It extends to the whole of pakistan except such districts or tracts of country as the. The registration act, 1908 xvi of 1908 18th december, 1908 an act to consolidate the enactments relating to the registration of documents preamble. It came into force on the 1st day of january, 1909. Powerofattorney recognisable for purposes of section 32. In this act, unless there is anything repugnant in the subject or context. Jan 12, 2015 this will help in creating a proper machinery by which there would be a proper implementation of the registration act and the purpose for which the act was created would be served. According to section 32 of the registration act, 1908, every document except in cases of sections 31, 88 and 89 of the registration act, 1908 shall be presented for registration or deposited in a proper registration office by. Note that this registration is entirely different from registration of charge done by registrar of companies under companies act. If the charge relates to immovable property, registration with registrar appointed by state government under registration act and registration under companies act. In 1908, a new act namely the registration act, 1908 act no. By an agreement anamika transferred to biapasha a decree of a.
It also explains about the penalties and punishment for not following the procedure and not completing things on time. Apr 21, 2019 quick revision i the registration act, 1908 flaws i full of laws. Documents are registered for the purpose of conservation of evidence, assurance of title, publicity of. However, the registration act, 1908 enacts that where a document is employed to effectuate any of the transactions specified in section 17 1 of the act, such documents must be registered. Document in language not understood by registering office. The jurisdiction of trivandrum development authority comprises the.
Registration act, 1908 gives the mechanism to the concept of a. Some laws like the registration act, 1908, also lay down provisions governing registration of property transactions so as to keep proper records of ownership of property in the public domain. Provisions relating to registration of documents under registration act. Registration act 1908 complete act citation 50764 bare. In section 16, for subsection 1, the following shall be substituted, namely. Xvi of 1908 was enacted for consolidation of enactments relating to the registration of the documents. Documents of which registration is compulsory 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. Amendment in section 17 of the registration act 1908. Registration act 1908 day 1 cs executive old course. The registration act 1908 is an act to consolidate the enactments relating to the registration of documents. Critical analysis of the 1908 act article pdf available in ssrn electronic journal january 2016 with 12,979 reads how we measure reads. Following are the definitions prescribed in this act. Full text containing the act, registration act, 1908, with all the sections, schedules, short title, enactment date, and footnotes. Registration act, 1908, can be used for collateral purpose.
Section70 power of inspectorgeneral to remit fines. Provided that the state government may exclude any districts or tracts of country. Definitions 1 part ii of the registration establishment 3. The preamble of the act states an act to consolidate that enactments relating to the registration of documents. An act to consolidate the enactments relating to the registration of. Power of inspectorgeneral to superintend registration offices and make rules. The act deals with cases where transactions between individuals are reduced to writing and provide for compulsory or optional registration, as the case may be, of such written. Provided that the state government may exclude any districts or tracts of country from its operation. Registration act, 1908 bare acts law library advocatekhoj. The property mortgaged is only a security for the payment of the money lent.
Cs bare acts reserve bank of india act, 1934 notes. The combined effect of section 54 of the transfer of property act 1882 and section 17 of the registration act 1908 is that, a contract of sale in respect of immoveable property of the value of more than one hundred rupees without registration cannot extinguish the equity of redemption. Xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877 or. The mortgagor is entitled to get back his property on payment of the principal and. Under section 29 of the indian registration act, 1908, defines movable property as a property of every description except immovable property b movable property includes standing timber, growing crops and grass, fruit upon and juices in trees and property of every description except immovable property.
The p roperty mortgaged is only a security for the payment of th e money lent. The registration act, 1908 was enacted to enable easy registration of property, which in turn would prevent property frauds from occurring. Feb 06, 2017 to ensure that this process of registration will be carried in a proper way, the need for legislative enactment was felt. The registration act, 1908 stamps and registration. Registration is placing a document in public records for due intimation to world by charging fee. This act has been declared to be in force in british balochistan by s. Registration means recording of the contents of a document with a registering officer and preservation of copies of original document. For details, please see part x, section 47 to 50 of the registration act, 1908 question 3 whether any person can write deeds and present for registration. The registration act, 1908 was enacted to consolidate the law relating to the registration of documents. An act to consolidate the enactments relating to the registration of documents. It extends to the whole of india except the state of jammu and kashmir. Short title and commencement 1 this act may be called the registration act, 1908. The documents registered in book 1 of registration offices are public documents, so any public may inspect such book.
Registration act, 1908 1 the following rules, which have been made by the inspectorgeneral of registration tinder section 69 of the registration act, 1908, and which have been approved by the state government are published for general information. No legal presumption would arise from the registration of a document as regards legality of its executionprovision of s. Whereas it is expedient to consolidate the enactments. The registration act, 1908 is a consolidating act and not an amending act. Xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian. Such private documents are kept in public offices are regarded as public documents. Indian registration act is an act to consolidate the enactments relating to the registration of documents. By harshit dusad, itm university law school, gurgaon editors note. Registered documents have its effect and non registered documents have its disadvantage when it needs to be compulsorily registered. The compulsory registration strikes only at instruments and not transactions. Registration act, 1908 contents part i preliminary sections. If one or more of the signatories is not willing to complete the registration formalities then an application has to be made to the subregistrar of assurances under section 36 of the indian registration act, 1908. Registration means recording of the contents of the document.
Xvi of 19o8 for proceedings in council, see gazette of india, 1908, part vi, pages 148, 154 and 182. Maliks commentary on the registration act 1908, 2 nd edn. What is the effect of registration or non registration of a documents under indian registration act 1908. Provided that the state government may exclude any district or tracts of country from its operation. The registration act 1908 3 8 minor means a person who, according to the personal law to which he is subject, has not attained majority. Amendment act 48 of 2001statement of objects and reasons. Registration act 1908 summary of key points net lawman india. Registration does mean entry in official record in the office authorized by government.
Law of registration registration act1908 by subhan. The registration act, 1908 josh and mak international. Doc brief idea on registration act, 1908 mahamudul. Effect of non registration and registration of documents. The scheme of the act is to consolidate the law relating to registration and to provide for the establishment of its registration. The jurisdiction of trivandrum development authority comprises the area covered by. It lays down what documents require compulsory registration. The registration act 1908 act xvi of 1908 as amended upto date. The physical act of delivering a document for registration is called presentation. These rules shall come into force throughout the state of. Registration act, 1908 the registration act, 1908 act no.
Accordingly way back in 1908 registration act was enacted. Section 47 of the registration act, 1908 provides that a registered document shall operate from the time which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. The registration act, 1908 is having object of proper recording and registration of documentsinstruments, which give them more authenticity. The registration act, 1908 contents registration department. Registration means recording of the contents of a document with a registering officer, and.
Whereas it is expedient to consolidate the enactments relating to the. Section 17 of the indian registration act 1908, deals with the documents that are compulsory to be registered. Section 17 of the indian registration act, 1908 provides for mandatory registration of certain documents. It extends to the whole of pakistan except such districts or tracts of country as the provincial government may exclude from its operation. The registration act, 1908 selections particulars page part i preliminary 1. Short title, extent and commencement 1 this act may be called the 1 registration act, 1908. The object of registration is conservation of evidence and title. Introduction the registration act, 1908 serves the purpose of proper recording and registration of documentsinstruments, which give them more authenticity. Registration of documents under the registration act, 1908. The act extends to the whole of india except the state of jammu and kashmir.
The registration act, 1908 act 16 of 1908 1 as applicable in uttarakhand 1 8th december 1908 an act to consolidate the enactments relating to the registration of documents whereas it is expedient to consolidate the enactments relating to the registration of documents. The mortgagor is entitled to get back his property. Whatsapp details on 8888022200 for being part of campaign do click on subscribe so you get further updation pendrive available on the website. Doc brief idea on registration act, 1908 mahamudul hasan. Aug 09, 2018 the registration act 1908 is an act to consolidate the enactments relating to the registration of documents. It shall come into force on the first day of january, 1909.
Unfortunately, due to a large number of loopholes in the law, sham transactions are easy to get away with. Save judgments add notes store search result sets organizer client files start your. Preserving your articles for eternity is a free service that lets you to preserve your original articles for eternity. The registration act, 1908 part i preliminary of the. Provisions relating to registration of documents under. If the person knows all of these then he will be able for apply for registration of a document without any difficulty. Enquiry before registration by registering officer. All documents are registered under the registration act, 1908. Whereas it is expedient to consolidate the enactments relating to the registration of documents. Quick revision i the registration act, 1908 youtube. The registration act, 1908 the fact that the general clauses act, 1897, will apply to the bill when passed has rendered it unnecessary to retain some provisions of the present acts.
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