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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
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M/S.Latif Estate Line India Ltd vs Mrs. Hadeeja Ammal on 11 February, 2011

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,—"
(l) “addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of [an Indian], 3 [***] his father’s name, or where he is usually described as the son of his mother, then his mother’s name; tc" (l) “addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of 4[an Indian], 5[***] his father’s name, or where he is usually described as the son of his mother, then his mother’s name;"
(2) “book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book; tc" (2) “book” includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;"
(3) “district” and “sub-district” respectively mean a district and sub-district formed under this Act; tc" (3) “district” and “sub-district” respectively mean a district and sub-district formed under this Act;"
(4) “District Court” includes the High Court in its ordinary original civil jurisdiction; tc" (4) “District Court” includes the High Court in its ordinary original civil jurisdiction;"
(5) “endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act; tc" (5) “endorsement” and “endorsed” include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act;"
(6) “immovable property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass; tc" (6) “immovable property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;"
4 [(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;] tc" 1[(6A) “India” means the territory of India excluding the State of Jammu and Kashmir;]"
(7) “lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease; tc" (7) “lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease;"
(8) “minor” means a person who, according to the personal law to which he is subject, has not attained majority; tc" (8) “minor” means a person who, according to the personal law to which he is subject, has not attained majority;"
(9) “movable property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and tc" (9) “movable property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and"
(10) “representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot. tc" (10) “representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot." 5 [***] tc" 2[***]" State Amendments Andhra Pradesh: In section 2, in sub-section (2), after the words “includes a portion of book”, the words “and the information storage devices like floppy disk, hard disk, compact disk” shall be added. [Vide Andhra Pradesh Act 16 of 1999, sec. 2 (w.e.f. 31-12-1998)]. Goa, Daman and Diu: In clause (1) of section 2, before the words “his father’s name”, insert the words “his marital status, and”. [Vide Goa, Daman and Diu Act 2 of 1968, sec. 2]. Tamil Nadu: In section 2,—
(i) in clause (9), the word “and” occurring at the end shall be omitted;
(ii) in clause (10), the word “and” shall be added at the end;
(iii) after clause (10), the following clause shall be added, namely:— “(11) ’tout’ means a person who habitually frequents the precincts of a registration office, for the purpose of employment for himself or for any other person in connection with any registration business and who is so declared as a tout under Part XIII-A.” [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 18-1-1988)]. In section 2, in clause (2), the following expression shall be added at the end, namely:— “and the information storage devices like floppy disk, hard disk or compact disk or any other electronic media;”. [Vide Tamil Nadu Act 50 of 2000, sec. 2 (w.e.f. 25-7-2000)]. West Bengal: In section 2,—
(1) omit the word “and” at the end of sub-section (9); and
(2) add after sub-section (10) the following word and sub-section,— “and
(11) ‘tout’ means a person— (a) who habitually frequents the precincts of a registration office, without a licence granted to him under the rules made under section 80G, for the purpose of obtaining employment for himself or any other person in connection with any registration business; or
(b) who is declared to be deemed to be a tout for the purposes of this Act by rules made under section 80G.“ [Vide West Bengal Act 5 of 1942, sec. 8 (w.e.f. 1-11-1943)].
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:
(i) in sub-section (1), for the words “Inspectors of Registration Offices”, substitute the words “Assistant Inspector General of Registration”;
(ii) in sub-section (2), for the word “Inspector”, substitute the words “Assistant Inspector General”. [Vide Uttar Pradesh Act 6 of 1980, sec. 12 (w.r.e.f. 21-11-1979)].
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:
(i) in sub-section (1), for the words “Inspectors of Registration Offices”, substitute the words “Assistant Inspector General of Registration”;
(ii) in sub-section (2), for the word “Inspector”, substitute the words “Assistant Inspector-General”. [Vide U.P. Act 6 of 1980, sec. 12 (w.r.e.f. 21-1-1979)].
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].
23 [16A. Keeping of books in computer floppies, diskettes, etc.—
(1) Notwithstanding anything contained in section 16, the books provided under sub-section (1) of that section may also be kept in computer floppies or diskettes or in any other electronic form in the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government.
(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, a copy or extracts from the books kept under sub-section (1) given by the registering officer under his hand and seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of that section.]
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\:—"
(a) instruments of gift of immovable property; tc" (a) instruments of gift of immovable property;"
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property; tc" (b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;"
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and tc" (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and"
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; tc" (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;"
24 [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:] tc" 1[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property\:]" Provided that the 25 [State Government] may, by order published in the 26 [Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees. tc "Provided that the 2[State Government] may, by order published in the 3[Official Gazette], exempt from the operation of this sub-section any lease executed in any district, or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees."
27 [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.] tc "4[(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the Registration and Other Related laws (Amendment) Act, 2001 and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]"
(2) Nothing in clauses (b) and (c) of sub-section (l) applies to— tc "(2) Nothing in clauses (b) and (c) of sub-section (l) applies to—"
(i) any composition deed; or tc" (i) any composition deed; or"
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or tc" (ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or"
(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or tc" (iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or"
(iv) any endorsement upon or transfer of any debenture issued by any such Company; or tc" (iv) any endorsement upon or transfer of any debenture issued by any such Company; or"
(v) 28 [any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or tc" (v) 1[any document other than the documents specified in sub-section (1A)] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or"
(vi) any decree or order of a Court 29 [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or tc" (vi) any decree or order of a Court 2[except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding]; or"
(vii) any grant of immovable property by 30 [Government]; or tc" (vii) any grant of immovable property by 3[Government]; or"
(viii) any instrument of partition made by a Revenue-Officer; or tc" (viii) any instrument of partition made by a Revenue-Officer; or"
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or tc" (ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or"
(x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or tc" (x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or"
31 [(xa) any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or tc" (xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or"
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer. 32 [Explanation.—A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.] tc "5[Explanation.—A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]"
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered. tc "(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered." State Amendments Andhra Pradesh: In section 17,—
(a) in sub-section (1),—
(i) for clause (d) the following shall be substituted, namely:— “(d) leases of immovable property;”
(ii) after clause (e) but before the proviso, the following clauses shall be inserted, namely:— “(f) any decree or order or award or a copy thereof passed by a civil court on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899 (2 of 1899), such as registered title deed produced by the plaintiff where such decree or order or award purports or operate to create, declare, assign, limit, extinguish whether in present or in future any right, title or interest whether vested or contingent of the value of one hundred rupees and upwards to or in immovable property; and
(g) agreement of sale of immovable property of the value of one hundred rupee and upwards;”
(b) in sub-section (2),—
(i) in clause (v), for the words “any document not in itself creating”, the words “any document except an agreement of sale as mentioned in clause (g) of sub-section (1) not in itself creating”, shall be substituted,
(ii) in clause (vi), for the words “any decree or order of a court”, the words “any decree or order of a court, not being a decree or order or award falling under clause (f) of sub-section (1)”, shall be substituted,
(iii) the Explanation shall be omitted. [Vide Andhra Pradesh Act 4 of 1999 (w.e.f. 1-4-1999)]. Gujarat: In section 17,—
(i) in sub-section (1), after clause (a), insert as under:— “(aa) instruments which purport or operate to effect any contract for transfer of any immovable property;”
(ii) after sub-section (1), insert as under: “(1A) The provisions of section 23 shall apply to an instrument referred to in clause (aa) of sub-section (1) and executed before the commencement of the Registration (Gujarat Amendment) Act, 1982 as if in that section for the words “from the date of its execution” the words, figures and letters “from the 1st March, 1982” has been substituted.”
(iii) in sub-section (2), delete Explanation. [Vide Gujarat Act 7 of 1982, sec. 2 (w.e.f. 18-12-1981)]. Kerala: In sub-section (2) omit clauses (ix) and (x). [Vide Kerala Act 7 of 1968, sec. 2 (w.e.f. 22-2-1968)]. Maharashtra: In sub-section (2), in clause (x),— (a) after the words and figures “Agriculturists’ Loans Act, 1884”, insert “or under the Bombay Non-Agriculturists’ Loans Act, 1928”;
(b) for the words “under that Act”, substitute “under either of those Acts”. [Vide Maharashtra Act 19 of 1960, sec. 2 (w.e.f. 24-10-1960)]. Pondicherry: In sub-section (3), for the words “the first day of January, 1872”, substitute the words “the 9th day of January, 1969”. [Vide Pondicherry Act 17 of 1970, sec. 2 (w.e.f. 1-11-1970)]. Rajasthan: In section 17(2) at the end of clause (xii), substitute “or”, insert clause (xiii) as under: “(xiii) any instrument referred to in sub-section (5) of section 89.” [Vide Rajasthan Act 16 of 1976, sec. 2 (w.e.f. 13-2-1976)].
(a) in sub-section (1), after clause (e) and before the proviso, the following clauses shall be added, namely:— “(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser;
(g) irrevocable power of attorney relating to transfer of immovable property in any way;” and
(b) in sub-section (2), the existing Explanation shall be omitted. [Vide Rajasthan Act 18 of 1989, sec. 2 (w.e.f. 18-9-1989)]. Tamil Nadu: In section 17, in sub-section (1), after clause (e), the following clause shall be added, namely:— “(f) instruments of agreement relating to construction of multi unit house or building on land held by several persons as referred to in clause (i) under Article 5 of Schedule I to the Indian Stamp Act, 1899 (2 of 1899).” [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 1-1-1988)]. Uttar Pradesh: In section 17,—
(a) in sub-section (1)—
(i) in clauses (b) and (e) omit the words “of the value of one hundred rupees and upwards”,
(ii) after clause (e), insert as under— “(f) any other instrument required by any law for the time being in force, to be registered”,
(iii) Omit proviso.
(b) in sub-section (2)—
(i) in clause (v), after the words “any document” occurring in the beginning, insert the words “other than contract for sale”, and omit the words “of the value of the one hundred rupees and upwards”,
(ii) omit Explanation.
(c) in sub-section (3), after the words “by a will“, insert the words “and an instrument recording adoption of a child executed after the first day of January, 1977”. [Vide Uttar Pradesh Act 57 of 1976, sec. 32 (w.e.f. 1-1-1977)]. COMMENTS
(i) An instrument of gift of immovable property requires registration under this Act, whatever be the value of the property; Charan v. Sucha, (1921) 4 Lah LJ 7. tc "(i) An instrument of gift of immovable property requires registration under this Act, whatever be the value of the property; Charan v. Sucha, (1921) 4 Lah LJ 7."
(ii) The words 'create', 'limit' or 'extinguish' and 'right', 'title' or 'interest' imply a definite change of legal relation to the property by an expression of will embodied in the document. The word 'declare' is ejusdem genesis with the words 'create', 'assign' or 'limit'. It implies a declaration of will, not a mere statement of a fact; Sakharan v. Madan, (1881) 5 Bom 232 approved by Privy Council in Bageshwari Charan v. Jagarnath Kuari, (1931) 59 IA 130, wherein it stated: "The distinction is between a mere recital of a fact and something which in itself creates a title." tc "(ii) The words 'create', 'limit' or 'extinguish' and 'right', 'title' or 'interest' imply a definite change of legal relation to the property by an expression of will embodied in the document. The word 'declare' is ejusdem genesis with the words 'create', 'assign' or 'limit'. It implies a declaration of will, not a mere statement of a fact; Sakharan v. Madan, (1881) 5 Bom 232 approved by Privy Council in Bageshwari Charan v. Jagarnath Kuari, (1931) 59 IA 130, wherein it stated\: \"The distinction is between a mere recital of a fact and something which in itself creates a title.\"" When it is necessary to determine whether an instrument other than a deed of gift purports or operates to create an interest of the value of Rs. 100 or upwards in immovable property within the meaning of section 17(1)(b) the test of value is the consideration stated in the instrument; Nana v. Anant, (1877) 2 Bom 353. tc "When it is necessary to determine whether an instrument other than a deed of gift purports or operates to create an interest of the value of Rs. 100 or upwards in immovable property within the meaning of section 17(1)(b) the test of value is the consideration stated in the instrument; Nana v. Anant, (1877) 2 Bom 353." A deposit of title deeds with the creditor by the debtor with the intent to create a security implies in law a contract between the parties to create a mortgage and no registered instrument is required under section 59 of the Transfer of Property Act as in other case of mortgage. But if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain and the document will be the sole evidence of its terms. In such a case the deposit and the document both form integral parts of the transaction and are essential in the creation of the mortgage. In such a case the document which constitutes the bargain regarding security requires registration under section 17 of the Act as a non-testamentary instrument creating interest in immovable property where the value is Rs. 100 or upwards; United Bank of India Ltd. v. Lakhram Sonaram & Co., AIR 1965 SC 1591. tc "A deposit of title deeds with the creditor by the debtor with the intent to create a security implies in law a contract between the parties to create a mortgage and no registered instrument is required under section 59 of the Transfer of Property Act as in other case of mortgage. But if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain and the document will be the sole evidence of its terms. In such a case the deposit and the document both form integral parts of the transaction and are essential in the creation of the mortgage. In such a case the document which constitutes the bargain regarding security requires registration under section 17 of the Act as a non-testamentary instrument creating interest in immovable property where the value is Rs. 100 or upwards; United Bank of India Ltd. v. Lakhram Sonaram & Co., AIR 1965 SC 1591." An instrument of partition of immovable property requires registration as it declares an interest in immovable property provided, however, the value of the interest so declared is Rs. 100 or upwards; Siromoni v. Hemkumar, AIR 1968 SC 1299. tc "An instrument of partition of immovable property requires registration as it declares an interest in immovable property provided, however, the value of the interest so declared is Rs. 100 or upwards; Siromoni v. Hemkumar, AIR 1968 SC 1299." But a writing which merely states that there has in time past been a partition is not a declaration of will but a mere statement of fact and it does not require registration; Venkataraju v. Yudhkondalu, AIR 1958 AP 147. tc "But a writing which merely states that there has in time past been a partition is not a declaration of will but a mere statement of fact and it does not require registration; Venkataraju v. Yudhkondalu, AIR 1958 AP 147."
(iii) The term 'consideration' used in this clause is a technical term. It implies that the person to whom the money is paid himself declares, limits or extinguishes his interest in immovable property in consideration of such payment; Shidlingapa v. Chenbasapa, (1819) 4 Bom 235. tc "(iii) The term 'consideration' used in this clause is a technical term. It implies that the person to whom the money is paid himself declares, limits or extinguishes his interest in immovable property in consideration of such payment; Shidlingapa v. Chenbasapa, (1819) 4 Bom 235." A lease for one year containing an option to the tenant to revenue for a further period of one year or any other term is not a lease for a term exceeding one year and does not requires registration under this clause; Boyd v. Kreig, (1890) 17 Cal 548 dissenting from; Bhobani v. Shibnath, (1886) 13 Cal 113. tc "A lease for one year containing an option to the tenant to revenue for a further period of one year or any other term is not a lease for a term exceeding one year and does not requires registration under this clause; Boyd v. Kreig, (1890) 17 Cal 548 dissenting from; Bhobani v. Shibnath, (1886) 13 Cal 113." A lease for the life of the lessee is a lease for a term exceeding one year as it entitles the lessee to hold for more than one year if he lives so long. It is not a lease terminable at the end of a year or at the option of the lessor. It therefore requires registration; Parstrotam v. Nana, (1893) 18 Bom 109. tc "A lease for the life of the lessee is a lease for a term exceeding one year as it entitles the lessee to hold for more than one year if he lives so long. It is not a lease terminable at the end of a year or at the option of the lessor. It therefore requires registration; Parstrotam v. Nana, (1893) 18 Bom 109."
(iv) Sub-section 2(i) of section 17 merely provided that nothing in sub-section 1(b) applied to a composition deed, but that did not mean that if a document required registration under another enactment, it was valid without registration; Govind Ram v. Madan Gopal, (1944) 721.A 76: AIR 1945 PC 74. tc "(iv) Sub-section 2(i) of section 17 merely provided that nothing in sub-section 1(b) applied to a composition deed, but that did not mean that if a document required registration under another enactment, it was valid without registration; Govind Ram v. Madan Gopal, (1944) 721.A 76\: AIR 1945 PC 74."
(v) A consent decree purporting to create a gift requires registration under section 17(1)(a) and is not exempt from registration under section 17(2)(vi); Kauleshwari v. Surajnath Rai, AIR 1957 Pat 456. tc "(v) A consent decree purporting to create a gift requires registration under section 17(1)(a) and is not exempt from registration under section 17(2)(vi); Kauleshwari v. Surajnath Rai, AIR 1957 Pat 456."
(vi) The only test under the present clause is whether the receipt purports to extinguish the mortgage. If it does, it requires registration, but not otherwise. A receipt for payment of money under a mortgage (other than an endorsement on a mortgage-deed) issued by a mortgage mentioning not only the payment of the full mortgage amount but also the extinction of mortgage requires registration; Gurdial Singh v. Kartar Singh, AIR 1964 Punj 141. tc "(vi) The only test under the present clause is whether the receipt purports to extinguish the mortgage. If it does, it requires registration, but not otherwise. A receipt for payment of money under a mortgage (other than an endorsement on a mortgage-deed) issued by a mortgage mentioning not only the payment of the full mortgage amount but also the extinction of mortgage requires registration; Gurdial Singh v. Kartar Singh, AIR 1964 Punj 141." A deed of adoption as distinguished from an authority to adopt does not require registration; Vishwanth Ramji v. Rahibai, AIR 1931 Bom 105: 128 IC 901.
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,—
(i) delete the word “and” after clause (e);
(ii) after clause (e) insert the following clause, namely:— “(ee) notices of pending suits or proceedings referred to in section 52 of the Transfer of Property Act, 1882;”. [Vide Bombay Act 14 of 1939, sec. 4 (w.e.f. 15-6-1939) read with Act 35 of 1958, sec. 2 (w.e.f. 28-4-1958)]. Note.—Section 2 of Bombay Act 14 of 1939, as amended by Bombay Act 17 of 1945, is as follows:— “2. Application of Act.—This Act shall apply to notices in respect of suits or proceedings which relate to immovable properties situate wholly or partly in the Greater Bombay with effect from such date as may be directed by the State Government in this behalf by notification in the Official Gazette: Provided that the State Government may by similar notification direct that the provisions of this Act shall apply to such notices relating to immovable properties situate wholly or partly in such other area as may be specified in the said notification.”
(iii) the word “and” in clause (ee) shall be added at the end and clause (eei) inserted by Act (Bombay Act 6 of 1960), sec. 43, shall be deleted. [Vide Maharashtra Act 20 of 1971, sec. 58 (w.e.f. 15-6-1972)]. Uttar Pradesh: In section 18, clauses (a), (b) and (cc) be omitted. [Vide Uttar Pradesh Act 57 of 1976, sec. 33 (w.e.f. 1-1-1977)]. In section 18(c), omit the words and figures “and leases exempted under section 17”. [Vide Uttar Pradesh Act 19 of 1981, sec. 6 (w.r.e.f. 1-8-1981)]. Section 18A Delhi: Same as in Punjab. [Vide G.S.R. 465 dated 20th March, 1965, Gazette of India, 1965, Pt. II, Sec. 3(i), page 499]. Himachal Pradesh: Same as in Punjab. [Vide Himachal Pradesh Act 2 of 1969, sec. 3 (w.e.f. 11-4-1969)]. Punjab, Haryana, Chandigarh: After section 18, insert the following new section:— “18A. Document for registration to be accompanied by a true copy thereof.—Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof.” [Vide Punjab Act 19 of 1961, sec. 2 (w.e.f. 4-5-1961); Act 33 of 1966 sec. 89]. Tripura: After section 18, insert as under:— “18A. Document for registration to be accompanied by a true copy.— (1) Notwithstanding anything contained in the Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten or printed or type-written or lithographed or otherwise prepared in such manner as may be prescribed.” [Vide Tripura Act 7 of 1982, sec. 2 (w.e.f. 1-1-1983)]. Uttar Pradesh: Section 18A as inserted by U.P. Act 14 of 1971, omitted by U.P. Act 19 of 1981, sec. 7 (w.r.e.f. 1-8-1981). Prior to omission section 18A ran as under: “18A. Documents for registration to be accompanied by a true copy thereof.— (1) The registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof, and in the case of a document referred to in section 19, also by a true copy of the translation referred to therein.
(2) A copy referred to in sub-section (1) shall not be a carbon copy, and shall be neatly handwritten, printed or typewritten, or be a cyclostyled copy of type-written matter, on only one side of the paper, and shall be prepared in accordance with such rules, if any, as may be made in that behalf, and shall contain a declaration in the prescribed manner that the same is a true copy of the document or of the translation, as the case may be.” Comments Non-registration of a will can assume importance only when it exists with some suspicious circumstances; Celestine Silva Bai v. Jasphine Noronha Bai, AIR 1956 Mad 566.
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
(i) , p. 499]. Himachal Pradesh: Same as in Punjab. [Vide Himachal Pradesh Act 2 of 1969, sec. 4 (w.e.f. 11-4-1969)]. Kerala: In section 19, the words “and also by a true copy” shall be omitted. [Vide Kerala Act 7 of 1968, sec. 3 (w.e.f. 22-2-1968)]. Maharashtra, Gujarat: For modification of section 19, 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); Bombay Act 35 of 1958; Act 11 of 1960, sec. 87. Where registration is done by photograveure process, this section would have no application.—See sections 70C and 70D supra inserted by Bombay Act 17 of 1930. Punjab, Haryana, Chandigarh: For the words “a true translation”, substitute “two copies of the true translation”. [Vide Punjab Act 19 of 1961, sec. 3 (w.e.f. 4-5-1961); Act 31 of 1966, sec. 89]. Orissa: The words “and also by a true copy” shall be omitted. [Vide Orissa Act 14 of 1989, sec. 2]. Rajasthan: Same as that in Punjab. [Vide Rajasthan Act 11 of 1982, sec. 3 (w.e.f. 16-7-1982)]. Tripura: Same as that in Punjab. [Vide Tripura Act 7 of 1982, sec. 3 (w.e.f. 1-1-1983)]. Section 19A Tamil Nadu: Same as in West Bengal. [Vide Tamil Nadu Act 21 of 1966]. West Bengal: The words “and also by a true copy” shall be omitted. [Vide West Bengal Act 17 of 1978, sec. 7 and Sch.]. Goa: After section 19, insert— “19A. Documents presented for registration to be accompanied by true copies thereof.—(1) No document shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf.” [Vide Goa Act 24 of 1984, sec. 2 (w.e.f. 5-12-1985)]. Karnataka: Same as that in Kerala. [Vide Karnataka Act 55 of 1976, sec. 3 (w.e.f. 23-10-1976)]. Kerala: After section 19, insert the following new section:— “19A. Documents presented for registration to be accompanied by true copies thereof.—(1) No document shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules may be made in this behalf.” [Vide Kerala Act 7 of 1968, sec. 4 (w.e.f. 22-2-1968)]. Orissa: After section 19, insert— “19A. Documents presented for registration to accompany true copies thereof.—(1) No document shall be accepted for registration, unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be legibly handwritten, printed, type-written, lithographed, cyclostyled or otherwise prepared only on one side of the paper and in accordance with such rules as may be made in this behalf by the State Government, and shall contain a declaration in the prescribed manner that the same is a true copy of the document and its translation, if any.” [Vide Orissa Act 14 of 1989, sec. 3 (w.e.f. 19-9-1989)]. Rajasthan: Insert section 19A as under:— “19A. Refusal to register.—Notwithstanding anything contained in this Act, the registration officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true or photostat copy thereof.” [Vide Rajasthan Act 11 of 1982, sec. 4 (w.e.f. 16-7-1982)]. Tamil Nadu and West Bengal: For modification of section 14—See Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.]
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.
(3) Notwithstanding anything to the contrary contained elsewhere in the Act, the registering officer shall refuse to register any document or any class of documents to which a notification under sub-section (1) is applicable.” [Vide Registration (West Bengal Amendment) Act, 1981].
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.—
(1) The State Government may, by notification in the Andhra Gazette, direct that all documents, or any class of documents, which—
(a) relate to properties situated within the loges at Machilipatnam (formerly known as Masulipatnam), the areas whereof have been set out in the Schedule to the Madras (Enlargement of Areas and Alteration of Boundaries) Order, 1948,
(b) have been registered in a registration office by an official appointed or controlled by any French Indian authority, and
(c) are required to be registered under this Act, may be registered under this Act free of all charges, within such time, and subject to such restrictions and conditions, as may be specified in the notification; and if any document is so registered, the registration shall have effect for all purposes from the date on which the document was originally registered by the official referred to in clause (b): Provided that nothing in this sub-section shall be deemed to invalidate any decree or order touching any such document which may have been passed by any Court of Law and become final before the enactment of this section.
(2) Sub-section (1) shall apply in relation to documents relating to properties situated within the limits of any French territory now adjoining the territory of the State of Andhra Pradesh, as it applies in relation to documents relating to properties situated within the loges referred to in sub-section (1), subject to the modification that for the words “before the enactment of this section” occurring in the proviso, the words “before such date as may be notified in that behalf by the State Government” shall be substituted.” [Vide Madras Act 17 of 1952, sec. 2 (w.e.f. 14-1-1953) as adapted by Andhra Pradesh A.L.O., 1953]. Kerala: Malabar—Omit section 23B inserted by Madras Act 17 of 1952 as in force in the Malabar District. [Vide Kerala Act 2 of 1959, sec. 2 (w.e.f. 1-6-1960)]. Tamil Nadu: After section 23A the following section shall be inserted:— “23B. Power of State Government to permit the registration of documents registered in the loges at Kozhikode and in certain other areas in French India.— (1) The Government may, by notification in the Fort St. George Gazette, direct that all documents, or any class of documents, which—
(a) relate to properties situated within the loges at Kozhikode (formerly known as Calicut), the areas whereof have been set out in the Schedule to the Madras (Enlargement of Areas and Alteration of Boundaries) Order, 1948,
(b) have been registered in a registration office by an official appointed or controlled by any French Indian authority, and
(c) are required to be registered under this Act, may be registered under this Act free of all charges, within such time, and subject to such restrictions and conditions, as may be specified in the notification; and if any document is so registered, the registration shall have effect for all purpose from the date on which the document was originally registered by the official referred to in clause (b): Provided that nothing in this sub-section shall be deemed to invalidate any decree or order touching any such document which may have been passed by any Court of law and become final before the enactment of this section.
(2) Sub-section (1) shall apply in relation to documents relating to properties situated within the limits of any French territory now adjoining the territory of the State of Madras, as it applies in relation to documents relating to properties situated within the loges referred to in sub-section (1), subject to the modification that for the words “before the enactment of this section” occurring in the proviso, the words “before such date as may be notified in that behalf by the State Government” shall be substituted.” [Vide Tamil Nadu Act 17 of 1952, sec. 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954].
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—
(a) in sub-section (1), for the word “Registrar”, the words “Registering Officer”, for the words “direct that”, the words “register the document” and for the expression “such document shall be accepted for registration”, the words “on such document” shall be substituted; and
(b) sub-section (2) shall be omitted. [Vide Rajasthan Act 18 of 1989, sec. 3 (w.e.f. 18-9-1989)].
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
(a) , (b), (c) [, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) 2[(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate. tc "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 (a), (b), (c) 2[, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) 3[(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate." State Amendments Andhra Pradesh: In section 28, for the expression “clauses (a), (b), (c), (d) and (e) of section 17, sub-section 2”, the expression “clauses (a), (b), (c), (d), (e), (f) and (g) of section 17, sub-section (2)”, and for expression “clauses (a), (b), (c) and (cc)” the expression “clauses (a), (b) and (cc)” shall be substituted. [Vide Andhra Pradesh Act 4 of 1999, sec. 5]. Bihar: Substitute section 28 as under: “28. Place for registering documents relating to land.—Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar.” [Vide Bihar Act 6 of 1991, sec. 3 (w.e.f. 8-8-1991)]. Gujarat: Amendment is the same as that of Maharashtra. [Vide Act 11 of 1960, sec. 87; Gujarat A.L.O., 1960 (w.e.f. 1-7-1961]. Maharashtra:
(i) In section 28 for the letters, brackets and word “(b) and (c)” substitute the brackets, letters and word “(b), (c), (cc) and (ee)”. [Vide Bombay Acts 14 of 1939, sec. 4; 14 of 1947, read with 35 of 1958, sec. 2 (w.e.f. 28-4-1958) and 6 of 1960, sec. 43 (w.e.f. 1-1-1961)].
(ii) For brackets, letters, word and figure “(ee) and (eee)”, brackets, letters and words “and (ee)” shall be substituted. [Vide Maharashtra Act 20 of 1971, sec. 58 (w.e.f. 15-6-1972)]. Pondicherry: Section 28 shall be substituted as under: “28. Place for registering documents relating to land.—Save as in this Part otherwise provided,—
(a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate in the Union Territory of Pondicherry; and
(b) any document registered outside the Union Territory of Pondicherry in contravention of the provisions of clause (a) shall be deemed to be null and void.” [Vide Pondicherry Act 5 of 1999 (w.e.f. 4-5-1999)]. Uttar Pradesh:
(1) In section 28, omit the words, figures and letters “sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2)”. For the words “section 18, clauses (a), (b), (c) and (cc)”, substitute “every document mentioned in section 18, clause (c)”. [Vide Uttar Pradesh Act 19 of 1981, sec. 8 (w.r.e.f. 1-8-1981)].
(2) (i) The words “or some portion” shall be omitted.
(ii) The following proviso to be inserted, namely:— “Provided that the document of award, exchange, gift, mortgage, partition, settlement and trust insofar as such document affects immovable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion or half-portion of the property to which such document relates is situate.” [Vide Uttar Pradesh Act 27 of 1994, sec. 3]. Comments The burden of proving that the property is situate within the jurisdiction in which a document relating thereto registered is on the person relying on such document; Mohd. Khaja v. Monappa, AIR 1953 Hyd 280.
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].
(3) After section 30A, the following section shall be inserted, namely:— “30B. Special power of registration in certain cases by Registrar of Assurances, Calcutta.—Notwithstanding anything contained elsewhere in this Act, the Registrar of Assurances, Calcutta, may without regard to the situation in any part of India outside the State of West Bengal of the property to which a document relates, receive and register the document where such document is in the nature of—
(a) a mortgage bond executed by an employee of a Government, a statutory body or a local authority in favour of such Government, statutory body or local authority as security for advances taken by such employee for house-building purposes; or
(b) a reconveyance executed by a Government, a statutory body or a local authority in favour of employee of such Government, statutory body or local authority on repayment of the advances taken by such employee for house-building purposes.” [Vide West Bengal Act 15 of 1998, sec. 3 (w.e.f. 1-4-1998)].
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.
(2) The duplicate copy shall—
(a) be neat and legibly typed or handwritten, as the case may be, on paper of such specification as may be notified by the State Government from time to time;
(b) contain a declaration that the same is a true copy of the document to be registered in such manner as may be prescribed by rules under section 69;
(c) be compared and verified by such official as may be directed by the Registering Officer;
(d) be separately bound and permanently kept in such manner as may be prescribed by rules under section 69.” [Vide Bihar Ordinance 7 of 1997, sec. 2 (w.e.f. 11-8-1997). Uttar Pradesh: After section 32, the following section shall be inserted, namely:— “32A. Giving of true photostat copies of documents prescribed for registration.—Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document or any translation of documents referred to in section 19 presented for registration shall be accompanied by such number of true photostat copies thereof, as may be prescribed by rules under section 69.
(2) The photostat copy shall,—
(a) be neat and legible, prepared on paper of such specification as may be notified by the State Government from time to time;
(b) contain a declaration that the same is a true copy of the document to be registered in such manner as may be prescribed by rules under section 69;
(c) be compared and verified by such official as may be directed by the registering officer;
(d) be separately bound and permanently kept in such manner as may be prescribed by rules under section 69.
(3) Where the provisions of this section apply, the sections mentioned below shall be deemed to be modified as follows:—
(a) in section 52, in sub-section (1),—
(i) in clause (a), after the words “every such document” the words “along with the photostat copy thereof” shall be inserted;
(ii) for clause (c) the following clause shall be substituted:— “(c) subject to the provisions contained in section 62, every photostat copy shall, without unnecessary delay be verified from the document admitted to registration and be placed in the proper book for being copied in the book appropriate for the document admitted for registration accordingly to the order of its admission;”
(b) in section 60, 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 a reference to the serial number of the photostat copy and number of the book in which it is place” shall be substituted;
(c) in section 69, after clause (hh), the following clauses shall be inserted:— “(hh1) regulating the number and manner in which photostat copies of documents and of translation under section 19 shall be prepared and the books in which they shall be placed for record;
(hh2) regulating the form of declaration and the manner of keeping the records under sub-section (2) of section 32A“. [Vide Uttar Pradesh Act 29 of 1989, sec. 2 (w.e.f. 11-5-1989)]. Section 32B Uttar Pradesh: In its application to the State of Uttar Pradesh, after S. 32A, insert the following new section, namely,— “32B. Lamination of true copies.—(1) Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document and the translation of the document referred to in section 19, presented for registration, shall be accompanied by a true copy thereof.
(2) The copy referred to in sub-section (1) shall—
(a) not be a carbon copy;
(b) be neatly and legibly printed, lithographed, type-written or otherwise prepared on only one side of the paper of such specification as may be notified by the State government;
(c) contain a declaration in the manner prescribed by rules under section 69 that the same is a true copy of the document or the translation, as the case may be.
(3) The registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof as provided in sub-section (1).
(4) The copy shall—
(a) be compared and verified by such official as may be directed by registering officer;
(b) be separately laminated, bound and permanently kept in such manner as may be prescribed by rules under section 69.
(5) In such areas as have been notified under sub-section (1), the provisions of section 32A shall cease to apply: Provided that a photostat copy filed before notification under sub-section (1) is issued and not copied in the appropriate book shall be deemed to be a true copy for the purposes of this section and shall be laminated in accordance with the procedure laid down in this section: Provided further that if the photostat copy already filed is dim or has otherwise become illegible, the registering officer shall, with the prior approval of the registrar, require the party concerned to deliver the document to him for getting its copy prepared for lamination, and if the party concerned informs him that the document has been lost or destroyed, the photostat copy available in the registering office shall be copied in the appropriate book.
(6) Where the provisions of this section apply, the sections mentioned below shall be deemed to be modified as follows:—
(a) in section 52, in sub-section (1),—
(i) in clause (a), after the words “every such document” the words “alongwith the true copy thereof” shall be inserted;
(ii) for clause (c), the following clause shall be substituted, namely:— “(c) subject to the provisions contained in section 62, every true copy shall, without unnecessary delay be verified from the document admitted to registration, be laminated and placed in the proper book for being bound and kept permanently in the book appropriate for the document admitted to registration according to the order of its admission.”
(b) in section 55, after sub-section (6), the following sub-section shall be inserted, namely,— “(7) The indexes prepared under this section shall be laminated and bound in such manner as may be prescribed by rules under section 69.”
(c) in section 58, in sub-section (1), after the words “admitted to registration” the words “and true copy thereof” shall be inserted;
(d) in section 60, in sub-section (1), for the words “the document has been copied” the words “the laminated true copy thereof has been bound and kept” shall be substituted;
(e) in section 62, in sub-section (1), for the words “the translation shall be transcribed” the words “the true copy of the translation shall be laminated, bound and kept shall be substituted;
(f) in section 69, after clause (hh-2), the following clauses shall be inserted, namely— “(hh3) regulating the manner in which the true copy of the document and of the translation under section 19 shall be prepared and the form of declaration required under sub-section (2) of section 32B;
(hh4) regulating the manner and procedure for lamination of true copies, the books in which they shall be kept for record, keeping such records and preservation thereof, grant of licence for lamination and matters connected therewith including the rate of fees for laminating the copies, and seating arrangement for the licensees.” [Vide Uttar Pradesh Act 27of 1994, sec. 5].
44 [32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document: tc "1[32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document\:" Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.]
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\:—"
(a) if the principal at the time of executing the power-of-attorney resides in any part of 45 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides; tc" (a) if the principal at the time of executing the power-of-attorney resides in any part of 2[India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;"
(b) if the principal at the time aforesaid 46 [resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate; tc" (b) if the principal at the time aforesaid 3[resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;"
(c) if the principal at the time aforesaid does not reside in 45 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 47 [Indian] Consul or Vice-Consul, or representative 48 [***] of the Central Government: tc" (c) if the principal at the time aforesaid does not reside in 2[India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 4[Indian] Consul or Vice-Consul, or representative 5[***] of the Central Government\:" Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:— tc "Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely\:—"
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend; tc" (i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;"
(ii) persons who are in jail under civil or criminal process; and tc" (ii) persons who are in jail under civil or criminal process; and"
(iii) persons exempt by law from personal appearance in Court. tc" (iii) persons exempt by law from personal appearance in Court." 49 [Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid. tc "(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid."
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination. tc "(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination."
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.
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)
(a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or
(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,—
(a) in sub-section (1), for the words, letters and figure “cause the contents thereof to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the contents thereof to be made and filed in his Book No. 3” shall be substituted;
(b) in sub-section (2), for the words “copy has been made”, the words “true copy has been filed” shall be substituted. [Vide Goa Act 24 of 1985, sec. 3 (w.e.f. 5-12-1985)]. Karnataka: Amendments to section 45 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 4 (w.e.f. 24-10-1976)]. Kerala: In section 45,—
(i) in sub-section (1), for the words “cause the contents thereof to be copied into his Book No. 3”, substitute the words “cause a true copy of the contents thereof to be made and filed in his Book No. 3”;
(ii) in sub-section (2), for the words “copy has been made”, substitute the words “true copy has been filed”. [Vide Kerala Act 7 of 1963, sec. 5 (w.e.f. 22-2-1968)]. Orissa: Amendments to section 45 are the same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 4 (w.e.f. 19-9-1989)]. Pondicherry: Section 52(5) of the Act as amended in Pondicherry gives powers to the State Government to specify classes of documents with reference to which certain other sections shall have modified application, section 45 is one of them: “In section 45, in sub-section (1), for the words “cause the contents thereof to be copied into his Book No. 3”, words “cause a true copy thereof to be made and filed in his Book No. 3”, shall be substituted; and in sub-section (2) for the words “copy has been made”, words “true copy has been filed” shall be substituted. [Vide Pondicherry Act 17 of 1970, Sch. Item (1) (w.e.f. 1-11-1970)]. Tripura: Amendments to section 45 are the same as in Kerala. [Vide Tripura Act 7 of 1982, sec. 4 (w.e.f. 1-1-1983)]. Tamil Nadu and West Bengal: For modification of section 45, see Schedule to Act as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.
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,—
(a) for the words “unless the will has been already copied”, the words “unless a true copy of the will has already been filed” shall be substituted;
(b) for the words, letters and figure “cause the will to be copied into his Book No. 3”, the words, letters and figure “cause a true copy of the will to be made and filed in his Book No. 3” shall be substituted. [Vide Goa Act 24 of 1985, sec. 4 (w.e.f. 5-12-1985)]. Karnataka: Amendments to section 46 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 5 (w.e.f. 24-10-1976)]. Kerala: In section 46, in sub-section (2),—
(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 “cause the will to be copied into Book No. 3”, substitute the words “cause a true copy of the will to be made and filed in his Book No. 3”. [Vide Kerala Act 7 of 1968, sec. 6 (w.e.f. 22-2-1968)]. Orissa: Amendments to section 46 are the same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 5 (w.e.f. 19-9-1989)]. Pondicherry: With reference to documents specified by rules made under sub-section (3) of section 52 as obtaining in Kerala, section 46 shall stand modified as follows:— In sub-section (2) of section 46, for the words “unless the will has been already copied” and the words “cause the will to be copied into his Book No. 3”, words “unless the true copy of the will has already been filed” and “cause a true copy to be made and filed in his Book No. 3” shall respectively be substituted. [Vide Pondicherry Act 17 of 1970, Sch. Item 2 (w.e.f. 1-11-1970)]. Tripura: Amendments are the same as in Kerala, except that for the word “filed”, the word “pasted” has been used. [Vide Tripura Act 7 of 1982, sec. 5 (w.e.f. 1-1-1983)]. Tamil Nadu and West Bengal: For modification of section 46, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.
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,—
(i) in the first paragraph, after the words “or by any provision of the Transfer of Property Act, 1882” insert the words “or of any other law for the time being in force”,
(ii) substitute clause (b) as under: “(b) confer any power or create any right or relationship, or”,
(iii) in clause (c), after the words “such power”, insert the words “or creating such right or relationship”,
(iv) in the proviso, omit the words “as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877, or”. [Vide Uttar Pradesh Act 57 of 1976, sec. 34 (w.e.f. 1-1-1977)].
50. Certain registered documents relating to land to take effect against unregistered documents.—
(1) Every document of the kinds mentioned in clauses
(a) , (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not. tc" 50. Certain registered documents relating to land to take effect against unregistered documents.—(1) Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not."
(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,—
(i) in sub-section (1) after the words, figures and letters “and clauses (a) and (b) of section 18”, insert the words “as these clauses stood before their omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976”,
(ii) in sub-section (2), after the words and figures “proviso to sub-section (1) of section 17”, insert the words and figures “as the proviso stood before its omission by the Uttar Pradesh Civil Laws (Reforms and Amendment) Act, 1976”. [Vide Uttar Pradesh Act 19 of 1981, sec. 9 (w.r.e.f. 1-8-1981)]. comments Section 50 of the Registration Act, has to be read in the light of section 17 of the same Act and Section 91 of the Evidence Act. If this is done the word “affect” will be seen to be a compendious term for expressing the longer phrase “purporting or operating to create, declare, assign, limit or extinguish whether in present or in future, any right, title or interest whether vested or contingent”; Saraswathamma v. Paddavva, AIR 1923 Mad 297.
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.
(b) Notwithstanding anything contained in this Act, copies of any of the books mentioned in sub-section (1) or any portion of such book prepared and authenticated before the commencement of the Indian Registration (Bihar Amendment) Act, 1947, in pursuance of an order of the Registrar or the Inspector-General 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 so prepared and authenticated.” [Vide Bihar Act 14 of 1947, sec. 2 (w.e.f. 21-4-1947)]. Goa: In section 51,—
(a) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) In Book I shall be filed—
(i) true copies of all documents, and
(ii) all memoranda, registered under sections 17, 18 and 39 which relate to immovable property, and are not wills.”;
(b) in sub-section (3) for the words “entered all documents”, the words “filed true copies of all documents” shall be substituted. [Vide Goa Act 24 of 1985, sec. 5 (w.e.f. 5-12-1985). Gujarat: Same as those of Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O. 1960]. Karnataka: Amendments to section 51(2) and (3) are the same as in Kerala. Insert sub-section (5) as under: “(5) If, any of the books mentioned in sub-section (1) is destroyed or in the opinion of the Registrar is in danger to 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 reconstructed or, recopied as the case may be and authenticated in such manner as may be prescribed under section 69 and the copy prepared and authenticated under such direction shall for the purpose of this Act, 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 so prepared and authenticated.” [Vide Karnataka Act 41 of 1984, sec. 2 (w.e.f. 7-11-1986); Karnataka Act 55 of 1976, sec. 6 (w.e.f. 24-10-1976)]. Kerala: In section 51,—
(i) for sub-section (2), substitute the following:— “(2) In Book 1 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.”;
(iii) in sub-section (3), for the words “entered all documents”, substitute the words “filed true copies of all documents”. [Vide Kerala Act 7 of 1968, sec. 7 (w.e.f. 22-2-1968)]. Maharashtra: In section 51,—
(i) in sub-section (2), after the figures “89”, the words and figures “sub-sections (2) and (4)” were inserted. [Vide Bombay Act 5 of 1929, sec. 7 (w.e.f. 22-5-1929) read with Act 35 of 1958, sec. 2 (w.e.f. 28-4-1958)].
(ii) after sub-section (4), add the following new sub-section, namely:— “(5) 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 prepared and authenticated under such direction shall, for the purposes of this Act 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 so recopied and authenticated.” [Vide Bombay Act 24 of 1938, sec. 3 (w.e.f. 8-2-1939) read with Act 35 of 1958, sec. 2 (w.e.f. 28-4-1958)]. [Note.—Section 8 of the Bombay Act 25 of 1938 runs as follows: “8. Validity of copies made prior to enactment of this Act.—Notwithstanding anything contained in the said Act (i.e. the Indian Registration Act), copies of any of the books mentioned in sub-section (1) of section 51 of the said Act or any portion of such book, prepared before the enactment of this Act and authenticated in pursuance of the order of the Registrar or Inspector-General shall for the purposes of the said Act be deemed to have taken the place of and to be the original book or portion; and all references in the said Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated”.]
(iii) in sub-section (2), for the words “18 and 89, sub-sections (2) and (4)”, substitute the words “and 18 and section 89 except sub-sections (1) and (3) thereof”. [Vide Maharashtra Act 20 of 1971, sec. 58(c) (w.e.f. 15-6-1972)]. Orissa: In its application to the State of Orissa, in section 51,—
(a) for sub-section (2), the following sub-section shall be substituted, namely,— “(2) In Book 1 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”;
(b) in sub-section (3), for the words “entered all documents”, substitute “filed true copies of all documents”;
(c) after sub-section (4), insert the following new sub-sections, namely,— “(5) 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 under such direction shall, for the purpose of this Act, and of the Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, and all references in this Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated.
(6) Notwithstanding anything contained in this Act, copies of any of the books mentioned in sub-section (1) or any portion of such books prepared and authenticated before the commencement of the Registration (Orissa Amendment) Act, 1989, in pursuance of an order of the Registrar or the Inspector-General of Registration, shall, for the purposes of this Act, and of the Evidence Act, 1872, be deemed to have taken the place of, and to be, the original book or portion, as the case may be, and all references in this Act to the original book or portion shall be deemed to be references to the book or portion so prepared and authenticated.” [Vide Orissa Act 14 of 1989, sec. 6 (w.e.f. 19-9-1989)]. Pondicherry: With reference to the documents specified in the rules made under section 52(3) as obtaining in Pondicherry, section 51 shall stand modified as follows:— Modifications are the same as in Kerala (i) and (ii). [Vide Pondicherry Act 17 of 1970, sec. 3 (w.e.f. 1-11-1970)]. Tamil Nadu: In section 51, in sub-section (1),—
(i) for the expression “The following books”, the expression “The following books and the information storage devices” shall be substituted;
(ii) The following shall be added at the end, namely:— “C—In the office of the Registering Officer notified by the State Government under sub-section (1) of section 70B— Information storage devices as specified in sub-section (2A) of section 16.”. [Vide Tamil Nadu Act 50 of 2000, sec. 4 (w.e.f. 25-7-2000)]. Tripura: In section 51,—
(i) substitute sub-section (2) as under— “(2) In Book 1 shall be:
(i) pasted true copies of all documents, and
(ii) filed all memoranda, registered under sections 17, 18 and 89 which relate to immovable property and are not wills.”
(ii) in sub-section (3) for the word “entered”, substitute the words “pasted true copies of”. [Vide Tripura Act 7 of 1982, sec. 6 (w.e.f. 1-1-1983)]. Uttar Pradesh: After sub-section (4) of section 51, insert sub-section (5) as under— “(5) Where due to fire tempest, flood, excessive rainfall, violence of any army or mob or other irresistible force, any or all of the books specified in sub-section (1) are destroyed or become illegible either wholly or partially and the State Government is of the opinion that it is necessary or expedient so to do, it may, by order direct such book or such portion thereof as it thinks fit, to be re-copied, authenticated or reconstructed in such manner as may be prescribed, and the copy so prepared, authenticated or reconstructed shall, for the purpose 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.” [Vide Uttar Pradesh Act 19 of 1981, sec. 10 (w.r.e.f. 1-8-1981)]. Tamil Nadu and West Bengal: For modification in section 51, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.
52. Duties of registering officers when document presented.—(l)
(a) The day, hour and place of presentation, 57 [the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it; tc "52. Duties of registering officers when document presented.—(l) (a) The day, hour and place of presentation, 1[the photographs and finger prints affixed under section 32A,] and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it;"
(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and tc "(b) a receipt for such document shall be given by the registering officer to the person presenting the same; and"
(c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission. tc "(c) subject to the provisions contained in section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission."
(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General. tc "(2) All such books shall be authenticated at such intervals and in such manner as is from time to time prescribed by the Inspector-General." State Amendments Bihar: In section 52,—
(i) in clause (a), after the words “every such documents” the words “along with duplicate copy thereof” shall be inserted.
(ii) for clause (c), the following shall be substituted:— “(c) subject to the provisions contained in section 62, every duplicate copy shall, without unnecessary delay, be verified from the document admitted for registration and be placed in proper book for being bound separately in the appropriate book for the document admitted to registration or according to the order of admission.” [Vide Bihar Ordinance 7 of 1997, sec. 3 (w.e.f. 11-8-1997)]. Delhi: Same as in Punjab. [Vide G.S.R. 465 of 1965, Gazette of India, 1965, Pt. II, Sec. 3(i), p. 499 (w.e.f. 1-11-1966)]. Goa: Section 52(1)(c) be substituted as under: “(c) subject to the provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission.” [Vide Goa Act 24 of 1985, sec. 6 (w.e.f. 5-12-1985)]. Himachal Pradesh: Same as in Punjab. [Vide Himachal Pradesh Act 2 of 1969, sec. 5 (w.e.f. 1-4-1969)]. Karnataka: Amendments to section 52 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 7 (w.e.f. 24-10-1976)]. Kerala: For clause (c) of sub-section (1), substitute the following namely:— “(c) subject to provisions contained in section 62, where a document is admitted to registration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission.” [Vide Kerala Act 7 of 1968, sec. 8 (w.e.f. 22-2-1968)]. Maharashtra and Gujarat: For modification of section 52(1)(c), 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. Orissa: Amendments are same as in Kerala. [Vide Orissa Act 14 of 1989, sec. 7 (w.e.f. 19-9-1989)]. Pondicherry:
(a) In section 52, in sub-section (1),—
(i) in clause (a), word “and” shall be added at the end; and
(ii) the word “and” at the end of clause (b) and clause (c) shall be omitted.
(b) After sub-section (1), insert the following sub-sections, namely:— “(1A) Subject to the provisions contained in section 62, where any document, not being of the class specified in the rules made under sub-section (3), is admitted to registration, it shall, without unnecessary delay, be copied in the appropriate book according to the order of its admission.
(1B) Subject to the provisions contained in section 62 and the rules made under sub-sections (3) and (4) and under section 89A, where any document of the class specified in the rules made under sub-section (3) is admitted to registration a true copy thereof shall, without unnecessary delay, be filed in the appropriate book according to the order of its admission.”
(c) After sub-section (2), add the following sub-sections, namely:— “(3) The State Government may, from time to time, specify by rules the classes of documents in respect of which true copies shall be filed in the appropriate book under sub-section (1B).
(4) The true copy referred to in sub-section (1B) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf, and where such copy is handwritten, it shall be prepared by a scribe who shall be licensed for this purpose by the State Government on payment of such fees as may be prescribed.
(5) The provisions of this Act shall, in their application to the classes of documents specified in the rules under sub-section (3), have effect, subject to the modifications set out in the Schedule.” [Vide Pondicherry Act 17 of 1970, sec. 4 (w.e.f. 1-11-1970)]. Punjab, Haryana and Chandigarh: For clause (c) of sub-section (1) of section 52, substitute the following, namely:— “(c) Subject to the provisions contained in section 62, a copy of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefor according to the order of admission of the document.” [Vide Punjab Act 19 of 1961, sec. 4 (w.e.f. 4-5-1961): Act 31 of 1966, sec. 89 (w.e.f. 1-11-1966)]. Rajasthan: In section 52(1) substitute clause (c) as under: “(c) Subject to the provisions contained in section 62, a true or photostat copy of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefor according to the order of its admission.” [Vide Rajasthan Act 11 of 1982, sec. 5 (w.e.f. 16-7-1982)]. Tamil Nadu: Same as in Pondicherry. [Vide Tamil Nadu Act 21 of 1966, sec. 2 (w.e.f. 1-4-1967)]. Tripura: In section 52(1), clause (c) be substituted as under: “(c) subject to the provisions contained in section 62 the true copy, referred to in section 18A of every document admitted to registration shall, without unnecessary delay, be pasted in the book appropriated therefor according to the order of its admission.” [Vide Tripura Act 7 of 1982, sec. 7 (w.e.f. 1-1-1983)]. Uttar Pradesh: In section 52(1)(c) an Explanation was inserted by Uttar Pradesh Act 14 of 1971, sec. 3 (w.e.f. 25-5-1971). The Explanation is now omitted by Uttar Pradesh Act 19 of 1981, sec. 11 (w.r.e.f. 1-8-1981). West Bengal: In section 52(1),—
(i) in clause (a) add the word “and” at the end,
(ii) omit the word “and” in clause (b), and omit clause (c),
(iii) after sub-section (1), insert as under— “(1A) Subject to the provisions contained in section 62, where any document, not being of the class specified in the rules made under sub-section (3), is admitted to registration, it shall, without unnecessary delay, be copied in the appropriate book according to the order of its admission.
(1B) Subject to the provisions contained in section 62 and in the rules made under sub-sections (3) and (4) and under section 89A, where any document of the class specified in the rules made under sub-section (3) is admitted to registration, a true copy thereof shall, without unnecessary delay, filed in the appropriate book according to the order of its admission.”
(iv) after sub-section (2), add as under:— “(3) The State Government may, from time to time, specify by rules the classes of documents, in respect of which true copies shall be filed in the appropriate book under sub-section (1B).
(4) The true copy referred to in sub-section (1B), shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules as may be made in this behalf.
(5) The provisions of this Act shall, in their application to the classes of documents specified in the rules made under sub-section (3), have effect subject to the modifications set out in the Schedule.” [Vide West Bengal Act 17 of 1978, sec. 3 (w.e.f. 1-1-1983)].
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
(1) of section 54 and after the said sub-section, as so renumbered, the following sub-section shall be added:— “(2)(a) If, in the opinion of the Registrar, any of the indexes 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 index or such portion thereof as he thinks fit to be recopied in such manner as may be prescribed under section 69, and the copy so prepared 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 index or portion, and all references in this Act to the original index or portion shall be deemed to be references to the index portion prepared as aforesaid.
(b) Notwithstanding anything contained in this Act, copies or any of the indexes mentioned in sub-section (1) or any portion of such index prepared before the commencement of the Indian Registration (Bihar Amendment) Act, 1952, in pursuance of an order of the Registrar or the Inspector-General 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 index or portion and all references in this Act to the original index or portion shall be deemed to be reference to the index or portion so prepared.” [Vide Bihar Act 24 of 1952, sec. 2 (w.e.f. 22-10-1952)]. Goa: In section 54, for the words “copied or filed a memorandum of”, the words “filed a true copy or a memorandum of” shall be substituted. [Vide Goa Act 24 of 1985, sec. 7 (w.e.f. 5-12-1985)]. Gujarat: Same as that of Maharashtra. [Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Karnataka: In section 54, for the words “copied or filed a memorandum of” substitute the word “filed a true copy or the memorandum of”. [Vide Karnataka Act 55 of 1976, sec. 8 (w.e.f. 24-10-1976)]. Kerala: In section 54, for the words “copied or filed a memorandum of”, substitute the words “filed a true copy or memorandum of”. [Vide Kerala Act 7 of 1968, sec. 9 (w.e.f. 22-2-1968)]. Maharashtra: In section 54, after the word “books” where it occurs for the second time, insert the words “and there shall also be prepared current indexes of the coments of the copies filed under sub-sections (1) and (3) of section 89“. [Vide Bombay Act 5 of 1929, sec. 8 (w.e.f. 22-5-1929) read with Act 35 of 1958 (w.e.f. 24-4-1958)]. Orissa: Amendments are same as in West Bengal. [Vide Orissa Act 14 of 1989, sec. 8]. Pondicherry: With reference to documents specified in rules made under section 52(3), as obtaining in Pondicherry, section 54 shall stand modified as follows:— For the words “copied or filed” words “filed a true copy of, or” shall stand substituted. [Vide Pondicherry Act 17 of 1970, Sch., Item 4 (w.e.f. 1-11-1970)]. Tripura: In section 54, for the words “copied, or filed a memorandum”, substitute the words “pasted a true copy or filed a memorandum of”. [Vide Tripura Act 7 of 1982, sec. 8 (w.e.f. 1-1-1983).] Tamil Nadu and West Bengal: For modification to sections 54 and 55, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978.
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,—
(a) in sub-section (2), for the words “document entered or memorandum filed”, the words “document of which a true copy or a memorandum, is filed” shall be substituted;
(b) in sub-section (4), for the words “authority entered”, the words “authority of which a true copy is filed” shall be substituted;
(c) in sub-section (5), for the words “document entered”, the words “document of which a true copy is filed” shall be substituted. [Vide Goa Act 24 of 1985, sec. 8 (w.e.f. 5-12-1985)]. Gujarat: Same as in Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Karnataka: Amendments to section 55 are the same as in Kerala. [Vide Karnataka Act 55 of 1976, sec. 9 (w.e.f. 24-10-1976)]. Kerala: In section 55,—
(i) in sub-section (2), for the words “documents entered or memorandum filed”, substitute the words “document of which a true copy or a memorandum is filed”;
(ii) in sub-section (4), for the words “authority entered”, substitute the words “authority of which a true copy is filed”;
(iii) in sub-section (5), for the words “document entered”, substitute the words “document of which a true copy is filed”. [Vide Kerala Act 7 of 1968, sec. 10 (w.e.f. 22-2-1968)]. Maharashtra: In section 55,—
(a) for sub-section (1), the following was substituted, namely:— “(1) Six such indexes shall be made in all registration offices and shall be named, respectively Index No. 1, Index No. IA, Index No. II, Index No. IIA, Index No. III and Index No. IV.”;
(b) after sub-section (2), the following sub-section was inserted, namely:— “(2A) Index No. IA shall contain the names including the father’s name, or, in the case of persons usually described by their mother’s name, the mother’s name, and the places of residence of all persons executing, and of all persons claiming under, the documents of which copies are filed under sub-section (1) or (3) of section 89.”;
(c) after sub-section (3), the following sub-section was inserted, namely:— “(3A) Index No. IIA shall contain such particulars mentioned in section 21 as the Inspector-General may, from time to time, prescribe in this behalf in regard to every copy filed under sub-section (1) or (3) of section 89.“;
(d) after the words “and additions” wherever they occur, the words “including the father’s name, or in the case of persons usually described by their mother’s name, the mother’s name and the places of residence” were substituted. [Vide Bombay Acts 5 of 1929, sec. 9 (w.e.f. 22-5-1929) read with 35 of 1958, sec. 2 (w.e.f. 24-4-1958)]. Orissa: In its application to the State of Orissa, in section 55,—
(i) sub-section (2), for the words “document entered or memorandum filed”, substitute “document of which a true copy or a memorandum is filed”;
(ii) in sub-section (4), or the words “authority entered”, substitute “authority of which a true copy is filed”; and
(iii) in sub-section (5), for the words “document entered”, substitute “document of which a true copy is filed”. [Vide Orissa Act 14 of 1989, sec. 9 (w.e.f. 19-9-1989). Pondicherry: With reference to documents specified in the Rules made under section 52(3) as obtaining in Pondicherry, section 55 shall stand modified as under:—
(i) in sub-section (2), for the words “every document entered or memorandum filed”, words “every document of which a true copy or a memorandum is filed” shall stand substituted;
(ii) in sub-section (4), for the words “every will and authority entered in Book No. 3“, words “every will and authority of which a true copy is filed in Book No. 3” shall stand substituted;
(iii) in sub-section (5), for the words “documents entered”, words “document of which a true copy is filed” shall stand substituted. [Vide Pondicherry Act 17 of 1970, Sch., Item 5]. Tripura: In section 55,—
(i) in sub-section (2), for the word “entered” substitute the words “of which a true copy pasted”;
(ii) in sub-section (4), for the words and figure “every will and authority entered in Book No. 3” substitute the words and figure “every will and authority of which a true copy is pasted in Book No. 3”;
(iii) in sub-section (5), for the word “entered” substitute the words “of which a true copy is pasted”. [Vide Tripura Act 7 of 1982, sec. 9 (w.e.f. 1-1-1983)]. West Bengal: Same as in Pondicherry. [Vide West Bengal Act 17 of 1978, sec. 7 and Sch.]. Section 55A West Bengal: For section 55A, which was inserted by the Indian Registration (West Bengal Amendment) Act, 1950 (29 of 1950), sec. 3, substitute the following, namely:— “55A. Copies of books and indexes to be as good as original books and indexes in certain cases.—Notwithstanding anything contained in any other law for the time being in force, copies of any of the books mentioned in sub-section (1) of section 51, and of any of the indexes mentioned in section 55, relating to documents registered on or before the 14th day of August, 1947, in registration offices situate in district or sub-districts which as a result of the award of the Boundary Commission appointed under section 3 of the Indian Independence Act, 1947, have fallen partly within West Bengal and partly within East Bengal, shall, on being authenticated in such manner as may be prescribed by the Inspector-General, be deemed for the purposes of this Act to have taken the place of, and to be, the original books and indexes from which such copies were made and all references in this Act to books and indexes shall be construed as including references to such copies.” [Vide West Bengal Act 31 of 1951, sec. 2 (w.e.f. 2-11-1951)].
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:—
(a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent; tc" (a) the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;"
(b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and tc" (b) the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and"
(c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution. tc" (c) any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution."
(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal. tc "(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal." State Amendments Tamil Nadu: In section 58,—
(i) in sub-section (1), after item (a), the following item shall be inserted, namely:— “(aa) in the case of a document for sale of property, the signature and addition of every person admitting the claim under such document, and, if such claim has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;”;
(ii) in sub-section (2), after the expression “execution of a document”, the expression “and in the case of a document for sale of property, any person admitting the execution of such document, or any person admitting the claim under that document” shall be inserted. [Vide Tamil Nadu Act 28 of 2000].
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.
(3) Nothing in this section shall apply to document executed out of India or out of the State of Bihar or to a will or to document scribed by document-writer holding licence for one sub-district or one district and presented for registration in another sub-district or another district as the case may be, or to documents executed by or on behalf of the Government or local authorities or other corporate bodies.
68B. Grant of licence to document-writers.—
(1) The Registrar of district or any other officer authorised by him in this behalf may grant a licence, to be valid in one sub-district or one district in the prescribed form to document-writer or apprentice to document-writer on an application made in this behalf, on such term and conditions as may be prescribed by the Inspector-General of Registration in this behalf after conducting a written test as may be prescribed.
(2) A licence may be granted to any person who has been in the profession of the document-writer for at least ten years prior to the date of the Registration (Bihar Amendment) Ordinance, 1991 came into force, without requiring him to appear in the written test referred to in sub-section (1), if the Registrar of a district or any other officer authorised by him in this behalf is satisfied that he is otherwise fit to take the profession of a document-writer.
(3) A licence granted under sub-sections (1) and (2) shall, remain valid till the 31st day of December of the year in which the same was issued and shall be subject to renewal before the expiry of its period of validity on such terms and conditions, as may be prescribed.
(4) (a) The licence granted under sub-sections (1) and (2) may at any time, be suspended or cancelled on the breach of conditions prescribed or for such other reason to be recorded in writing by the Registrar of district or the officer authorised by him, after the document writer has been given sufficient opportunity to show cause against the proposed suspension or cancellation of the licence and after the same has been duly considered.
(b) An appeal shall lie before the Inspector-General of Registration against any order passed under this section. Explanation.—For the purpose of sections 68A and 68B,—
(i) “Document-writer” means and includes one who is engaged in the profession of preparing documents, namely, doing the work of conveyancing, including investigation of titles, preparation of draft deeds and engrossing and transcribing the deed, including copies, if any, for registration, or marking searches and inspection under the Act, and
(ii) “Apprentice” means one who assists a document-writer in the preparation of document and transcribes them (including copies, any) to be present for registration.” [Vide Bihar Act 6 of 1991, sec. 5 (w.e.f. 8-8-1991)].
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[***]"
61 [(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;] tc" 3[(aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under sub-section (1) of section 16A;]"
(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,—
(i) to clause (g) of sub-section (1) add the following words: “and the manner of recopying such books or portions thereof”. [Vide Bihar Act 14 of 1947, sec. 3 (w.e.f. 21-4-1947)].
(ii) after clause (h) of sub-section (1) insert the following new clause: “(hh) regulating the manner of recopying indexes on portions thereof.” [Vide Bihar Act 24 of 1952, sec. 3 (w.e.f. 22-10-1952)].
(iii) after clause (b), insert the following new clause, namely:— “(bb) providing for the grant of licences to document-writers and apprentices to document-writer, the suspension and cancellation of such licences, the terms and conditions under which such licences may be granted and generally for all other purposes connected with the writing of documents to be presented for registration.” [Vide Bihar Act 6 of 1991, sec. 6 (w.e.f. 8-8-1991)].
(iv) after clause (hh) of sub-section (1), insert the following clause, namely,— “(i)(hh1) regulating the number and manner in which the true duplicate typed or handwritten copies of documents and translation of documents under section 19 shall be prepared and the books in which they shall be placed on record;
(ii) (hh2) regulating the form of declaration and the manners of keeping the records under sub-section (2) of section 32A.” [Vide Bihar ordinance 7 of 1997, sec. 5 (w.e.f. 11-8-1997)]. Delhi: Same as in Punjab. See G.S.R. 465 of 1955, Gazette of India, 1965, Pt. II, Sec. 3(i), p. 499. Gujarat: Same as in Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Himachal Pradesh: Same as in Bihar (iii). [Vide Himachal Pradesh Act 2 of 1969, sec. 7 (w.e.f. 1-4-1969)]. Karnataka: In section 69(1),—
(i) in clause (g) after the word and figures “section 51” insert the words “and the manner of recopying such books on portions thereof”,
(ii) after clause (i) insert as under— “(ii) prescribing the manner in which and the terms subject to which persons who write deeds outside the precincts of a registration officer, or who frequent the precincts of registration officers, for the purpose of writing documents may be granted licence and prescribing the fees to be paid for such licences;” [Vide Karnataka Act 55 of 1976, sec. 13 (w.e.f. 23-10-1976)]. In section (1) of section 69 after clause (j), the following shall be inserted, namely:— “(k) providing for the manner of return of documents under sub-section (2) of section 61”. [Vide Karnataka Act 41 of 1984, sec. 4 (w.e.f. 7-11-1986)]. Kerala: In section 69 after clause (b) of sub-section (1) insert the following clause:— “(bb) providing for grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licence shall be granted and generally for all purposes connected with the writing of documents to be presented for registration.” [Vide Kerala Act 2 of 1959, sec. 3 (w.e.f. 1-6-1960)]. Note.—Clause (bb) inserted in sub-section (1) of section 69 by the Indian Registration (Travancore-Cochin Amendment) Act, 1952 (T.C. Act 25 of 1952) is omitted. Madhya Pradesh:
(i) to clause (g) of sub-section (1) add the following, namely: “and the manner of recopying such books or portions thereof.” [Vide Bombay Act 24 of 1938, sec. 4 (w.e.f. 8-2-1939) read with Act 35 of 1958, sec. 2 (w.e.f. 24-4-1958).
(ii) after clause (gg) of sub-section (1) insert the following clause: “(ggg) regulating the procedure for transmitting documents for being photographed and the serial numbering binding and preservation of the photographic prints and negatives, the manner of fixing the signature and seal of the Photo-Registrar at the end of a length of film, and the procedure generally in the Government Photo-Registary.” [Vide Bombay Act 35 of 1958, sec. 6 (w.e.f. 24-4-1958)].
(iii) after clause (h) of sub-section (1) after the figures ‘I’ and ‘II’ insert the figures “IA” and “IIA” respectively. [Vide Bombay Act 5 of 1929, sec. 11 (w.e.f. 25-5-1929) read with Act 35 of 1958, sec. 2 (w.e.f. 24-4-1958)].
(i) after clause (h), insert the following new clauses, namely:— “(hh) regulating the manner in which translations to be delivered under section 19 shall be prepared and in which they shall be declared to be faithful translations;
(hhh) providing for the grant of licences to document writers, the suspension or revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, suspended or revoked, and generally for all purposes connected with the drafting or writing by such document writers of documents to be presented for registration;
(hhhh) regulating the manner of recopying the books kept under section 51 and the Indexes;” [Vide Uttar Pradesh Act 14 of 1971, sec. 5 (w.e.f. 25-5-1971)]. Clause (hh) as inserted by Uttar Pradesh Act 14 of 1971, substituted by Uttar Pradesh Act 19 of 1981, sec. 13 (w.r.e.f. 1-8-1981).
(ii) after clause (d) insert as under— “(dd) providing for refund of registration fees paid in excess;
(ddd) providing for recovery of deficiency in registration fees.” [Vide Uttar Pradesh Act 48 of 1975, sec. 3 (w.e.f. 1-11-1975)].
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
70A. Application of this part.—This part shall apply to the areas only in respect of which a notification is issued by the Government of Andhra Pradesh under section 70B.
70B. Documents scanned by electronic devices in areas notified by the Government.—
(1) The Government of Andhra Pradesh may, by notification, in the Official Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and the compact disks on copies preserved on such devices and retrieved when required.
(2) Notwithstanding anything in this Act or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the registering officer in charge of the office shall also be received in evidence of any transaction as is described in the said document.
70C. Saving.—Nothing in this Part shall apply,—
(i) to any document which in the opinion of registering officer is not in a condition fit to be processed by means of electronic devices;
(ii) in the case of unforeseen eventuality like break down of the computerised system of registration: Provided that the registering officer shall record the reasons in writing therefore— Provided further that the registering officer shall ensure that the data and images of the documents registered during the period of non-application of this Part, due to a break down of the computerised system, are duly incorporated into the computer system, after the same is restored, in the manner prescribed by the Inspector General of Registration.” [Vide Andhra Pradesh Act 16 of 1999, sec. 6 (w.e.f. 31-12-1998)]. Gujarat: Same as that of Maharashtra. [Vide Act 11 of 1960, sec. 87 and Gujarat A.L.O., 1960]. Karnataka: Following part and sections be inserted:— “Part IXA Photocopying of Documents
70A. Application of this Part.—This Part shall apply only to the areas in respect of which a notification is issued by the State Government under section 70: Provided that nothing in this Part shall apply to the registration of any document executed before its application to such area.
70B. Definition.—In this Part, “photocopy” means a copy prepared on such paper and by means of such photocopying process or machine as may be prescribed by rules and “photocopied” and “photocopying” shall be construed accordingly.
70C. Documents may be photocopied in the areas notified by the State Government.—
(1) The State Government may, by notification, direct that in any district or sub-district specified in the notification, copies of documents admitted to registration under this Act shall be made by photocopying.
(2) On the issue of such notification, it shall be passed in a conspicuous place at the registration offices affected by the notification.
70D. Application of Act to areas notified under section 70C.—In any district or sub-district in respect of which notification has been issued under section 70C, the provisions of this Act shall, for the purpose of this Part be subject to the following modifications, namely:—
(1) (a) Every document admitted to registration under section 35 or section 41 shall be carefully marked with an identification stamp and the serial number of the document on every page;
(b) The registering officer shall then cause, each side of each page of such document together with all stamped endorsements, seals, signatures, thumb-impressions and certificates appearing thereon to be photocopied without substraction or alteration. He may for this purpose cut or untie without breaking any seal, the thread or ribbon where the pages of the document are sewn together in order to separate the pages of the documents, and as soon as the document has been photocopied he shall rebind the document as before and if he has cut the thread or ribbon shall seal it over the joint with his seal;
(c) The registering officer shall then affix his signature and seal in token of the exact correspondence of such photocopy to the original document, as admitted for registration;
(d) The registering officer shall cause a copy so prepared to be filed, in accordance with the provisions of this Act and such rules as may be prescribed;
(e) The true copy of the map or plan if any, mentioned in section 21 may also be filed along with the photocopy of the document or filed separately, in such manner as the Inspector General may direct.
(2) All the words and expressions used in the Act with reference to the making of copies or documents by hand or the entering or filing of documents or memorandum in books provided under section 16, shall so far, as may be necessary, be construed as referring to the making of such copies by means of photocopying or the entering or filing of documents or memoranda in books made up of copies prepared by photocopying.
(3) Where this Part applies, the sections mentioned below shall be deemed to be modified as follows:—
(a) in section 19, the words “and also by true copy” shall be omitted;
(b) in section 20, sub-section (2) shall be omitted;
(c) in section 45,—
(i) in sub-section (1), for the words, letter and figure “cause the contents thereof to be copied into his book No. 3”, the words, letter and figure “cause a photocopy of the contents thereof to be made and filed in his book No. 3” shall be substituted;
(ii) in sub-section (2), for the words “copy has been made”, the words “photocopy has been filed” shall be substituted.
(d) in sub-section (2) of section 46,—
(i) for the words “unless the will has been already copied”, the words “unless a photocopy of the will has already been filed” shall be substituted;
(ii) for the words, letter and figure “cause the will to be copied into his Book No. 3”, the words, letter and figure “cause a photocopy of the will to be made and filed in his Book No. 3” shall be substituted;
(e) in section 51,—
(i) for sub-section (2), the following sub-section shall be substituted, namely:— “(2) In Book No. 1 shall be filed—
(i) photocopies of all documents; and
(ii) all memoranda, registered under sections 17, 18 and 89 which relate to immovable property and are not wills.”
(ii) in sub-section (3), for the words “entered all documents” the words “filed photocopies of all documents” shall be substituted;
(f) in section 52, for clause (c) of sub-section (1), the following clause shall be substituted, namely:— “(c) Subject to the provisions contained in section 62, every document admitted to registration shall, without unnecessary delay, be photocopied and filed in the appropriate book according to the order of its admission.”;
(b) in the marginal heading and in section 53, for the word “entries” where it occur, the word “photocopies” respectively shall be substituted;
(h) in section 54, for the words “copied, or filed a memorandum of” the words “filed a photocopy or a memorandum of” shall be substituted.
(i) in section 55,—
(i) in sub-section (2), for the words “document entered or memorandum filed”, the words “document of which a photocopy or memorandum is filed” shall be substituted;
(ii) in sub-section (4), the words “authority entered”, the words “authority of which a photocopy is filed” shall be substituted;
(iii) in sub-section (5), for the words “document entered”, the words “documents of which a photocopy is filed” shall be substituted;
(j) in section 60, in sub-section (1), for the words “document has been copied”, the words “photocopy of the document has been filed” shall be substituted;
(k) in section 61, sub-section (1) shall be omitted;
(l) in section 62, for sub-section (1), the following shall be substituted, namely:— “(1) When a document is presented for registration under section 19, the translation together with the photocopy of the document shall be filed in the appropriate book.”;
(m) in section 81,—
(i) in the marginal heading, for the words “copying, translating, or registering documents”, the words “copying, photocopying, translating, registering or filing photocopies of documents” shall be substituted;
(ii) for the words “copying, translating or registering of any document”, the words “copying, photocopying, translating registers or files a copy of such document” shall be substituted;
(iii) for the words “copies, translates or registers such documents”, the words “copies, photocopies, translates, registers or files a copy of such document” shall be substituted.
(n) after section 89 following section shall be inserted, namely:— “89A. Power to make rules for filing of photocopies of document.—(1) The State Government may make rules for all purposes connected with the preparation or filing of photocopies 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—
(a) the manner in which photocopies of documents shall be prepared; and
(b) the manner of filing of such copies.
(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 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.”
(5) Nothing in this Part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the registering officer, is not in a fit condition to be photocopied.
(6) Notwithstanding anything contained in this Part, in the case of document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept three copies of such map, plan or trade mark label and where such true copies are accepted, the map, plan or trade mark label shall not be photocopied and such copies thereof shall be filed in the appropriate file book.” [Vide Karnataka Act 41 of 1984, sec. 5 (w.e.f. 7-11-1986)]. Maharashtra: After Part XI of the main Act insert the following Part XIA, namely:— “Part XIA Of the Copying of Documents by means of Photography
70A. Application of this Part.—This Part shall apply to the areas only in respect of which a notification is issued by the Provincial Government under section 70C.
70B. Definitions.—In this Part—
(1) “Government Photo Registry” means the office where documents are photographed under the provisions of this Part.
(2) “Manager, Government Photo Registry” means the person in charge of the Government Photo Registry.
(3) “Photo Registrar” means any person appointed by the Provincial Government to perform the duties of Photo Registrar under this Part.
70C. Documents may be photographed in areas notified by State Government.—
(1) The State Government may, by notification in the Official Gazette, direct that in any district or sub-district specified in the notification copies of documents admitted to registration under this Act shall be made by means of photography.
(2) On the issue of such notification it shall be translated into the vernacular of the district and shall be posted in a conspicuous place at the registration offices affected by the notification.
70D. Application of Act to areas notified under section 70C.—In any district or sub-district in respect of which a notification has been issued under section 70C the provisions of this Act shall, for the purposes of this Part, be subject to the following modifications, namely:—
(1) (a) Every document admitted to registration under section 35 or section 41 shall be carefully marked with an identification stamp and the serial number of the document on every page.
(b) It shall then be transmitted by the registering officer to the Manager, Government Photo Registry who shall cause, each side of each page of such document together with all stamps, endorsements, seals, signatures, thumb-impressions and certificates appearing thereon to be photographed without substraction or alteration. He may for this purpose cut or untie, without breaking any seals, the thread or ribbon where with the pages of the document are sewn together in order to separate the pages of the document and as soon as the document has been photographed he shall rebind the document as before and if he has cut the thread or ribbon shall seal it over the joint with his seal: Provided that before transmission of the document to the Manager, Government Photo Registry the party presenting the document may require the registering officer to have it copied by hand under section 52 on payment of an additional copying fee.
(c) There shall then be prepared and preserved the negative and at least one photographic print and to each such negative and print the Photo Registrar shall fix his signature and seal in token of the exact correspondence of the copy of the original document, as admitted for registration: Provided that when more than one such negative is recorded on one length of film and the Photo Registrar has affixed his signature and seal at the end of such length of film certifying in the manner prescribed by rules made in this behalf the exact correspondence of all copies on such length of film with the original documents, the Photo Registrar shall be deemed to have affixed his signature and seal to each such negative on such length of film: Provided further that in case of documents containing plans or maps the negatives of such plans and maps may be prepared on paper instead of on films and where the negatives are so prepared, the Photo Registrar shall fix his signature and seal separately to each such negative and print of such plan or map in token of the exact correspondence of the copy to the original map or plan contained in the document as admitted for registration.
(d) One set of such prints arranged in the order of their serial numbers shall be made up into books and sewn or bound together. To each such book the Registar or Sub-Registrar shall prefix a certificate of the serial numbers it contains, and the books shall then be preserved in the records of the Sub-Registrar. The negatives shall be preserved in such suitable place as the Inspector-General may prescribe: Provided that prints of plants or maps contained in documents may either be bound with the prints of such documents or filed separately in such manner as the Inspector-General may direct.
(2) All words and expressions used in the Act with reference to the making of copies of documents by hand or the entering or filing of documents or memorandum in book provided under section 16 shall, so far as may be necessary, be construed as referring to the making of such copies by means of photography or the entering or filing of documents or memoranda in books made up of copies prepared by means of photography.
(3) Where this Part applies the sections mentioned below shall be deemed to be modified as follows:
(a) in section 19 the words “and also by a true copy” shall be omitted;
(aa) sub-section (2) of section 20 shall be omitted;
(b) sub-section (4) of section 21 shall be omitted;
(c) the words “according to the order of its admission” occurring in clause (c) of sub-section (1) of section 52 shall be omitted;
(d) section 53 shall be omitted;
(e) in sub-section (1) of section 60 the words “and page” shall be omitted;
(f) sub-section (1) of section 61 shall be omitted;
(g) in sub-section (1) of section 62,—
(i) for the words “transcribed” the word ‘copied’ shall be substituted; and
(ii) for the words and figures “copy referred to in section 19”, the words “photograph of the original” shall be substituted.
70F. Savings.—
(1) Nothing in this Part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the registering officer is not in a fit condition to be photographed.
(2) Notwithstanding anything contained in this Part, in the case of any document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept true copies of such map, plan or trade mark label and where such true copies are accepted, the map, plan or trade mark label shall not be photographed and such copies thereof shall be filed in the appropriate book.“ [Vide Bombay Acts 17 of 1930 sec. 3 (w.e.f. 4-9-1930), 18 of 1933, 24 of 1938 read with 35 of 1958, sec. 2 (w.e.f. 24-4-1958)]. Tamil Nadu: After Part XI, the following Part shall be inserted, namely:— “Part XI-A Registration of Documents by means of electronic devices
70A. Application of this Part.—This Part shall apply to the areas only in respect of which a notification is issued by the State Government under sub-section
(1) of section 70B.
70B. Documents scanned by electronic devices in areas notified by the State Government.—
(1) The State Government may, by notification, in the Tamil Nadu Government Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and compact disks and copies preserved on such devices and retrieved when required.
(2) Notwithstanding anything contained in this Act, or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the Registering Officer in-charge of the office shall also be received in evidence of any transaction as is described in the said document.
70C. Saving.—Nothing in this Part shall apply,—
(i) to any document which in the opinion of Registering Officer is not in a condition fit to be processed by means of electronic devices;
(ii) in the case of unforeseen eventuality like breakdown of the computerised system of registration: Provided that the Registering Officer shall record the reasons in writing therefor: Provided further that the Registering Officer shall ensure that the data and images of the documents registered due to a breakdown of the computerised system, are duly incorporated into the computer system, after the same is restored, in the manner prescribed by the Inspector-General.”. [Vide Tamil Nadu Act 50 of 2000, sec. 6 (w.e.f. 25-7-2000)].
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.—
(1) Notwithstanding anything contained in section 80, if after the registration of document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit in the fee paid, as the case may be, may, on a certificate of the registering officer be recovered from the person who represented such document for registration under section 32, as an arrear of a land revenue: Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard: Provided further that no such enquiry shall be commenced after the expiry of such period, after the date of the registration of the document, as may be prescribed.
(2) The certificate of the registering officer under sub-section (1) shall, subject to appeal under sub-section (3), be final and shall not be called in question in any Court or before any authority.
(3) Any person aggrieved by a certificate of the registering officer under sub-section (1) may appeal to the Registrar if it is a certificate of the Sub-Registrar, or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time and shall be heard and disposed of in such manner, as may be prescribed.
(4) The Government or the Inspector-General of Registration and Stamps may write off the irrecoverable arrears of deficit registration fee subject to such conditions as may be prescribed.” [Vide Andhra Pradesh Act 4 of 1999, sec. 7 (w.e.f. 1-4-1999)]. Gujarat: After section 80, insert as under: “80A. Recovery of deficit amount or registration fee as arrear of land revenue and provision for refund.—(1) If, on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may (after failure to pay the same on demand within the period specified therein), on a certificate of the Inspector General of Registration, be recovered from the person who presented such document for registration under section 32 as an arrear of land revenue. The certificate of the Inspector General of Registration shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard.
(2) Where the Inspector General of Registration finds that the amount of fee in excess of that which is legally chargeable, has been charged and paid under the provisions of this Act, he may upon an application in writing or otherwise refund the excess.” [Vide Gujarat Act 18 of 1990, sec. 4 (w.e.f. 19-11-1990)]. Haryana: After section 80, insert as under: “80A. Deficit amounts of fees payable and their recovery.—(1) If the value of the property or the considerations, as the case may be, has been increased under section 47A of the Indian Stamp Act, 1899, the consequential increase in the fee for the registration of documents under this Act, shall be paid by the person liable to pay the same within a period of thirty days from the date the order of determination of the value of the property or the consideration, as the case may be, is communicated to him.
(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue.” [Vide Haryana Act 36 of 1973, sec. 2 (w.r.e.f. 1-11-1966)]. Himachal Pradesh: After section 80, insert as under: “80A. Recovery of registration fees as arrears of land revenue and provision for refund.—(1) If on inspection, or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, after failure to pay the same on demand within a specified period, on a certificate of the registering authority concerned, be recovered from the person who presented such document for registration under section 32 as an arrear of land revenue.
(2) Where the Registrar finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this Act, he may, upon an application in writing or otherwise, refund the excess.” [Vide Himachal Pradesh Act 1 of 1982, sec. 2 (w.e.f. 15-1-1982)]. Karnataka: After section 80, insert as under: “80A. Recovery of registration fee not levied or short levied, etc.—(1) If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may, on a certificate of the Inspector-General of Registration, be recovered from the person who presented such document for registration, as an arrear of land revenue. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted without giving such person,—
(i) an opportunity of being heard; and
(ii) an opportunity to pay the amount of fee found due from him.
(2) If on inspection or otherwise the Inspector-General of Registration finds that the amount of fees charged and paid under the provisions of this Act is in excess of that which is legally chargeable, he may, upon an application in writing or otherwise, refund the excess fee so charged and paid.
(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first day of April, 1972.” [Vide Karnataka Act 19 of 1980, sec. 2 (w.r.e.f. 1-4-1972)]. Madhya Pradesh: After section 80 the following section shall be inserted, namely:— “80A. Recovery of deficient registration fees as arrears of land revenue.—If on inspection or otherwise, it is found that the fees payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient amount of fee shall after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document, as arrears of land revenue.” [Vide Madhya Pradesh Act 4 of 1999, sec. 3 (w.e.f. 15-10-1999)]. Maharashtra: After section 80, insert the following, namely:— “80A. Recovery of fees and provision for refund.—(1) If on inspection or otherwise, it is found that any fee payable under this Act has not been paid or has been paid insufficiently, such fee may (after failure to pay the same on demand within the period specified therein), on a certificate of the Inspector-General of Registration, be recovered as an arrear of land revenue from the person from whom such demand is made. The certificate of the Inspector-General shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard.
(2) Where the Inspector-General of Registration finds the amount of fee in excess of that which is legally chargeable has been charged and paid under the provisions of this Act, he may, upon an application in writing or otherwise, refund the excess.” [Vide Maharashtra Act 35 of 1966, sec. 2 (w.e.f. 9-11-1966) and Maharashtra Act 49 of 1975, sec. 2 (w.e.f. 2-10-1975)]. Orissa: After section 80, insert as under: “80A. Recovery of dificient registration fees as arrears of land revenue.—If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient fee shall, after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document as arrears of land revenue.“ [Vide Orissa Act 19 of 1991, sec. 3 (w.e.f. 17-9-1991)]. Punjab: After section 80, insert as under: “80A. Duty of Collector in proceedings under section 47A of the Indian Stamp Act, 1899.—(1) If during any proceedings under section 47A of the Indian Stamp Act, 1899, the Collector finds that the fee paid for registration of document under this Act is in deficit, he shall while determining the duty, by an order, also determine the deficient amount of fee and shall send a copy of the order so made to the concerned registering officer for the recovery of the amount of fee found so deficient from the person liable to pay the deficient amount of duty under the said section 47A in respect of such a document: Provided that no order determining the deficient amount of fee shall be made after the expiry of a period of three years from the date of registration of the document.
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by him under section 47A of the Indian Stamp Act, 1899.
(3) Any amount recoverable under this section, may be recovered as arrears of land revenue.
80B. Recovery of deficient amount of fee as arrears of land revenue.—
(1) Where on inspection or otherwise, it is found that the fee payable under this Act in relation to any registered document has not been paid or has been insufficiently paid such fee or the deficient fee, as the case may be, if not paid to the concerned registering officer on demand within the prescribed period, may, on a certificate of the Inspector-General of Registration or of the Registrar of a district, be recovered as arrear of land revenue from the person who presented such a document for registration in terms of the provisions of section 32: Provided that,—
(i) no demand of fee as aforesaid shall be made after the expiry of a period of three years from the date of registration of the document, and
(ii) the certificate shall be issued after due enquiry and the person concerned having been given an opportunity of being heard.
(2) The certificate issued under sub-section (1), shall be final and shall not be called into question in any court or before any authority.
80C. Refund of excess fee.—Where the Inspector General of Registration finds that the amount of fee charged and paid is in excess to that which is legally chargeable and payable under this Act, he may, upon an application in writing or otherwise, refund the excess amount of fee so charged and paid.” [Vide Punjab Act 18 of 1994, sec. 3 (w.e.f. 18-7-1994)]. Rajasthan: After section 80, insert as under: “80A. Duty of Collector in proceedings under sections 47A and 47C of the Indian Stamp Act, 1899.—
(1) Where during the course of proceedings, if any, under section 47A or section 47C of the Indian Stamp Act, 1899, the Collector is satisfied that the fee for registration paid under this Act in respect of a document or instrument is in deficit, he shall determine, in the course of such proceedings, the deficient amount of fee and recover the same from the person liable to pay the deficient amount of stamp duty under the said section.
(2) The amount recoverable under this section shall be recovered as arrears of land revenue.
80B. Recovery of deficient registration fee as arrears of land revenue.—If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may (after failure to pay the same on demand within the prescribed period) on a certificate of Inspector-General of Registration or any other officer appointed under section 8, be recovered from the person liable to pay the stamp duty as arrears of land revenue. Such certificate shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted unless due enquiry is made and such person has been given an opportunity of being heard.” [Vide Rajasthan Act 11 of 1982, sec. 8 (w.e.f. 16-7-1982)]. Tamil Nadu: After section 80, insert as under: “80A. Recovery of deficit registration fee.—
(1) Notwithstanding anything contained in section 80, if, after the registration of a document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit, as the case may be, may, on the certificate of the registering officer, be recovered from the person who presented such document for registration under section 32, as an arrear of land revenue: Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard: Provided further that no such inquiry shall be commenced after the expiry of such period, after the date of registration of the document, as may be prescribed.
(2) The certificate of the registering officer under sub-section (1) shall, subject only to appeal under sub-section (3), be final and shall not be called in question in any court or before any authority.
(3) Any person aggrieved by a certificate of the registering officer under sub-section (1), may appeal to the Registrar if it is a certificate of the sub-Registrar or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time, and shall be heard and disposed of in such manner, as may be prescribed.” [Vide Tamil Nadu Act 31 of 1982, sec. 2 (w.e.f. 5-9-1983). Uttar Pradesh: After section 80, insert as under: “80A. 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 fee 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 fee and 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.
(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.
(3) Any amount recoverable under this section may be recovered as arrears of land revenue.
80B. Recovery of deficient registration fee as arrears of land revenue and provision for refund for excess.—
(1) If on inspection or otherwise, it is found that the fee payable under this Act in relation to any document which is registered has not been paid or has been insufficiently paid, such fee may (after failure to pay the same on demand within the prescribed period), on a certificate of Inspector-General of Registration, Additional Inspector-General of Registration or Deputy Inspector-General of Registration, be recovered from the person who presented such document for registration under section 32 as arrears of land revenue. Such certificate shall be final and shall not be called in question in any court or before any authority: Provided that no such certificate shall be granted unless due enquiry is made and such person has been given an opportunity of being heard.
(2) Where the Inspector-General of Registration finds that the amount of fee charged and paid exceeds that which is legally chargeable under the provisions of this Act he may, upon an application in writing or otherwise, refund the excess.” [Vide Uttar Pradesh Act 48 of 1975, sec. 5 (w.e.f. 1-11-1975)]. Karnataka: After Part XIII, insert as under: “Part XIIIA tc "“Part XIIIA" Of Deed Writers “80B. Deed writers to hold licences.—No person other than an advocate or other legal practitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rules made under section 69.” [Vide Karnataka Act 55 of 1976, sec. 14 (w.e.f. 23-10-1976)]. Tamil Nadu: After Part XIII, insert as under: “Part XIIIA tc "“Part XIIIA" Of Touts “80B. Powers to frame and publish lists of touts.—(1) Every Registrar of a district as regards his own office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80C, by evidence of general repute or otherwise, habitually to act as torts, and may from time to time, alter and amend such lists.
(2) No person’s name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.
(3) Where the name of any person is included in a list framed and published by a Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary on such application shall be final.
80C. Inquiry by a Sub-Registrar regarding suspected touts.—Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard of such person and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80B, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section
(1) of section 80B: Provided that such authority shall hear such person who before his name has been so included, appears before him and desires to be heard.
80D. Display of lists of touts in registration offices.—A copy of every such list shall be conspicuously displayed in every registration office to which the same relates.
80E. Exclusion of touts from precincts of registration offices.—A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list.
80F. Presumption as to touts found within precincts of registration offices.—Every person who having been excluded from the precincts of a registration office under section 80E is found within the precincts of any registration office, without written permission from the registering officer shall be deemed to be acting as a tout for the purposes of section 82A: Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of the registering officer.
80G. Arrest and trial of touts.—
(1) Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be forthwith produced before the registering officer.
(2) If the tout admits his offence the provisions of section 345 of the Code of Criminal Procedure, 1973 (2 of 1974) shall be applicable, so far as may be, to his detention, trial and punishment.
(3) If the tout does not admit his offence the provisions of section 346 of the Code shall be similarly applicable to his detention, trial and punishment.
(4) A registering officer shall be deemed to be a Civil Court for the purposes of sections 345 and 346 of the said Code.” [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 1-1-1988)]. West Bengal: After Part XIII of the main Act, insert the following Parts XIIIA and XIIIB, namely:— “Part XIIIA Of Touts
80A. Powers to frame and publish lists of touts.—
(1) Every Registrar of district as regards his own office and the offices subordinate thereto and every Sub-Divisional Magistrate as regards the registration offices within his own jurisdiction may frame and publish lists of persons proved to his satisfaction or to the satisfaction of any Sub-Registrar as provided in section 80B, by evidence of general repute or otherwise, habitually to act as touts, and may, from time to time. alter and amend such lists.
(2) No person’s name shall be included in any such list until he shall have had an opportunity of showing cause against such inclusion.
(3) Where the name of any person is included in a list framed and published by a Sub-Divisional Magistrate under this section, such person may, within thirty days of the publication of the list in which his name first appears, apply in writing to the Registrar of the district for the removal of his name from such list and the orders of the Registrar, passed after such inquiry (if any) as he considers necessary, on such application shall be final.
80B. Inquiry by Sub-Registrar regarding suspected touts.—Any Registrar of a district or Sub-Divisional Magistrate may send to any Sub-Registrar within the jurisdiction of such authority the name of any person alleged or suspected to be a tout and request the Sub-Registrar to hold an inquiry in regard to such person; and the Sub-Registrar shall thereupon hold an inquiry into the conduct of that person, and, after giving him an opportunity of showing cause as provided in sub-section (2) of section 80A, shall report to the authority who has made the request whether the person has been proved to the satisfaction of the Sub-Registrar to be a tout; and that authority may include the name of any person who has been so proved to be a tout in the list of touts framed and published by him under sub-section
(1) of section 80A: Provided that such authority shall hear any such person who, before his name has been so included, appears before him and desires to be heard.
80C. Hanging up of lists of touts in registration offices.—A copy of every such list shall be kept hung up in every registration office to which the same relates.
80D. Exclusion of touts from precincts of registration offices.—A registering officer may, by general or special order, exclude from the precincts of his registration office any person whose name is included in any such list.
80E. Presumption as to touts found within precincts of registration offices.—Every person who having been excluded from the precincts of a registration office under section 80D is found within the precincts of any registration office without written permission from the registering officer, shall be deemed to be acting as a tout for the purposes of section 82A: Provided that this section shall not apply where such person is a party to a document intended for registration at such office or has been directed to appear by any process of the registering officer.
80F. Arrest and trial of touts.—
(1) Any registering officer may, by an order in writing, direct any person named in the order to arrest any such tout found within the precincts of the registration office. Such tout may be arrested accordingly and shall be forthwith produced before the registering officer.
(2) If the tout admits his offence the provisions of sections 480 and 481 of the Code of Criminal Procedure, 1898, shall be applicable, so far as may be, to his detention, trial and punishment. If the tout does not admit his offence the provisions of section 482 of the said Code shall be similarly applicable to his detention, trial and punishment.
(3) A registering officer shall be deemed to be a Civil Court for the purposes of sections 480, 481 and 482 of the said Code. Part XIIIB Of Deed-Writers
80G. Power of Inspector-General to make rules relating to deed-writers.—
(1) The Inspector-General shall have power, from time to time, to make rules consistent with this Act—
(a) prescribing the manner in which and terms subject to which persons who write documents outside the precincts of a registration office, or who frequent the precincts of registration offices, for the purpose of writing documents, may be granted licences;
(b) prescribing the fees (if any) to be paid for such licences; and
(c) declaring the conditions under which persons who write documents outside the precincts of registration offices without licences shall be deemed to be touts for the purposes of this Act.
(2) The rules so made shall be submitted to the State Government for approval, and, after they have been approved, they shall be published in the Official Gazette and on publication shall have effect as if enacted in this Act.” [Vide Bengal Act 5 of 1942, sec. 9 (w.e.f. 1-11-1943)]. West Bengal: In its application to the State of West Bengal, after Part XIIIB, insert the following Part XIIIC, namely,— Part XIIIC Of acquisition of Immovable Property in certain cases of Transfer
80H. Immovable property in respect of which proceedings for acquisition may be taken.—
(1) Where the State Government, on receipt of any report from the registering officer or otherwise, has reason to believe that any immovable property has been transferred by a person to another person for an apparent consideration which is less than the fair market value of the property and that the consideration for such as agreed to between the parties has been truly stated in the instrument of transfer, the State Government may acquire the property after initiating proceedings in accordance with the provisions of the land Acquisition Act, 1894 (1 of 1894).
(2) Every registering officer shall report to the State government in the Judicial Department any case of transfer as aforesaid as soon as it comes to his notice. Explanation.—Words and expressions used herein and not defined but defined in Chapter XXA of the Income-tax Act, 1961 (43 of 1961), shall have the meanings respectively assigned to them in that Act.” [Vide West Bengal Act 23 of 1984, sec. 3 (w.e.f. 15-9-1984).
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,—
(a) for the words “or registering of any document”, the words “registering, or filing a true copy of, any document” shall be substituted;
(b) for the words “or registers such document”, the words “registers or files a true copy of, such document” shall be substituted. [Vide Goa Act 24 of 1985, sec. 12 (w.e.f. 5-12-1985)]. Karnataka: In section 81,—
(i) in the marginal heading for the words “or registering”, substitute the words “registering or filing”,
(ii) for the words “or registering of any document”, substitute the words “registering or filing a true copy of any document”.
(iii) for the words “or registers such document”, substitute the words “registers or files a copy of such document.” [Vide Karnataka Act 55 of 1976, sec. 15 (w.e.f. 24-10-1976)]. Kerala: In section 81,—
(a) for the words “or registering of any document”, substitute the words “registering, or filing a true copy of, such document”;
(b) for the words “or registers such document”, substitute the words “registers, or files a true copy of, such document”. [Vide Kerala Act 7 of 1968, sec. 15 (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: In section 81,—
(i) in the marginal heading for the words “or registering”, substitute the words “or registering or filing”;
(ii) in the body of the section, for the words “or registering of any document”, substitute the words “registering or filing a true copy, of any document”; and
(iii) for the words “or registers such document”, substitute the words “registers, or files a copy of, such document”. [Vide Pondicherry Act 17 of 1970, sec. 5 (w.e.f. 18-7-1970)]. Tamil Nadu: Same as in Pondicherry above. [Vide Tamil Nadu Act 21 of 1966, sec. 3 (w.e.f. 1-4-1967)]. Tripura: Substitute section 81 as under: “81. 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 checking, endorsing, reading, examining, copying, translating, comparing, pasting a true copy, pasting a copy of the translation or registering of any document presented or deposited under its provisions checks, endorses, reads, examines, copies, translates, compares, pastes a true copy, pastes a copy of the translation 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, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.” [Vide Tripura Act 7 of 1982, sec. 14 (w.e.f. 1-1-1983)]. West Bengal: In section 81,—
(i) in the marginal note, for the words “or registering”, substitute the words “registering or filing”,
(ii) for the words “or registering of any document”, substitute the words “registering or filing a true copy, of any document”, and
(iii) for the words “or registers such documents”, substitute the words “registers or files a copy of such document”. [Vide West Bengal Act 17 of 1978, sec. 4 (w.e.f. 1-1-1983)].
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:
(Mahakoshal) —In its application to Mahakoshal region of the State of Madhya Pradesh, after section 82, the following section shall be inserted, namely:— “82A. Penalty for writing documents without licence.—(1) On and from such date as the State Government may, by notification, appoint in this behalf, no person shall write a document for another person for presentation to a registering officer except under a licence granted in accordance with the rules made under this Act: Provided that nothing in this sub-section shall apply where the writer of such document is an authorised agent of the executant or a pleader engaged by the executant for drawing up the document or the registered clerk of such pleader.
(2) Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred rupees.” [Vide Madhya Pradesh Act 8 of 1955, sec. 2 (w.e.f. 18-4-1955)]. Maharashtra:
(Vidarbha) —Section 82A inserted by the Madhya Pradesh Act 8 of 1955 is repealed in its application to the Vidarbha region of the State of Maharashtra by Bombay Act 35 of 1958, sec. 3 (w.e.f. 24-4-1958). Tamil Nadu: After section 82, insert as under: “82A. Penalty.—Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees or with both.” [Vide Tamil Nadu Act 38 of 1987, sec. 3 (w.e.f. 1-1-1988)]. West Bengal: After section 82, insert the following new section, namely:— “82A. Penalty.—Whoever acts as a tout whilst his name is included in a list of touts framed and published under this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.” [Vide Bengal Act 5 of 1942, sec. 10 (w.e.f. 1-11-1943)].
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.
(6) Every Tribunal issuing a certificate under sub-section (6) of section 38 or sub-section (2) of section 38E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, declaring the protected tenant to be the purchaser or owner, as the case may be, of the land, and every Tahsildar issuing certificate sanctioning the exchange under sub-section (2) of section 39 or under section 50B of the Act aforesaid declaring the validity of any alienation or other transfer of agricultural land 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 agricultural land comprised in such certificate is situate; and such registering officer shall file the copy in his Book No. 1.” [Vide Andhra Pradesh Act 38 of 1974, sec. 2 (w.e.f. 1-11-1974)]. Gujarat: Same as those of Maharashtra. [Vide Act 11 of 1960, sec. 87, Gujarat A.L.O. 1960]. Kerala: In section 89,—
(a) omit sub-sections (1) and (3);
(b) after sub-section (4) add the following sub-sections:— “(5) Every court passing—
(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of or of any person, or
(b) an order for attachment of immovable property or for the release of any immovable property from attachment, shall send a copy of such decree or other together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy of memorandum in his Book No. 1.
(6) Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act for the time being in force shall—
(a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21; and
(b) where such written demand is withdrawn or attachment of property is lifted or the property is sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand relates is situate and such registering officer shall file copy of the written demand and the memorandum in his Book No. 1.” [Vide Kerala Act 7 of 1968, sec. 17 (w.e.f. 22-2-1968)]. Madhya Pradesh:
(Mahakoshal) —In its application to the Mahakoshal region of the State of Madhya Pradesh, in section 89,—
(i) after sub-section (4), insert the following sub-section, namely:— “(5) Every sale officer granting a certificate of sale under section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (1 of 1937), or under clause (c) of section 85 of M.P. Co-operative Societies Act, 1960, or the rules made thereunder shall send a copy of such certificate to the registering office 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.” [Vide Madhya Pradesh Act 42 of 1965, sec. 2 (w.e.f. 9-12-1965)].
(ii) after sub-section (5) insert the following, namely:— “(6) Every consolidation officer passing an order under sub-section (1) of section 22 of the Central Provinces Consolidation of Holdings Act, 1928, shall send a copy of such order to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property referred to in such order is situate and such registering officer shall file the copy in his Book No. 1.” [Vide C.P. and Berar Act 59 of 1949, sec. 2 (w.e.f. 23-12-1949)]. Maharashtra: In section 89,—
(i) in sub-sections (1) and (3), for the words and figure “Book No. 1”, substitute the word “office”. [Vide Bombay Act 5 of 1929, sec. 12 (w.e.f. 22-5-1929) read with Act 35 of 1958, sec. 2 (w.e.f. 24-4-1958)].
(ii) after sub-section (4), insert the following sub-sections, namely:— “(5) Every consolidation officer passing an order,—
(i) under sub-section (1) of section 29 or sub-section (2) of section 29A of the Bombay Prevention Fragmentation and Consolidation of Holdings Act, 1947, or
(ii) under sub-section (1) of section 203 of the Madhya Pradesh Land Revenue Code, 1954, or
(iii) under sub-section (1) of section 31 of the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956, shall send a copy of such order to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property referred to in such order is situate, and such registering officer shall file the copy in his Book No. 1.
(6) Every sale officer granting a certificate of sale under section 20 of the Central Provinces and Berar Co-operative Land Mortgage Banks Act, 1937, shall send a copy of such certificate to the registering officer within the local limit 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.” [Vide Bombay Act 35 of 1958, sec. 7 (w.e.f. 24-4-1958)].
(Vidarbha) —As the above amendments have now been extended to and shall remain in force in the Vidarbha region of the State of Maharashtra, sub-sections (5) and (6), inserted in section 89 by C.P. and Berar Acts 1 of 1937 and 59 of 1949 and in force immediately before 24-4-1958, have been repealed from that date by Bombay Act 35 of 1958, section 7(1).
(iii) (a) after sub-section (6), add the following new sub-section, namely:— “(7) The registering officer to whom a memorandum under sub-section (7) of section 18, sub-sections (1A) and (4) of section 22, section 22C and section 28A of the Bombay Public Trusts Act, 1950, or a copy of entry under section 23 of that Act is sent shall file the same in his Book No. 1.”;
(b) in the marginal note, after the word “instruments” insert the words “and of certain memoranda”. [Vide Maharashtra Act 20 of 1971, sec. 58 (w.e.f. 15-6-1972)]. Orissa: After sub-section (4) of section 89, insert the following sub-section, namely:— “(5) A copy of every certificate of sale granted under section 20 of the Orissa Co-operative Land Mortgage Banks Act, 1938, shall be sent 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 registering officer shall file the copy in his Book No. 1.” [Vide Orissa Act 3 of 1938, sec. 40 (w.e.f. 18-3-1940)]. Rajasthan: After section 89(4), insert as under: “(5) Every bank granting a loan to an agriculturist for agricultural purposes shall send within such time and in such manner as may be prescribed, a copy of any instrument whereby immovable property is mortgaged for the purpose of securing repayment of loan, 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 in his Book No. 1.
(Explanations) —For the purposes of sub-section (5),—
(a) the expression “every bank” shall mean—
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary Bank) Act, 1959;
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v) a banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949;
(vi) the Agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963;
(vii) Agro-Industries Corporation;
(viii) Agricultural Finance Corporation Ltd., a company incorporated under the Companies Act, 1956; and
(ix) any other financial institution notified by the State Government in the Official Gazette as a bank for the purpose of this Act.
(b) the word “agriculturist” shall have the meaning assigned to it in sub-section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act 3 of 1955). [Vide Rajasthan Act 16 of 1976, sec. 5 (w.e.f. 13-2-1976)]. Tamil Nadu: After sub-section (4), insert the following sub-section, namely:— “(5) Every officer granting a certificate of sale of immovable property under the Madras Co-operative Land Mortgage Banks Act, 1934, or the rules made under the Madras Co-operative Societies Act, 1932, 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 registering officer shall file the copy in his Book No. 1.” [Vide Tamil Nadu Act 3 of 1936, sec. 2 (w.e.f. 21-1-1936)]. After sub-section (5), insert as under: “(6) Every officer in charge of collection of the loans mentioned in sub-section (1), or sub-section (3) shall send to the registering officer to whom a copy of the order under sub-section (1), or a copy of instrument or order under sub-section (3) has been sent, an intimation of the discharge of such loans. Such intimation shall be in such form as may be prescribed and the registering officer shall file the intimation in his Book No. 1.” [Vide Tamil Nadu Act 31 of 1974, sec. 2 (w.e.f. 1-10-1974)]. After sub-section (6), insert as under: “(7) Every officer granting any deed or other document purporting to be or to evidence, the grant or assignment by the Government of land or of any interest in land, shall send a copy of such deed or other document to the registering officer within the local limits of whose jurisdiction the whole or any part of the land comprised in such deed or document is situate, and such registering officer shall file the copy in his Book No. 1.” [Vide Tamil Nadu Act 31 of 1982, sec. 3 (w.e.f. 5-9-1983)]. In section 89,—
(i) In the marginal heading, after the expression “and filed”, the expression “or scanned” shall be inserted;
(ii) After the expression “in his Book No. 1” wherever it occurs, the expression “or get it scanned” shall be inserted. [Vide Tamil Nadu Act 50 of 2000, sec. 7 (w.e.f. 25-7-2000)]. Section 89A Goa: After section 89, insert as under: “89A. Power to make rules for filing of true copies of documents.—(1) The State Government may 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,—
(a) the manner in which true copies of documents shall be prepared; and
(b) the manner of filing and pasting of such copies.
(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—
(a) the manner in which true copies of documents shall be prepared; and
(b) the manner of filing of such copies.
(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.
(5) Nothing in this Part shall apply to any document which is prepared on a printed or lithographed form or which in the opinion of the registering officer, is not in a fit condition to be photocopied.
(6) Notwithstanding anything contained in this Part in the case of document containing a map, plan or trade mark label, if the party presenting the document so desires, the registering officer may accept three copies of such map, plan or trade mark lable and where such true copies are accepted the map plan or trade mark lable shall not be photocopied and such copies thereof shall be filed in the appropriate file book. [Vide Karnataka Act 41 of 1984, sec. 5 (w.e.f. 7-11-1986)]. Kerala: After section 89, insert the following section:— “89A. Power to make rules for filing of true copies of documents.—(1) The State Government may 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—
(a) the manner in which true copies of documents shall be prepared; and
(b) the manner of filing such copies.
(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—
(a) the furnishing of true copies of documents by the person presenting the document for registration;
(b) Same as (a) in Kerala;
(c) Same as (b) in Kerala. *2A. Every Court passing an order for effecting or raising an attachment of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such order together with the memorandum giving the details of the property to the registering officer within the local limits of whose jurisdiction the whole or any part of the said immovable property is situate, and such registering officer shall file the copy of such order in his Book No. 1.
(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,—
(a) the furnishing of true copies of documents by the person presenting the documents for registration;
(b) the manner in which true copies of documents shall be prepared; and
(c) the manner of filing such copies.” [Vide Orissa Act 14 of 1989, sec. 15 (w.e.f. 19-9-1989). Tamil Nadu: After section 89A, insert as under: “89B. Power to make rules regulating the writing of documents.—The State Government may make rules providing for the grant of licences to document writers, the terms and conditions subject to which and the authority by whom such licences shall be granted, the circumstances under which such licences may be revoked, and generally for all purposes connected with the writing of documents to be presented for registration.” [Vide Tamil Nadu Act 26 of 1981, sec. 2].
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—
(a) the furnishing of true copies of documents by the person presenting the document for registration;
(b) the manner in which true copies of documents shall be prepared;
(c) the manner in which the true copies of documents shall be compared with the original documents after the same are admitted to registration; and
(d) the manner of passing such copies.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Tripura, while it is in session for a total period of not less than fourteen 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 successive sessions as aforesaid the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees 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 Tripura Act 7 of 1982, sec. 16 (w.e.f. 1-1-1983)].
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.