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SNEHA B.A.LL.B (5TH SEM) ROLL NO.
983061 TRANSFER OF PROPERTY ASSIGNMENT

TOPIC: - DOCUMENTS OF WHICH REGISTRATION IS OPTIONAL
There are several documents which are not compulsorily registerable under Section 17 of the Registration Act.. Some of them require high stamp duty under the Karnataka Stamp Act and some of them do not. Even the ones which require high stamp duty, if they are under stamped, can be rectified later by paying a penal amount 10 times the original amount. Non payment of stamp duty does not make the document void or otherwise invalid. The consequences of under stamping as per the stamp act are 1. to make the document inadmissible for evidence before any authority capable of receiving evidence of before any public authority. 2. The document can also be impounded for enforcing the payment of full stamp value. An under stamped instrument can be admitted as evidence in court if penal stamp duty 10 times the value of the original amount is paid. According to Registration Act , 1908 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;
16[(cc) instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates 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; (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.
BENEFITS OF REGISTRATION OF DOCUMENTS

Registration of some documents like sale deeds of immovable property is compulsory. The registration of other documents which are not required by law to be registered is optional. Documents which are by law required to be registered carry a certificate of registration which is endorsed by the registering officer and is signed, sealed and dated by him. Such certificate endorsed on the document is admissible for the purpose of proving that the facts mentioned in the endorsement have occurred as therein n mentioned. Hence, an endorsement by the sub-registrar on a registered document that its execution was admitted by the executant, is admissible for the purpose of proving that the executant admitted the execution of said document before sub-registrar.
Similarly, endorsement regarding payment of consideration by the vendee to the vendor in presence of subregistrar is admissible for proving the payment of consideration. Registration of a document is also a notice to the general public regarding the transaction in question.
REQUIREMENTS OF A VALID WILL AND WHAT ARE THE BENEFITS OF GETTING A WILL REGISTERED Every Will has to be attested by at least 2 witnesses. Registration of Will is optional. However, registered Will is usually considered more reliable as there are lesser chances of fabrication. A will is not compulsorily registrable and non registration does not affect its validity. However it would be useful to register a will for the following reasons:-
i)
ii) iii) iv)
A registered will cannot be tampered with, destroyed, mutilated or stole Is kept in the safe custody of the Registrar. Is confidential and not accessible. Is easier to establish in courts of law.
In conclusion always register a document which is compulsorily registerable or for which stamp duty is not high. Documents for which stamp duty is high and which do not require registration do not become invalid for want of proper stamp duty alone. But the rights of both parties should be protected in case of default, so consult a lawyer. Always give possession separately and never in the documents itself.

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SNEHA B.A.LL.B (5TH SEM) ROLL NO.

983061 TRANSFER OF PROPERTY ASSIGNMENT

BENEFITS OF REGISTRATION OF DOCUMENTS

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