signed by the registering officer."
(3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated. tc "(3) Every such note so signed shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated."
64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1. tc "64. Procedure where document relates to land in several sub-districts.—Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book No. 1."
65. Procedure where document relates to land in several districts.—
(1) Every Sub-Registrar on registering a non-testamentary document relating to immovable property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with a copy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate.
(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and the copy of the map or plan (if any), and shall forward a memorandum of the document to each of the Sub-Registrars subordinate to him within whose sub-district any part of such property is situate; and every Sub-Registrar receiving such memorandum shall file in his Book No. 1.
66. Procedure after registration of documents relating to land.—
(1) On registering any non-testamentary document relating to immovable property, the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate. tc" 66. Procedure after registration of documents relating to land.—(1) On registering any non-testamentary document relating to immovable property, the Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate."
(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate. tc "(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan (if any) mentioned in section 21, to every other Registrar in whose district any part of such property is situate."
(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate. tc "(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate."
(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1. tc "(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1."
[***] State Amendments Andhra Pradesh: Section 67 shall stand omitted. [Vide Andhra Pradesh Act 13 of 1966, sec. 2 (w.e.f. 15-6-1966)]. Gujarat: Section 67 shall be deleted. [Vide Gujarat Act 18 of 1990, sec. 3 (w.e.f. 19-11-1990)]. Haryana: Section 67 be omitted. [Vide Haryana Act 4 of 1997, sec. 3 (w.e.f. 12-3-1997)]. Rajasthan: Section 67 be omitted. [Vide Rajasthan Act 18 of 1989, sec. 5 (w.e.f. 18-9-1989)]. Uttar Pradesh: Section 67 shall be omitted. [Vide Uttar Pradesh Act 27 of 1994, sec. 6].
68. Power of Registrar to superintend and control Sub-Registrars.—
(1) Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of the rectification of any error regarding the book or the office in which any document has been registered. State Amendment Sections 68A and 68B Bihar: After section 68 insert as under: “68A. Prohibition of unlicensed person.—(1) No person who is not licensed as provided under section 68B, shall engage himself in the profession of document-writer and document drawn-up and signed by a person who does not hold a licence shall not be accepted for registration by the registering officers: Provided that no advocate, pleader or Mukhtar shall be required to have a licence under section 68B.
(2) Nothing in this section shall prohibit an executant of document to draw up a document to be presented for registration or to do any other act for himself for which a licensed document-writer could have been otherwise engaged.
69. Power of Inspector-General to superintend registration offices and make rules.—
(1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the 59 [State Government], and shall have power from time to time to make rules consistent with this Act— tc "69. Power of Inspector-General to superintend registration offices and make rules.—(1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the 1[State Government], and shall have power from time to time to make rules consistent with this Act—"
(a) providing for the safe custody of books, papers and documents; 60 [***] tc" (a) providing for the safe custody of books, papers and documents; 2[***]"
(b) declaring what language shall be deemed to be commonly used in each district; tc" (b) declaring what language shall be deemed to be commonly used in each district;"
(c) declaring what territorial divisions shall be recognized under section 21;
(d) regulating the amount of fines imposed under sections 25 and 34, respectively;
(e) regulating the exercise of the discretion reposed in the registering officer by section 63;
(f) regulating the form in which registering officers are to make memoranda of documents;
(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;
62 [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]
(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;
(i) declaring the holidays that shall be observed in the registration offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.
(2) The rules so made shall be submitted to the 63 [State Government] for approval, and, after they have been approved, they shall be published in the 64 [Official Gazette], and on publication shall have effect as if enacted in this Act. State Amendments Andhra Pradesh: In section 69, after clause (b) of sub-section (1), insert the following clause (bb), namely:— “(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration.” [Vide Andhra Pradesh Act 5 of 1960, sec. 2 (w.e.f. 16-12-1960)]. Bihar: In section 69,—
70. Power of Inspector-General to remit fines.—The Inspector-General may also, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under section 25 or section 34, and the amount of the proper registration fee. State Amendments Andhra Padesh: In its application to the State of Andhra Pradesh, after Part XI, insert the following Part XIA, namely,— “Part IXA Registration of Documents by Means of electronic Devices
71. Reasons for refusal to register to be recorded.—
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. tc "71. Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded."
(2) 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. tc "(2) 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."
72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.—
(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order. tc "72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.—(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order."
(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration. tc "(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60; and such registration shall take effect as if the document had been registered when it was first duly presented for registration."
73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.—
(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered. tc "73. Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.—(1) When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under such document, or his representative, assign or agent authorized as aforesaid, may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered."
(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints. tc "(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section 71, and the statements in the application shall be verified by the applicant in manner required by law for the verification of plaints."
74. Procedure of Registrar on such application.— In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire— tc "74. Procedure of Registrar on such application.— In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire—"
(a) whether the document has been executed; tc" (a) whether the document has been executed;"
(b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration. tc" (b) whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration."
75. Order by Registrar to register and procedure thereon.—
(1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered. tc "75. Order by Registrar to register and procedure thereon.—(1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered."
(2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60. tc "(2) If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60."
(3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration. tc "(3) Such registration shall take effect as if the document had been registered when it was first duly presented for registration."
(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908). tc "(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witness, and compel them to give evidence, as if he were a Civil Court and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908)."
76. Order of refusal by Registrar.—
(1) Every Registrar refusing— tc "76. Order of refusal by Registrar.—(1) Every Registrar refusing—"
(a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or tc" (a) to register a document except on the ground that the property to which it relates is not situate within his district or that the document ought to be registered in the office of a Sub-Registrar, or"
(b) to direct the registration of a document under section 72 or section 75, shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or section 72.
77. Suit in case of order of refusal by Registrar.—
(1) 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.
(2) 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. tc "(2) 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."
78. Fees to be fixed by State Government.— 65 [***] The 66 [State Government] shall prepare a table of fees payable—
(a) for the registration of documents; tc" (a) for the registration of documents;"
(b) for searching the registers; tc" (b) for searching the registers;"
(c) for making or granting copies of reasons, entries or documents, before on or after registration; tc" (c) for making or granting copies of reasons, entries or documents, before on or after registration;" and of extra or additional fees payable— tc" and of extra or additional fees payable—"
(d) for every registration under section 30; tc" (d) for every registration under section 30;"
(e) for the issue of commissions; tc" (e) for the issue of commissions;"
(f) for filing translations; tc" (f) for filing translations;"
(g) for attending at private residences; tc" (g) for attending at private residences;"
(h) for the safe custody and return of document; and tc" (h) for the safe custody and return of document; and"
(i) for such other matters as appear to the Government necessary to effect the purposes of this Act. tc" (i) for such other matters as appear to the Government necessary to effect the purposes of this Act." State Amendments Kerala: Renumber section 78 as sub-section (1) thereof and after it insert the following as sub-section (2), namely:— “(2) The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1) either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons.” [Vide Kerala Act 7 of 1968, sec. 14 (w.e.f. 22-2-1968)]. Pondicherry: Section 78 be renumbered as sub-section (1), insert sub-section (2) as under— “(2) The State Government, if it is of opinion that there are reasonable grounds for doing so, may, by order published in the Official Gazette, remit in the whole or any part of the Union territory of Pondicherry, any fee or fees payable in respect of any matter or matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons.” [Vide Regulation 2 of 1977, sec. 3 (w.e.f. 1-4-1977)]. Rajasthan: Section 78 be renumbered as sub-section (1), insert sub-section (2), as under— “(2) The State Government may, if in its opinion it is necessary in the public interest so to do, by order published in the Official Gazette, remit or reduce the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons.” [Vide Rajasthan Act 16 of 1976, sec. 4 (w.e.f. 13-2-1976)]. West Bengal: Renumber section 78 as sub-section (1) thereof and after it, insert the following sub-section, namely:— “(2) The State Government, if it is of opinion that there are reasonable grounds for doing so, may, by order published in the Official Gazette, remit in the whole or any part of West Bengal any fee or fees in respect of any matter or matters enumerated in clauses (a) to (i) of sub-section (1), either generally or for any particular class or classes of cases and in respect of persons generally or of any particular class or classes of persons.” [Vide West Bengal Act 8 of 1956, sec. 3 (27-1-1956)]. Section 78A Goa: After section 78, insert as under— “78A. Power to reduce or remit fees.—If the Government of Goa, Daman and Diu is satisfied that it is necessary in the public interest so to do, it may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territory, any fee or fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class or classes of cases and in respect of persons generally or any particular class or classes of persons.” [Vide Goa Act 14 of 1985, sec. 2 (27-6-1985)]. Tamil Nadu: In its application to the State of Tamil Nadu, after section 78, added the following new section, namely,— “78A.Power to reduce or remit fees.—The State Government may, if in their opinion it is necessary in the public interest so to do, by order published in the Tamil Nadu Government Gazette, reduce or remit, whether prospectively or retrospectively, the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, either generally or for any particular class of cases and in respect of any person or class of persons.” [Vide Tamil Nadu Act 1 of 1998, sec. 2 (w.e.f. 2-3-1998)]. Uttar Pradesh: After section 78, insert as under— “78A. Power to reduce or, remit fees.—The State Government may by rule or order published in the official Gazette, reduce or remit, whether prospectively or retrospectively, in the whole or any part of the territories under its administration, the fees chargeable in respect of any instrument or class of instruments, or in respect of any class of instruments when executed by or in favour of the State Government or any person or class of persons.” [Vide Uttar Pradesh Act 48 of 1975, sec. 4 (w.e.f. 1-11-1975)].
79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office. tc "79. Publication of fees.—A table of the fees so payable shall be published in the Official Gazette, and a copy thereof in English and the vernacular language of the district shall be exposed to public view in every registration office."
80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be payable on the presentation of such documents. tc "80. Fees payable on presentation.—All fees for the registration of documents under this Act shall be payable on the presentation of such documents." State Amendments Andhra Pradesh: After section 80 of the principal Act, the following section shall be inserted, namely:— “80A. Recovery of deficit registration fees.—
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure.—Every registering officer appointed under this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. State Amendments Goa: In section 81,—
82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment.—Whoever— tc "82. Penalty for making false statements, delivering false copies or translations, false personation, and abetment.—Whoever—"
(a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or tc" (a) intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or"
(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or tc" (b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or"
(c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or tc" (c) falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or"
(d) abets anything made punishable by this Act, tc" (d) abets anything made punishable by this Act," shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both. State Amendments Goa: In section 82 of the principal Act, for the words and figures “section 19 or section 21”, the words “this Act or the rules made thereunder” shall be substituted. [Vide Goa Act 24 of 1985, sec. 13 (w.e.f. 5-12-1985)]. Karnataka: Amendment to section 82(b) is the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 16 (w.e.f. 23-10-1976)]. Kerala: In clause (b) of section 82, for the words “section 19 or section 21”, substitute the words “this Act or the rules made thereunder”. [Vide Kerala Act 7 of 1968, sec. 16 (w.e.f. 22-2-1968)]. Orissa: Same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 13 (w.e.f. 19-9-1989)]. Pondicherry: Same as in Kerala. [Vide Pondicherry Act 17 of 1970, sec. 6 (w.e.f. 1-11-1970)]. Tamil Nadu: Same as in Kerala. [Vide Tamil Nadu Act 21 of 1966, sec. 4 (w.e.f. 1-4-1967)]. Tripura: Substitute section 82(b) as under: “(b) intentionally delivers to a registering officer, in any proceeding under this Act or the rules made thereunder, a false copy or translation of a document, or a false copy of a map or plan; or”. [Vide Tripura Act 7 of 1982, sec. 15 (w.e.f. 1-1-1983)]. Uttar Pradesh: In section 82, clause (b) was substituted as under: “(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or”—Uttar Pradesh Act 14 of 1971, sec. 6 (w.e.f. 25-5-1971). This clause has now been substituted by Uttar Pradesh Act 19 of 1981, sec. 14 (w.r.e.f. 1-8-1981) and the substituted clause is the same as original clause (b). West Bengal: Same as in Kerala. [Vide West Bengal Act 17 of 1978, sec. 5 (w.e.f. 1-1-1983)]. Section 82A Karnataka: After section 82, insert as under: “82A. Penalty in respect of deed-writers.—Whoever contravenes the provisions of section 80B or any term or condition of a licence granted under rules made under section 69, shall be punishable with imprisonment which may extend to one month or with fine which may extend to two hundred rupees or with both.” [Vide Karnataka Act 55 of 1976, sec. 17 (w.e.f. 23-10-1976)]. Madhya Pradesh:
83. Registering officers may commence prosecutions.—
(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, 67 [***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed. tc "83. Registering officers may commence prosecutions.—(1) A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced by or with the permission of the Inspector-General, 1[***] the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed."
(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class. tc "(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers not less than those of a Magistrate of the second class." State Amendments Goa, Daman and Diu: In section 83, for sub-section (1), substitute the following:— “(1) No prosecution for any offence under this Act shall be commenced save by or with the permission of the Inspector-General or any officer empowered in this behalf by the Government.” [Vide Goa Act 2 of 1968, sec. 3]. Tamil Nadu: In section 83, in sub-section (2), for the word “Offences”, the words, figures and letter “Save as provided in section 80G, offences” shall be substituted. [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 1-1-1988)]. West Bengal: In sub-section (2), for the word “Offences”, substitute the words, figure and letter “Save as provided in section 80F, offences”. [Vide Bengal Act 5 of 1942, sec. 11 (w.e.f. 1-11-1943)].
84. Registering officers to be deemed public servants.—
(1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860). tc "84. Registering officers to be deemed public servants.—(1) Every registering officer appointed under this Act shall be deemed to be a public servant within the meaning of the Indian Penal Code (45 of 1860)."
(2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so. tc "(2) Every person shall be legally bound to furnish information to such registering officer when required by him to do so."
(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act. tc "(3) In section 228 of the Indian Penal Code (45 of 1860), the words “judicial proceeding” shall be deemed to include any proceeding under this Act." tc "MISCELLANEOUS"
85. Destruction of unclaimed documents.—Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed. tc "85. Destruction of unclaimed documents.—Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed."
86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity. tc "86. Registering officer not liable for thing bona fide done or refused in his official capacity.—No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity."
87. Nothing so done invalidated by defect in appointment or procedure.— Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure. tc "87. Nothing so done invalidated by defect in appointment or procedure.— Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure." State Amendment Orissa: After section 87, insert the following new section:— “87A. Delegation of powers.—The State Government may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated.” [Vide Orissa Act 7 of 1964, sec. 2 (w.e.f. 4-5-1964)].
68 [88. Registration of documents executed by Government officers or certain public functionaries.—
(1) Notwithstanding anything contained in this Act, it shall not be necessary for,— tc "1[88. Registration of documents executed by Government officers or certain public functionaries.—(1) Notwithstanding anything contained in this Act, it shall not be necessary for,—"
(a) any officer of Government, or tc" (a) any officer of Government, or"
(b) any Administrator-General, Official Trustee or Official Assignee, or tc" (b) any Administrator-General, Official Trustee or Official Assignee, or"
(c) the Sheriff, Receiver or Registrar of a High Court, or tc" (c) the Sheriff, Receiver or Registrar of a High Court, or"
(d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government, tc" (d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government," to appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58.
(2) Any instrument executed by or in favour of an officer of Government or any other person referred to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made under section 69. tc "(2) Any instrument executed by or in favour of an officer of Government or any other person referred to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made under section 69."
(3) The registering officer to whom any instrument is presented for registration under this section may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or other person referred to in sub-section (1) for information respecting the same and, on being satisfied of the execution thereof, shall register the instrument.]
89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.—
(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1. tc" 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed.—(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1."
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1. tc "(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1."
(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1. tc "(3) Every officer granting a loan under the Agriculturists’ Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also of that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1."
(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1. State Amendments Andhra Pradesh: For sub-section (5) of section 89 substitute as under: “(5) An officer empowered to grant a certificate of sale of immovable property under the Andhra Pradesh Co-operative Societies Act, 1964 or the rules made thereunder shall send a copy of such certificate to the registering oficer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate; and such registering officer shall file the copy in his Book No. 1.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
(3) All rules made under this section shall be published in the Official Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this section shall be laid, as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Goa Act 24 of 1985, sec. 14 (w.e.f. 5-12-1985)]. Karnataka: After section 89, insert as under: “89A. Power to make rules for filing of copies of documents.—(1) The State Government may make rules for all purposes connected with the preparation or filing of true copies of documents in the appropriate books under this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for—
(3) All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(3) All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Kerala Act 7 of 1968, sec. 18 (w.e.f. 22-2-1968)]. Note.—For Indian Registration (Filing of True Copies) Rules, 1967, see Kerala Gazette, dated 30th December, 1967 Extra. (w.e.f. 8-1-1968). Orissa: After section 89, insert the following section:— “89A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899.—(1) It shall be the duty of the Collector, if he is satisfied during the proceedings, if any, under section 47A of the Indian Stamp Act, 1899, that the fees for registration paid under this Act in respect of a document is in deficit to determine in the course of such proceedings the deficient amount of fees to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue.
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47A of the Indian Stamp Act, 1899, and shall be final subject to the decision in appeal, if any, under sub-section (3) of the said section.” [Vide Orissa Act 17 of 1966, sec. 2 (w.e.f. 11-7-1966)]. Pondicherry: After section 89, insert the following:—
(1)
(2) Same as in Tamil Nadu.
(3)
(4) Every rule made under this section shall, as soon as possible after it is made, be laid before the Legislative Assembly, Pondicherry, while it is in session for a total period of 14 days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the sessions aforesaid, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Pondicherry Act 17 of 1970, sec. 7 (w.e.f. 1-11-1970)]. Tamil Nadu: After section 89, insert the following, namely:— “89A. Power to make rules for filing copies of documents.—(1) Same as in Kerala.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(3) Same as in Kerala.
(4) Every rule made under this section shall, as soon as possible, after it is made, be placed on the table of both the Houses of the State Legislature, and if, before the expiry of the session in which it is so placed or the next session, both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.” [Vide Tamil Nadu Act 21 of 1986, sec. 5 (w.e.f. 1-4-1967). *. Inserted by Tamil Nadu Act 3 of 1987, sec. 2 (w.e.f. 1-4-1987). tc" *. Inserted by Tamil Nadu Act 3 of 1987, sec. 2 (w.e.f. 1-4-1987)." Note.—For Indian Registration (Filing of True Copies) Rules, 1967, see Fort St. Geo Gazette, 11-2-1967, Pt. V, Extra., p. 1. West Bengal: In its application to the State of West Bengal after section 89, section 89A(1) and (2), as inserted, are the same as in Karnataka. [Vide West Bengal Act 17 of 1978, sec. 6 (w.e.f. 1-1-1983)]. Section 89B Orissa: In its application to the State of Orissa, after section 89A, insert the following new section, namely,— “89B. Power of State government to make Rules.—(1) The State Government may, by notification in the Official Gazette, make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such Rules may provide for,—
90. Exemption of certain documents executed by or in favour of Government.—
(1) Nothing contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely:— tc" 90. Exemption of certain documents executed by or in favour of Government.—(1) Nothing contained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any time required, the registration of any of the following documents or maps, namely\:—"
(a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land-revenue, and which form part of the records of such settlement; or tc" (a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land-revenue, and which form part of the records of such settlement; or"
(b) documents and maps issued, received or authenticated by any officer engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey; or tc" (b) documents and maps issued, received or authenticated by any officer engaged on behalf of Government in making or revising the survey of any land, and which form part of the record of such survey; or"
(c) documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris or other officers charged with the preparation of village records; or tc" (c) documents which, under any law for the time being in force, are filed periodically in any revenue office by patwaris or other officers charged with the preparation of village records; or"
(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land; or tc" (d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants or assignments by Government of land or of any interest in land; or"
(e) notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879, or relinquishment of occupancy by occupants, or of alienated land by holders of such land. tc" (e) notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879, or relinquishment of occupancy by occupants, or of alienated land by holders of such land."
(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act. tc "(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act." State Amendment Goa, Daman and Diu: In sub-section (1), in sub-clause (d), for the words “grants or assignments by Government of land or of any interest in land”, substitute the words “grants, assignments or leases by Government of immovable property or of any interest in immovable property”. [Vide Goa, Daman and Diu Act 2 of 1968, sec. 4].
91. Inspection and copies of such documents.— 69 [
(1) ] Subject to such rules and the previous payment of such fees as the 70 [ 71 [State Government], by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies. tc" 91. Inspection and copies of such documents.—1[(1)] Subject to such rules and the previous payment of such fees as the 2[3[State Government], by notification in the Official Gazette, prescribes in this behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and all registers of the documents mentioned in clause (d), shall be open to the inspection of any person applying to inspect the same, and, subject as aforesaid, copies of such documents shall be given to all persons applying for such copies."
72 [(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.] tc "4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as it is made, before the State Legislature.]" State Amendments Section 91A Tripura: After section 91, insert as under: “91A. (1) The State Government may, by notification in the Official Gazette, make rules for all purposes connected with the pasting of true copies of documents in the appropriate Books under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
92. Burmese registration-rules confirmed.—[Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.]
93. Repeals.—[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.]
The Registration Act, 1908 THE SCHEDULE.—Repeal of enactments.—[Rep. by the Repealing Act, 1938 (1 of 1938), sec. 2 and Sch.] State Amendments Pondicherry: After section 91, insert the following Schedule:— “The Schedule [See section 52(5)] Modification of certain provisions of the Act Same as in Tamil Nadu, items 2 to 9 (i.e. items 1 to 8 in Pondicherry) except item 8, which is item 7 in Pondicherry and runs as under:— “(7) In sub-section (1) of section 61, for the words “copied into the margin of the register book”, substitute the words “copied into the true copy of the document filed under sub-section (1B) of section 52.” [Vide Pondicherry Act 17 of 1970, sec. 8 (w.e.f. 1-11-1970)]. Tamil Nadu: After section 91, insert the following Schedule, namely:— “The Schedule [See section 52(5)] 1. In section 19 omit the words “and also by a true copy”. 2. In section 45,— (a) in sub-section (1), for the words etc. “cause the contents thereof to be copied into his Book No. 3”, substitute the words, etc. “cause a true copy of the contents thereof to be made and filed in his Book No. 3”; and (b) in sub-section (2) for the words “copy has been made”, substitute the words “true copy has been filed”. 3. In sub-section (2) of section 46,— (a) for the words “unless the will has been already copied”, substitute the words “unless a true copy of the will has already been filed”; and (b) for the words etc. “cause the will to be copied into his Book No. 3”, substitute the words “cause a true copy to be made and filed in his Book No. 3”. 4. In section 51,— (a) for sub-section (2), substitute the following sub-section, namely:— “(2) In book I shall be filed— (i) true copies of all documents; and (ii) all memoranda, registered under sections 17, 18 and 89, which relate to immovable property, and are not wills.”; and (b) in sub-section (3), for the words “entered all documents”, substitute the words “filed true copies of all documents”. 5. In section 54, for the words “copied or filed”, substitute the words “filed a true copy of, or”. 6. In section 55,— (a) in sub-section (2), for the words “every” document entered or memorandum filed”, substitute the words “every document of which a true copy or memorandum is filed”; (b) in sub-section (4), for the words etc. “every will and authority entered in Book No. 3”, substitute the words, etc. “every will and authority of which a true copy is filed in Book No. 3”; and (c) in sub-section (5), for the words “document entered”, substitute the words “document of which a true copy is filed”. 7. In sub-section (1) of section 60, for the words “the document has been copied”, substitute the words the “true copy of the document has been filed”. 8. In sub-section (1) of section 61, omit the words “margin of”. 9. In section 62, for sub-section (1), substitute the following:— “(1) When a document is presented for registration under section 19, the translation together with the true copy of the document be filed in the appropriate book.” [Vide Tamil Nadu Act 21 of 1966, sec. 6 (w.e.f. 1-4-1967)]. West Bengal: After section 91, insertion of Schedule is the same as in Tamil Nadu. [Vide West Bengal Act 17 of 1978, sec. 7 (w.e.f. 1-1-1983)].
1. The word “Indian” omitted by Act 45 of 1969, sec. 2 (w.e.f. 26-12-1969). tc" 2. The word “Indian” omitted by Act 45 of 1969, sec. 2 (w.e.f. 26-12-1969)."
2. Subs. by Act 3 of 1951, sec. 3 and Sch., for sub-section (2) (w.e.f. 1-4-1951). tc" 3. Subs. by Act 3 of 1951, sec. 3 and Sch., for sub-section (2) (w.e.f. 1-4-1951)." tc "(3) It shall come into force on the first day of January, 1909."
3. The words “his caste (if any) and” omitted by Act 17 of 1956, sec. 2 (w.e.f. 6-4-1956).
4. Ins. by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951). tc ". Ins. by Act 3 of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951)."
5. Clause (11) ins. by the A.O. 1950, and omitted by Act 3 of 1951, sec. 3 and Sch (w.e.f.1-4-1951). tc" 2. Clause (11) ins. by the A.O. 1950, and omitted by Act 3 of 1951, sec. 3 and Sch (w.e.f.
6. Subs. by the A.O. 1950, for “Provincial Government”. tc "1. Subs. by the A.O. 1950, for “Provincial Government”."
7. Subs. by the A.O. 1950, for “the Crown”. tc" 2. Subs. by the A.O. 1950, for “the Crown”." tc "(2) Any Inspector-General may hold simultaneously any other office under the 2[Government]."
8. Subs. by the A.O. 1950, for “Provincial Government”. tc" 1. Subs. by the A.O. 1950, for “Provincial Government”."
9. Subs. by the A.O. 1937, for “Local Official Gazette”. tc". Subs. by the A.O. 1937, for “Local Official Gazette”."
10. Subs. by the A.O. 1950, for “Provincial Government”. tc ". Subs. by the A.O. 1950, for “Provincial Government”."
11. The proviso added by Act 4 of 1914, sec. 2 and Sch., Pt. I and omitted by the A.O. 1937. tc" 5. The proviso added by Act 4 of 1914, sec. 2 and Sch., Pt. I and omitted by the A.O. 1937."
12. Subs. by the A.O. 1950, for “Provincial Government”.
13. Subs. by the A.O. 1950, for “Provincial Government”. tc" 1. Subs. by the A.O. 1950, for “Provincial Government”."
14. Subs. by the A.O. 1950, for “Provincial Government”.
15. Subs. by Act 4 of 1914, sec. 2 and Sch., Pt. I, for “the Local Government fills up the vacancy”.
16. The words “All appointments made by the Inspector-General under section 6 and”, ins. by Act 4 of 1914, sec. 2 and Sch., Pt. I and omitted by the A.O. 1937.
17. Subs. by the A.O. 1950, for “Provincial Government”.
18. Sub-section (3) omitted by the A.O. 1937.
19. Sub-section (1) omitted by the A.O. 1937. tc" 5. Sub-section (1) omitted by the A.O. 1937."
20. Subs. by the A.O. 1950, for “Provincial Government”. tc" 1. Subs. by the A.O. 1950, for “Provincial Government”."
21. Subs. by the A.O. 1950, for “Provincial Government”.
22. Subs. by the A.O. 1950, for “Provincial Government”.
23. Ins. by Act 48 of 2001, sec. 2 (w.e.f. 24-9-2001). tc" 2. Ins. by Act 48 of 2001, sec. 2 (w.e.f. 24-9-2001)."
24. Added by Act 21 of 1929, sec. 10. tc" 1. Added by Act 21 of 1929, sec. 10."
25. Subs. by the A.O. 1950, for “Provincial Government”. tc" 2. Subs. by the A.O. 1950, for “Provincial Government”."
26. Subs. by the A.O. 1937, for “Local Official Gazette”. tc" 3. Subs. by the A.O. 1937, for “Local Official Gazette”."
27. Ins. by Act 48 of 2001, sec. 3 (w.e.f. 24-9-2001). tc" 4. Ins. by Act 48 of 2001, sec. 3 (w.e.f. 24-9-2001)."
28. Subs. by Act 48 of 2001, sec. 3, for “any document” (w.e.f. 24-9-2001). tc" 1. Subs. by Act 48 of 2001, sec. 3, for “any document” (w.e.f. 24-9-2001)."
29. Subs. by Act 21 of 1929, sec. 10, for “and any award”. tc" 2. Subs. by Act 21 of 1929, sec. 10, for “and any award”."
30. Subs. by the A.O. 1950, for “Crown”. tc" 3. Subs. by the A.O. 1950, for “Crown”."
31. Ins. by Act 39 of 1948, sec.2. tc" 4. Ins. by Act 39 of 1948, sec.2."
32. Ins. by Act 2 of 1927, sec. 2. tc" 5. Ins. by Act 2 of 1927, sec. 2."
33. Ins. by Act 33 of 1940, sec. 2. tc" 1. Ins. by Act 33 of 1940, sec. 2."
34. Subs. by the A.O. 1950, for “Provincial Government”.
35. Ins. by Act 15 of 1917, sec. 2.
36. Subs. by Act 3 of 1951, sec. 3. and Sch., for “the States” (w.e.f. 1-4-1951).
37. Subs. by Act 3 of 1951, sec. 3, and Sch., for “the States” (w.e.f. 1-4-1951).
38. Subs. by Act 33 of 1940, sec. 3, for “and (d)”.
39. Subs. by Act 33 of 1940, sec. 3, for “and (c)”.
40. Subs. by Act 33 of 1940, sec. 3 and Sch. II, for “other than a document referred to in section 28, and a copy of decree or order”.
41. Subs. by the A.O. 1950, for “Provincial Government”.
42. Sub-section (2) omitted by Act 48 of 2001, sec. 4 (w.e.f. 24-9-2001).
43. Subs. by Act 39 of 1948, sec. 3, for “section 31 and section 89” (w.e.f. 3-9-1948).
44. Ins. by Act 48 of 2001, sec. 5 (w.e.f. 24-9-2001). tc" 1. Ins. by Act 48 of 2001, sec. 5 (w.e.f. 24-9-2001)."
45. Subs. by Act 3 of 1951, sec. 3 and Sch., for “the States” (w.e.f. 1-4-1951).
46. Subs. by Act 3 of 1951, sec. 3 and Sch., for “resides in any other part of the States” (w.e.f. 1-4-1951).
47. Subs. by the A.O. 1950, for “British”. tc" 4. Subs. by the A.O. 1950, for “British”."
48. The words “of His Majesty or” omitted by the A.O. 1950. tc" 5. The words “of His Majesty or” omitted by the A.O. 1950."
49. Ins. by Act of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951). tc" 1. Ins. by Act of 1951, sec. 3 and Sch. (w.e.f. 1-4-1951)."
50. Added by Act 13 of 1926, sec. 2. tc" 1. Added by Act 13 of 1926, sec. 2."
51. Subs. by the A.O. 1950, for “Provincial Government”. tc" 2. Subs. by the A.O. 1950, for “Provincial Government”."
52. Subs. by the A.O. 1939, for “Local Official Gazette”. tc" 3. Subs. by the A.O. 1939, for “Local Official Gazette”."
53. Added by Act 21 of 1929, sec. 10. tc" 1. Added by Act 21 of 1929, sec. 10."
54. Added by Act 21 of 1929, sec. 10. tc" 1. Added by Act 21 of 1929, sec. 10."
55. Now see the Specific Relief Act, 1963 (47 of 1963). tc" 2. Now see the Specific Relief Act, 1963 (47 of 1963)."
56. Certain words omitted by Act 48 of 2001, sec. 6 (w.e.f. 24-9-2001). tc" 3. Certain words omitted by Act 48 of 2001, sec. 6 (w.e.f. 24-9-2001)."
57. Ins. by Act 48 of 2001, sec. 7 (w.e.f. 24-9-2001).
58. Section 67 omitted by Act 48 of 2001, sec. 8 (w.e.f. 24-9-2001).
59. Subs. by the A.O. 1950, for “Provincial Government”.
60. Certain words rep. by Act 5 of 1917, sec. 6 and Sch.
61. Ins. by Act 48 of 2001, sec. 9 (w.e.f. 24-9-2001).
62. Ins. by Act 39 of 1948, sec. 4.
63. Subs. by the A.O. 1950, for “Provincial Government”.
64. Subs. by the A.O. 1937, for “Local Official Gazette”.
65. The words “Subject to the control of the “Governor-General in Council” omitted by Act 38 of 1920, sec.2. and Sch. I.
66. Subs. by the A.O. 1950, for “Provincial Government”.
67. The words “the Branch Inspector-General of Sindh”, omitted by A.O. 1937.
68. Subs. by Act 39 of 1948, sec. 5, for section 88.
69. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, sec. 2 and Sch.
70. Subs. by the A.O. 1950, for “Provincial Government”.
71. Subs. by the A.O. 1950, for “State Government prescribes in this behalf.”
72. Ins. by Act 20 of 1983, sec. 2 and Sch.