Documents of which registration is compulsory
Section 17 of the Registration Act, 1908 deals with documents of which registration is compulsory. 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. The Act came into force on 01 Jan 1909.
(1) The following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:--
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
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 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.
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 (48 of 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 (1) applies to--
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except 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
(v) 5[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 6[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 7[Government]; or
(viii) any instrument of partition made by a Revenue-Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
(x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or
8[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.
9[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.
STATE AMENDMENTS
Kerala
Amendment of section 17. --In section 17 of the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act),--
(i) in sub-section (1), after clause (e), the following clauses shall be inserted, namely:--
(f) Instruments purporting or operating to effect a contract for the sale of immovable property of the value of one hundred rupees and upwards;
(g) Power of attorney creating any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant.;
(ii) in sub-section (2), the Explanation shall be omitted.
[Vide Kerala Act 31 of 2013, s. 2]
Kerala
Amendment of section 17.---In sub-section (2) of section 17 of the Indian Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act), clause (ix) and (x) shall be omitted.
[Vide kerala Act 7 of 1968, s. 2]
Orissa
Amendment of section 17.-- In section 17 of the principal Act, in sub-section (1), after clause (e), the following clauses shall be inserted before the proviso, namely:--
(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser;
(g) power of-attorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder.
[Vide Orissa Act 8 of 2002, s. 3]
Rajasthan
Amendment of section 17, Central Act XVI of 1908.--In sub-section (2) of section 17 of the Registration Act, 1908 (Central Act XVI of 1908), in its application to the State of Rajasthan, hereinafter referred to as the principal Act-
(a) for the full-stop at the end of clause (xii) a comma and the word ,or shall be substituted; and
(b) after clause (xii) as so amended, the following clause shall be added. namely :-
"(xiii) any instrument referred to in sub-section (5) of section 89."
[Vide Rajasthan Act 16 of 1976, s. 2]
Amendment of section 17, Central Act 16 of 1908.--In section 17 of the Registration Act, 1908 (Central Act 16 of 1908), in its application to the State of Rajasthan, hereinafter referred to as the principal Act,-
(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 where of 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, s. 2]
Gujarat
Amendment of section 17 of XVI of 1908.--In the Registration Act, 1908, in its application to the State of Gujarat (hereinafter referred to as "the principal Act"), in section 17,--
(i) in sub-section (1),--
(a) for clause (f), the following clause shall be substituted, namely:--
"(f) power of attorney intending to administer, manage and/or alienate immovable property in any manner, executed on or after the commencement of the Registration (Gujarat Amendment) Act, 2016(Guj.16 of 2016);":
(b) after clause (j), the following clause shall be added, namely:--
"(k) sale certificate issued by any competent officer or authority under any central Act or State Act for the time being in force.";
(ii) in sub-section (2), clause (xii) shall be deleted.
[Vide Gujarat Act 4 of 2020, s. 2]
Section 17, The Registration Act, 1908 (Act 16 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 9
- Odisha Hindu Religious Endowments Act s. 18 Inspection of Property and Documents
- s. 1 Short title, extent and commencement
- s. 18 Documents of which registration is optional
- s. 22 Description of houses and land by reference to Government maps or surveys
- s. 28 Place for registering documents relating to land
- s. 34 Enquiry before registration by registering officer
- s. 49 Effect of non-registration of documents required to be registered
- s. 50 Certain registered documents relating to land to take effect against unregistered documents
- s. 51 Register-books to be kept in the several offices
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Suraj Lamp & Industries (P) Ltd. v. State of Haryana
Court's Decision & Legal Precedent
Judgment of Main Case order-24.pdf 2011-10-11. CA 13917/2009. A sale of immovable property under TP Act s.54 is a registered conveyance; SA/GPA/Will transactions do not transfer title. Registration Act s.17 makes the conveyance compulsorily registrable and s.49 keeps an unregistered document required to be registered out of evidence as a transfer. Map tp-act 54 and registration-act 17/49.
On this section: s.17 lists documents of which registration is compulsory, including non-testamentary instruments which purport to create, assign or extinguish a right in immovable property of the value of one hundred rupees and upwards. A GPA/SA/Will package used as a sale is still a compulsorily registrable conveyance.
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Sevoke Properties Pvt. LTD vs West Bengal State Eletrictiy Distribution Company Limited
Court's Decision & Legal Precedent
When an unregistered lease agreement for a term exceeding one year is expressly admitted by the tenant in its written statement to have been for a specific term that has expired, the lease determines by efflux of time under Section 111(a) of the Transfer of Property Act without requiring a formal notice under Section 106. The tenant's status upon expiration of the admitted term becomes that of tenant at sufferance, and the filing of an eviction suit itself constitutes sufficient notice to quit. Therefore, no separate notice under Section 106 is mandatory for maintaining an eviction suit in such circumstances.
On this section: Specifies documents required to be registered, including leases for term exceeding one year. Non-compliance renders document inadmissible in evidence.
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Shyam Narayan Prasad vs Krishna Prasad
Court's Decision & Legal Precedent
The court reaffirmed that while an unregistered document affecting immovable property cannot be used as evidence of the transaction, it may be used for collateral purposes; however, in this case, the underlying facts did not warrant interference with the High Court's decree.
On this section: To determine if the partition deed required mandatory registration.
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Satya Pal Anand vs State of M. P.
Court's Decision & Legal Precedent
When a party has resorted to multiple proceedings for the same relief and has an alternative and efficacious statutory remedy available and pending, the High Court in exercise of its discretionary writ jurisdiction under Article 226 of the Constitution is justified in declining to interfere. The remedy of writ is extraordinary and equitable, and the High Court cannot be oblivious to the conduct of the party invoking that remedy. Furthermore, in the absence of express statutory rules in a State (like Andhra Pradesh Rule 26(k)(i)) requiring presence of both parties for registration of an Extinguishment Deed, the registration of such a deed by the Sub-Registrar following the procedure prescribed in the Registration Act 1908 cannot be declared void ab initio merely because one party was not present. The Sub-Registrar's role is exhausted once the document is registered, and the Sub-Registrar has no power to cancel registration. The validity of such registered documents can be challenged before the Civil Court or the appropriate statutory Forum.
On this section: Sections 17(1)(b) and 18 deal with compulsory and optional registration of documents including extinguishment deeds. Section 34 prescribes enquiry procedure before registration. Section 35 deals with admission or denial of execution. Section 87 provides that procedural defects do not invalidate documents done in good faith. The Court held that there is no express provision requiring presence of both parties for registration of extinguishment deeds, and once registered, the Sub-Registrar cannot cancel the registration.
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Joseph Johan Peter Sandy vs Veronica Thomas Rajkumar
Court's Decision & Legal Precedent
Section 26 of the Specific Relief Act 1963 has limited application and is attracted only in cases where it is pleaded and proved through fraud or mutual mistake of parties that the real intention of parties is not expressed in an instrument; rectification relief can be claimed only by parties to the instrument and by none else. The doctrine of undue influence requires satisfaction of a three-stage test: (1) relations between parties must be such that one is in position to dominate the will of the other; (2) the transaction must have been induced by such undue influence; and (3) if the transaction appears unconscionable, the burden of proving it was not induced by undue influence lies upon the person in position to dominate. When a document is propounded by a party in court, the burden lies on that party to prove the document, its authenticity, and that it was executed voluntarily; the other party is not required to prove it is forged. Admissibility of a document is distinct from its probative value; a document may be admissible yet lack probative value based on facts and circumstances, particularly when key witnesses are not examined and suspicious circumstances surround its execution. An unregistered agreement regarding property can be admissible in evidence but its probative value must be examined in light of evidence regarding its execution, the examination of attesting witnesses, identification of the scribe, and explanation of suspicious circumstances.
On this section: Court examined whether an unregistered agreement tantamount to agreement to sell requires registration. Court held that an unregistered document may be admissible, but its probative value must still be examined based on facts and circumstances.
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Government of Nct of Delhi through Secretary, Land & Building Department vs Gautam Chopra
Court's Decision & Legal Precedent
Subsequent purchasers, assignees, successors in interest, power of attorney holders, and other persons interested in land that is the subject of acquisition proceedings have locus standi to file petitions seeking a declaration that the acquisition proceedings have lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Such persons qualify as 'persons interested' and/or 'affected persons' under the 2013 Act and have the right to approach the court to protect their interests in declarations of statutory lapse. The prohibition established by precedents against subsequent purchasers challenging acquisition proceedings does not extend to declarations that proceedings have statutorily lapsed, as these constitute distinct causes of action invoking automatic statutory deeming provisions rather than challenging acquisition validity or regularity.
On this section: Registration requirements for documents transferring land. Referenced in context of Delhi Act, 1972 restrictions.
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State of H. P vs Shivalik Agro Poly Products
Court's Decision & Legal Precedent
The validity of a fee notification issued by the State Government under Section 78 of the Registration Act must be tested by examining whether there is a reasonable relationship (not mathematical exactitude) between the aggregate fee collections and aggregate services rendered across the entire class of contributors. A fee does not cease to be valid merely because: (a) it is collected on a graduated scale based on the value or consideration of instruments; (b) individual recipients receive services disproportionate to fees paid; (c) the collections are credited to the Consolidated Fund of the State rather than a separate fund, as mandated by Article 266 of the Constitution; or (d) the State does not segregate and exclusively allocate fees to registration department expenditure. The test of correlation is to be reckoned at the aggregate level examining totality of services against totality of receipts across the entire registration system, not at the individual level.
On this section: Provides list of instruments for which registration is compulsory, emphasizing importance of registration system for property transactions
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Thankamma George vs Lilly Thomas
Court's Decision & Legal Precedent
When a principal, during the subsistence of a power of attorney, independently executes a deed concerning the property that is the subject matter of the power of attorney, such independent action by the principal amounts to implied revocation of the power of attorney under Section 207 of the Indian Contract Act, 1872. The revocation becomes effective as to third parties when they have knowledge of such independent dealing by the principal, as required by Section 208. A sale deed executed by an agent after such implied revocation is void ab initio and does not bind the principal.
On this section: Cited regarding registration of deeds and constructive notice. The Court considered whether registration of Ex. A-5 constituted constructive notice to the Appellant.
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Kamla Engg. vs Punjab National Bank
Court's Decision & Legal Precedent
The dues of a secured creditor have priority over and shall be paid in priority to all other debts and government dues including Central Excise dues. An auction purchaser who purchases a mortgaged property from a secured creditor in an auction conducted under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 is not liable to pay the dues of the erstwhile owner/borrower/assessee that are claimed by the Central Excise Department or other government agencies, provided such dues do not arise from the utilization of the property itself and no charge has been created and notice given to the purchaser. The secured creditor's right of priority is established through Section 31B of Recovery Act 1993, Section 26E of Securitisation Act 2002, and Section 11E of Central Excise Act 1944, all of which have retroactive application to live and existing debts. A charge on immoveable property can only be enforced against a transferee if: (1) a charge has been validly created, and (2) the transferee had notice of such charge. In the absence of either element, the charge cannot be enforced against the transferee.
On this section: Section 17(2)(xii) exempts certificate of sale granted by public auction from compulsory registration requirement.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… settlor among his family or to those to whom he desires to provide or for the purpose of providing for some person dependent on him or for any religious or charitable purpose and includes an agreement in writing to make such a disposition. However, insofar as immovable properties, the registration is mandatory under Section 17 of the Registration Act. From the above definitions, it can be discerned that a settlement would mean a disposition of one's property to another directly or to vest in any such person after successive devolution of rights on other(s). Further, the circumstances and reasons that led to the execution of such a …
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… It is argued that the Power of attorney is not compulsorily registrable. The submission is noted with care. Suffice it to note that a deed of power of attorney is not one of the instruments specified under Section 17 of the Registration Act compulsorily registrable. However, if a power has been created empowering the attorney to sell the property i.e., if a document that gives a right to the attorney holder to sell the immovable property, then it would be a document creating an interest in immovable property, which would require …
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… properties were above Rs 100 and there was also a clause by which possession was admittedly handed over on the date of the agreement, implying acquisition of possessory rights protected under Section 53-A of the Transfer of Property Act, which requires payment of proper stamp duty and registration as mandated under Section 17 of the Registration Act. Further, as per Section 4(2) of the Maharashtra Stamp Act, the parties are at liberty to determine as to which of the document shall be principal document. 17. As noted above, the agreement for sale consists of a clause whereby the possession was handed over to the purchaser satisfying …
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Another 1 instrument names this provision in its title or its text without being made under it.
Questions about Section 17
What have the courts held on Section 17 of the Registration Act?
Suraj Lamp & Industries (P) Ltd. v. State of Haryana (11 Oct 2011) is the leading judgment on this section among those set out below: s.17 lists documents of which registration is compulsory, including non-testamentary instruments which purport to create, assign or extinguish a right in immovable property of the value of one hundred rupees and upwards. A GPA/SA/Will package used as a sale is still a compulsorily registrable conveyance. Another 8 judgments on this section are set out below, 8 of them from the Supreme Court. They run from 2004 to 2024.
How do I find court cases under Section 17 of the Registration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Registration Act 17, section 17 Registration Act, section 17 of the Registration Act. People searching for it also type registration act 17 1 and registration act 17a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 9 reported judgments on this section are set out on this page, beginning with Suraj Lamp & Industries (P) Ltd. v. State of Haryana (11 Oct 2011).
What should I read with Section 17 of the Registration Act, and has it changed?
Its own text turns on Indian Registration Act 1908 17 (Manner of keeping of register books and records when not in use), section 89 (Copies of certain orders, certificates and instruments to be sent to registering officers and filed), Registration Act 17, Transfer of Property Act 53A (Part performance), so none of them can safely be read on its own. 9 other provisions in this corpus refer back to it. The rules and notifications made under it are where it actually bites, and there is one: most recently C.G. Registration Rules,1939 Amendment, F- 10-512002 CT (R.)5 (103) (2003).
When did Section 17 of the Registration Act come into force?
Section 17 of the Registration Act, cited as Registration Act 17, came into force on 01 Jan 1909, having been enacted on 18 Dec 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed3309 words
- 69. Power of Inspector-General to superintend registration offices and make rules1164 words
- 80. Fees payable on presentation1120 words
- 51. Register-books to be kept in the several offices868 words
- 22. Description of houses and land by reference to Government maps or surveys737 words
- 78. Fees to be fixed by State Government673 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.