Registration Law Project

REGISTRATION LAW PROJECT
TOPIC : DOCUMENTS FOR COMPULSORY

REGISTRATION
SUBMITTED TO : Parveen joshi ma’am,
RAYAT COLLEGE OF LAW, RAILMAJRA .
SUBMITTED BY : CHETAN SHARMA

B.COM LL.B
8TH SEMESTER
17603
ACKNOWLEDGE
I would like to express my special thanks to my teacher Miss PARVEEN JOSHI,
as well as our principal MONICA SHARMA, who gave me this wonderful
opportunity to do this wonderful project. Which also helped me in doing a lot
of research work and I came to know about so many new things. Secondly I
would like to thank my family and friends who helped me in finalizing this
project within the time frame.
CIRTIFICATE
This is to certify that CHETAN SHARMA student of class B.COM LL.B 8 th
semester have successfully completed his project on topic :
DOCUMENTS FOR COMPULSORY REGISTRATION

Introduction
The Registration Act, 1908 deals with the enactments relating to the
registration of documents. Registration is the procedure through which all the
documents are recorded by a recognized officer along with other necessary
information to ensure it’s transparency and authenticity. The registration act,
1908, got enacted to provide a mechanism for registering documents to make aware
of the legal rights and obligations concerning property disputes.
Registration is the process of recording a document by an assigned officer and

keeping it as a public record.
It also aims to prevent fraud and tile deception scams related to properties. The
registration of documents seeks to perpetuate the documents which will prove to be
of legal importance.
The registration of documents aids in the prevention against the encroachment of

property or trespassing of private properties.
The registration act is the backbone for the documents concerning it as evidence
and title.
Section 17(1) of the Act
provides for mandatory registration of certain documents which are as

follows :
A) gift deed of immovable property.
b) non-testamentary documents signifying any operation, declaration,

assignment, limitation and extinguishment of any right, title or interest in
immovable property worth rupees one hundred and above.
c) non-testamentary instruments granting receipt or payment of any
consideration on account of creation, limitation, assignment, declaration
or termination of such right, title or interest.
d) leases of such immovable property for a term exceeding one year or

reservation of yearly rent.
e) non-testamentary documents conveying or assigning any decree or

award of the court involving creation, declaration, assignment,
limitation or extinguishment of any right, title or interest in an
immovable property worth rupees one hundred and above.
f) The documents of contracts regarding transfer of any immovable

property for consideration for the purpose of section 53 A of The
Transfer of Property Act, 1882 that has been executed on or after the
inception of Registration and Other Related Laws Amendment Act,
2001.
When to register documents

According to section 23 of this Act no documents except will shall be allowed for
registration unless it’s presented within four months from the date of it’s execution. If
the document is executed by several persons at different times, then such document
has to be furnished for registration and re-registration within four months from the
date of each execution (s.24).
If any document executed or decree made is not presented for registration within the
prescribed time period due to any unavoidable accident or urgent necessity then the
registrar may direct to present such document for registration within four months with
a payment of fine not exceeding ten times the amount of registration fees.(s. 25). An
application must be made to the sub-registrar who shall forward it to the Registrar to
whom he is the subordinate. If a document, has been executed by any of the parties
outside India for registration after the expiry of the given time period, then such
document must be presented to the Registering Officer for registration within four
months after it’s arrival in India.
Where to register documents

According to section 28 of this Act all the documents in relation to immovable
property must be presented for registration in Sub registrar’s Office within whose
sub-district the whole or part of the property is situated. The officer may on special
circumstances attend at the residence of any person who desires to deposit a will or
present a document for registration (s.31).
Section 17 of the Registration Act
Section 17 of the registration act 1908 aims to list all those documents which need to
be registered. These documents are:-
 Documents or records of gift deed of immovable property for its transfer without
any consideration (It is compulsory to register these deeds)
 The documents that create, assign, or limit a person’s interest in the immovable
property have to value above one hundred rupees. It is compulsory to register
such a document that creates an interest in immovable property in present or in
future having a value above one hundred rupees.
 Documents related to the leasing of immovable property yearly or against
yearly rent as per the registration act 1908.
 The documents acknowledging the receipt or payment of any registration needs

to be registered.
 The documents transferring or assigning any decree or order of a court or an

arbitral award when such order, decree or award create a title or interest of one
hundred rupees and above in an immovable property
Scope of section 17 of Registration Act
All the documents or instruments specified under 17 of the act.
If the terms and conditions of the document render it registered mandatorily, it

cannot be brought outside the purview of section 17 by stating that it does not
require a property stated in section 21.
The documents constituting a contract are compulsory to be registered and should

comply with all the acts’ procedures that would secure registration of the documents.
A decree or order of a court or an arbitral award concerning a property requires
registration. The settlement deed of immovable property between two parties also
needs to be registered for transfer or division of title of a property.
Essentials of section 17 Of Registration Act
Section 17 of the Indian Registration Act deals with disputes relating to a charge
created by a debenture on immovable property existing at the date of the creation of
the charge and was in the company’s ownership at that date.
Therefore, it can be derived that a debenture that seeks to create, declare or limit
any right, title or interest to or in immovable property would get covered by section
17 sub-section (1) of the Indian Registration Act 1908.
Effects of non-registration of documents

Section 49 of this act states that :
1. No document required to be registered under section 17 of this Act shall be

valid for creation, operation, declaration, limitation and assignment of any
right, title or interest in any immovable property unless it’s registered within
the specified time period.
2. The document shall not confer any power to adopt.

3. The document cannot be received as an evidence of any transaction
affecting such property or conferring such power.
Case laws
Narinder Singh Rao v. Avm Mahinder Singh Rao Narender’s father had left
behind a will stating that his wife could inherit the property. The will that was signed
by a single witness wasn’t registered and the widow bequeathed the entire property
to one of her nine children. The aggrieved children challenged their mother’s action
in the court stating that the will was invalid and that they too had a right in their
father’s property. The Supreme Court held that the children had the right to inherit
the property as the will was invalid because it was not attested by two witnesses.
The Supreme Court in the case of H.P. Puttaswamy v Thimmamma & Ors CIVIL
APPEAL NO. 3975 OF 2010 observed whether the presense of purchaser of an
immovable property is required before the concerned authority under the Act when
registration of a deed is carried out in conveyance in accordance with the Act. The
dispute in this case was in relation to a property measuring 4,500 square feet in the
village of Hittanahalli Koppalu in Malavallu Taluk in the State of Karnataka (“Suit
Property“).
In the case of Thualsidhara & Another v. & Others, the Supreme Court observed
that a written document relating to family settlement or family arrangement without
registration can be used as a corroborative evidence for explaining the arrangement
made and the conduct of the parties.
In the case of Suraj Lamps & Industries Pvt. Ltd. v. State of Haryana, AIR 2012
SC 206, the court held that an immovable property can be legally transferred only by
a registered deed of conveyance and transactions which are in the form of General
Power of Attorney Sales or Sale by agreement to sell or Transfer by will do not
confer title and does not amount to transfer of immovable property. Transactions of
such a nature cannot be recognized as deeds conferring title except to the limited
extent of Section 53 A of The Transfer of Property Act, 1882
Conclusion
Registration of a document is always mandatory, which always cost a reasonable

prescribed fee as per the registration act and stamp duty. If the rules and procedure
of section 17 of the registration act are not followed at the time of registration, it may
render the document invalid and ineffective. So, further, that document cannot be
made admissible as a piece of evidence anywhere.
In simple words, a registered document will act as a guard to protect immovable
property from any form of encroachment or acquiring property by title deception. An
original owner of a property should always have registered documents to prevent
loss and enforce his rights in a court of law in a registered time frame.
The registration act illustrates the mandate and optional criteria for registering a
document, and its authenticity cannot get questioned further.
Registration of documents is mandatory to prevent any property dispute. The
necessary documents must be properly registered by following the procedure
mentioned under this Act otherwise it may become invalid. It also provides for a
proper administration in the court system within a definite time frame.

Registration Law Project

Uploaded by

Copyright:

Available Formats

Registration Law Project

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Registration Law Project

Uploaded by

Copyright:

Available Formats

REGISTRATION LAW PROJECT

TOPIC : DOCUMENTS FOR COMPULSORY

SUBMITTED TO : Parveen joshi ma’am,

RAYAT COLLEGE OF LAW, RAILMAJRA .

SUBMITTED BY : CHETAN SHARMA

semester have successfully completed his project on topic :

DOCUMENTS FOR COMPULSORY REGISTRATION

Registration is the process of recording a document by an assigned officer and

The registration of documents aids in the prevention against the encroachment of

Section 17(1) of the Act

provides for mandatory registration of certain documents which are as

A) gift deed of immovable property.

b) non-testamentary documents signifying any operation, declaration,

d) leases of such immovable property for a term exceeding one year or

e) non-testamentary documents conveying or assigning any decree or

f) The documents of contracts regarding transfer of any immovable

When to register documents

Where to register documents

Section 17 of the Registration Act

 The documents acknowledging the receipt or payment of any registration needs

 The documents transferring or assigning any decree or order of a court or an

If the terms and conditions of the document render it registered mandatorily, it

The documents constituting a contract are compulsory to be registered and should

Essentials of section 17 Of Registration Act

Effects of non-registration of documents

1. No document required to be registered under section 17 of this Act shall be

2. The document shall not confer any power to adopt.

Registration of a document is always mandatory, which always cost a reasonable

You might also like