THE REGISTRATION ACT (Central Act No XVI OF 1908)
PART III of Registrable Documents
Documents of which registration is compulsory.- (1) The following documents shall be registered, if 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 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 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 ;
(e) non-testamentary instruments transferring or assiging any decree or order of a Court or any award when such decree order or award purports or operates to create, declare,assign, limit or extinguish whether in present or in furture any right, title or interest, whether vested or contigent, of the value of one hundred rupees and upwards, to or in immovable property :
Provided that the State Government may, by order published in the official Gazette exempt from the operation of this sub-section any leases executed in any district or part of a district the terms granted by which do not exceed five years and annual rent reserved by which do not exceed fifty rupees.
1[(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 (1) applies to -
(i) any compostion deed ; or
(ii) any instrument relating to shares in a Joint Stock Company, notwithstanding that assests 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) 2 [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 hudred 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 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 the 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 Loans 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
(x-a) any order made under the Charitable>
(xi) any endoresement on a mortgage deed acknowledgeing 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.
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 a 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 first day of January 1872, and not conferred by a will, shall also be registered.
1&2. Ins. By the Registration and Other Related Laws (Amendment) Act,2001,sec.3.
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 than 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 ;
(c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17 ;
(cc) instruments transferring or assigning any degree or order of a Court or any award when such decree or order or award
purports or operate to create, declare assign, limit or extinguish, whether in present or in future, any right, title or interest, 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;
(e) wills ; and
(f) all other documents not required by section 17 to be registered.
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 document, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.
20. Document containing interlineations, blanks, erasures or alterations.-
(1) 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.
21. Description of property and maps or plans.- (1) No non-testamentary document relating to immovable property shall be accepted for registration unless is 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.
(3) Other houses and lands shall be described by their name, if any, and as being in the territorial division in which they are situate, and by their superficial contents, the roads and other properties, on which they abut, and their existing
occupancies and also, whenever it is practicable, by reference to a Government map or survey.
(4) No non-testmentary 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.
22. Description of houses and lands by reference to Government maps or surveys.- (1) Where it is in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the State Government may, by rule made under this Act, requires 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 (1) failure to comply with the provisions of section21, 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.
1[22-A. Documents registration of which is opened
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.
Note - 1. Inserted by (Karnataka) Act No.55 of 1976 w.e.f. 25 th October 1976.