The Registration Act, 1908

Summary of the Registration Act, 1908

Key Provisions

1. Registration Offices (Sections 6–16):

• Establishes offices of the Inspector General of Registration, Registrars, and Sub-Registrars.

• Defines their powers, duties, and territorial jurisdiction.

2. Documents that Must Be Registered (Section 17):

Registration is compulsory for:

• Instruments of gift of immovable property.

• Non-testamentary documents creating, declaring, assigning, limiting, or extinguishing rights in immovable property valued at ₹100 or more.

• Leases of immovable property from year to year, for terms exceeding one year, or reserving yearly rent.

3. Documents Whose Registration Is Optional (Section 18):

Examples include:

• Wills.

• Documents relating to movable property.

• Certain leases not covered under compulsory registration.

4. Time for Registration (Sections 23–27):

• Documents must generally be presented for registration within four months from the date of execution.

• Limited provisions allow delayed registration on payment of a prescribed fine.

5. Procedure for Registration (Sections 32–35):

• Documents must be presented by the executants, their representatives, or authorized agents.

• The registering officer verifies the identity of parties and confirms execution before registration.

6. Effects of Registration (Sections 47–50):

• A registered document generally takes effect from the date of its execution.

• Registered documents receive priority over certain unregistered documents concerning the same property.

7. Consequences of Non-Registration (Section 49):

• A document that is compulsorily registrable but remains unregistered generally does not affect the immovable property, and cannot confer rights under the transaction, and