INTRODUCTION
Registration is the process of recording the document with he recognised office and to safe guard its original copies registration Act, 1908 deals with the procedure of registration of documents. Registration Act is always read in association of other act like, contact Act 1872 and Transfert of property Act, 1882 as it deals with different kinds of registration method.
PURPOSE
The broad purpose of this Act is to consolidate the law relating to registration and it provides for the method of its registration it is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or effecting a particular property and to peepetuate documents which may after wards speak of legal importance and also to prevent fraud
IMPORTANCE
Registration of document amounts of constructive notice under section 3 of transfer of property Act, 1882
- Registration Provides greater protection for the public.
- It helps in preventive forgeries and fraud in transactions, especially the evasion of income tax, wealts tax or stamp duty
- It provides autnenticity and validity to the document
- Registered document can be used as evidence in the court
ACT- WHETHER EXHAUSTIVE OR NOT ? The preamble of the Registration Act, 1908 provides the Act as an Act to consolidate enactment relating to registration of documents which leads to its nature as exhaustive
SECTION 1 - SHORT TITLE, EXTENT OF COMMENCEMENT
SECTION -2 DEFINITIONS
in this Act, unless there is anything repugnant in the subject or context
(1) 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), 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.
(3) 'District' and 'subdistrict' respectively mean a district and sub- district formed ends this Act.
(4) 'District court' includes the high court in its ordinary original civil jurisdiction.
(5) ' Endossement' and 'endossed' include and apply to an entry in writing by a registering office on a sides or covering slip to any document tendered for registration under this Act.
(6)Immovable property includes :-
- Land
- Buildings
- Heredutary allowances
- Right to ways
- light
- Ferries
- Fisheries
- Any other benefit 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 or grass.
6A-
'India'means the territory of India including the state of Jammu & Kashmir
'Lease' includes a conterpart, kabuliyat and undertaking to cultivate or occupy and agreement to lease.
'Minor' means a person who, according to the personal law to which heis subject, has not attained majority.
'Movable property' includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description except immovable property.
'Repersentative' includes the guardian of a minor and the committee or other legal corator of lunatic or idiot.
HISTORICAL BACKGROUND OF REGISTRATION ACT
Before the registration Act, 1908, the system of registration was also prevallent in British India it was introduced in such a manner -
- Bengal regualtion xxxvi of 1793 is Bengal.
- Bombay regulation iv of 1802 in Bombay.
- Madras regulation xvii of 1802 in Madras.
After this, the Act I of 1843 came into force and then, Act xvi of 1864 was the rule.
To overcome the coopholes of the above mentioned Act, Act xx of 1866 came into power that provided the instruments related to few classes must be registered.
This Act was replaced by 1871 Act and even the 1871 Act was replaced by 1877 and finally 1908 Act came into power.
PART II - OF THE REGISTRATION - ESTABLISTMENT
Section 3 -
Section 4 - Repealed by government of India (Adaptation of India Laws, orders, 1937).
Section 5 - DISTRICTS AND SUB-DISTRICTS
Section 6 - REGISTRARS AND SUB-REGISTRARS
Section 8 - INSPECTORS OF REGISTRATION OFFICE
Section 10 - ABSENCE OF REGISTRATION OF REGISTRAR OR VACANY INHIS OFFICER
Section 11 - ABSENCE OF REGISTRAR ON DUTY IN HIS DIRECT
Section 12 - ABSENCE OF SUB-REGISTRAR OR VACANCY IN HIS OFFICE
Section 13 - REPORT TO STATE GOVERNMENT OF APPINTMENTS V/S. 10,11. & 12.
Section 14 - ESTALISHMENT OF REGISTERING OFFICE
Section 15 - SEAL OF REGISTERING OFFICERS
Section 16 - REGISTER BOOKS AND FIRE-PROOF BOXES
REGISTRATION
Section 17 - DOCUMENTS WHICH REGISTRATION IS COMPULSORY
Section 17 of the registration Act, 1908 provides for the mandatory registration of certain document.
Documents and instrument are interchangeable words used under Indian evidence Act, 1872 and Indian penal code, 1860 as document and under stamp Act, as Instrument.
- As per the parlance of sub-section (1) of section 17, the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have veen executed on or after the date on which, Act no. xvi of 1864, or the indian Registration Act, 1877, or this Act came or comes into force, namely:-
(a) instruments of gift of immovable property - This is compulsory registrable irrespective of its value.
The section is read with section 122, 123 and 129 of transfer of property Act, 1882. ie. the concepts dealing with transfer of property by making gift.
Section 17 (1) (b) - Other Non-testamentary instruments
These are the instruments other than will these instrument are operative during the lifetime of operator of non-testamentary instrument.
these are the instruments which purport or operate to:-
These are the instruments whose value is equivalent to or more than one hundred rupees.
- The creation, deaclaration , assingment, limitaion or extinguishment of right, title or interest may be in present or in future and may be rested or contingent.
Section 17 (1) (c) This deals with Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assingment, limitation or extinction of any such right, title or interest must be mandatorily registrable.