The Registration Act: An Overview

In order to retain a document as a matter of public record, it must be registered with a designated authority. The Act's main goal is to codify existing registration-related laws, and it also specifies how to register things. It specifies the paperwork needed to register. Additionally, it establishes a deadline for the document's presentation and registration, and it guarantees that the necessary conditions are in place for the document's correct presentation.

What is Registration Act?

Rules and regulations pertaining to document registration are outlined in the Registration Act of 1908. The Registration Act of 1908 has detailed regulations defining the establishment that may register documents, namely the Registrar and Sub-Registrars, the deeds that must be registered, such as sales deeds, when and where they must be registered, and many other subtleties.

Registration of Documents

It includes −

• According to section 17, there are some documents that must be registered.

• Registration protects against theft and misappropriation of goods.

• Additionally, registration is used in court as legal proof.

• When a property is registered, it informs anyone who may interact with it of the type and scope of any rights that may exist with respect to it.

Compulsory Registration under the Registration Act, 1908

It includes −

• Contracts for the sale or lease of real estate that are executed on or after the date this act takes effect and that are subject to Section 53A of the Transfer of Property Act, 1882

• Immovable property gift instruments

• Non-testamentary documents that pretend to create, assign, declare, extinguish, or limit any right, title, or interest in real estate valued at $100 or more, as well as documents that acknowledge receipt of payment of any compensation for any of these actions.

Stamp Duty and Registration

Documents signed by officials of the government or specific members of the public can be registered by −

• Any government representative.

• Trustees or Assignees of the General Administrator

• A High Court Registrar, Sheriff, or Receiver

• Any document signed by or in the name of a government official or any of the other individuals mentioned in subsection (1) may be submitted for registration in the manner specified by rules adopted pursuant to section 69.

The Registering Official Conducts Research Before Registration

No document may be registered under this Act unless the person who executed it, or their representatives, assigns, or agents authorized as aforesaid, appears before the registering officer within the time allotted for presentation under Sections 23, 24, 25, and 26. This is subject to the provisions contained in this Part and in Sections 41, 43, 45, 69, 75, 77, 88, and 89. As soon as it happens, the registering officer −

• Check to see if the individual who is listed as having signed the document actually did so.

• Self-satisfaction regarding the individuals who claim to have signed the document and are in front of him.

• In this case, one must satisfy oneself that the person has the authority to appear as a representative, assignee, or agent in the case of any other person.

Document submitted under Registration Act 1908

Any of the individuals listed below may register the document in accordance with section 32 of the Act, executing it or asserting a claim based on it, or, in the case of a copy of a decree or order, asserting a claim based on the decree or order itself. Using Section 33 of the Power of Attorney, which grants agents registration authority, an agent of that person who has been duly given permission may do so.

The Advantages of Document Registration

According to Section 23 of the Act, all documents must be presented for registration within 4 months after the date of execution. In order to prevent misuse following revocation, a document stating that a Power of Attorney has been revoked should also be recorded. Before deciding to purchase a property, it is also helpful to have easy access to information on the owner, who is legally entitled to hold it, as well as any pending legal proceedings or liabilities. In particular, tax, stamp duty, and other financial transactions are protected from fraud and forgery by registration.

Fees as per the Registration Act of 1908

On presentation of documents, the necessary fees for document registration must be paid (Section 80 of the Registration Act, 1908).

Case Law

Air Vice Marshal Mahinder Singh Rao v. Narinder Singh Rao (2013)

The father's will was therefore declared unlawful by the Supreme Court, who determined that the rule of succession would govern the division of the property. Two regulations that have been expressly stated in legislation were recapitulated in this case.

• Registration document

• Attestation of wills

Conclusion

The significance of registration and stamp duty payment is demonstrated and highlighted in this essay. These two procedures greatly increase the authenticity of a document and enable it to run without any problems. The Registration Act of 1908 and the Stamp Act of 1899 contain all necessary revisions that demonstrate the significance of registering and paying stamp duty for a document.

Frequently Asked Questions

Q1. State the documents of which registration is optional under the Registration Act, 1908.

Ans: When a court's decree, order, or award seeks to establish, declare, assign, limit, or extinguish any right, title, or interest in or to immovable property with a vested or contingent worth of less than one hundred rupees, it is subject to transfer or assignment.

Instruments confirming the receipt or payment of any amount in connection with the creation, declaration, assignment, limitation, or extinction of any such right, title, or interest immovable property leases with terms up to one year, as well as leases exempt under section 17, are all acceptable.

Q2. List the documents of which registration is mandate under the Registration Act, 1908.

Ans: 1-Non-testamental documents recognize the payment or receipt of any consideration related to the emergence, declaration, assignment, limitation, or extinction of any such right, title, or interest.

2-Non-testamentary instruments that transfer or assign any court order, judgement, or award where those orders, judgments, or awards seek to create, declare, assign, limit, or otherwise terminate any right, title, or interest in or to immovable property that is worth $100 or more.

3-Other non-testamentary documents that aim to establish, declare, assign, limit, or otherwise terminate any right, title, or interest—vested or contingent—in relation to immovable property that is worth at least one hundred rupees.

Q3. What kind of documents must be registered under the Registration Act of 1908?

Ans: 1- Immovable property leases that are annual, longer than a year, or reserve a rent payment every year

2- Instruments for transferring real estate.