Registrations
The Registration Act, 1908
The Registration Act, 1908 was set up with the purpose of ensuring registration of documents and that all the important information related to deal regarding land or other immovable property. Having a document registered can add more authenticity to that of the document.
Objectives of the Registration Act, 1908
- Registration of a document ensures proper preservation and record of such document.
- Documents which are required to be registered act as valid evidence in a court of law.
- Registered documents assist in the prevention of fraud.
- Registration Act gives people information regarding legal rights and obligations arising or affecting a particular property.
Documents which are compulsorily registrable
There are certain documents that are compulsorily registrable. Section 17 of The Registration Act, 1908 lays down all the documents which are compulsorily required to be registered and those documents are:
- Instruments of the gift of immovable property.
- Leases of immovable property from year to year or any time frame exceeding one year.
- Non-testamentary instruments which acknowledge the payment of any consideration.
- Testamentary instruments are transferring or assigning any decree or order of the court.
Documents in which registration is optional
All the documents that are not included in Section 17 of The Registration Act, 1908 have the option of the optional registration some examples would will or instruments related to movable properties.
Effect of registration
Section 47 and 48 of the Registration Act, 1908 notifies the effects of registration of a document. So the effect of registration are:
- Section 47 of the Act states that a registered document shall operate from the time it would have normally operated if there was no provision or procedure of registration.
- Section 48 states that all non-testamentary documents which are duly registered under this Act and relating to any movable or immovable property will take effect against any oral document relating to such a document unless where the agreement has been accompanied by the delivery of possession.
Effect of non-registration
Section 49 of the Registration Act, 1908 states the effects of non-registration of documents which are required to be registered. The effects are:
- Non-registration of a deed of adoption shall not grant any power to adopt.
- A document required to be registered which is not registered cannot be taken as evidence for the creation of any right, duty or liability of immovable property. That document simply becomes useless.
- Where a document is not registered then in such condition it cannot be allowed to affect an immovable property which the document comprises and it cannot be received as evidence of any form of transaction that is affecting such property.
Time limit for presentation of a document for registration
- A document other than a will must be presented for registration within four months of its execution.
- Section 24 of the Act states that when one document is executed by more than one person and the execution took place at different dates then, in that case, such document must be presented for registration within 4 months from the date of each execution.
- When a document is executed outside the territory of India, then, in that case, the document must be registered in India.
- These limits are mandatory but in case there is a delay on behalf of the court regarding registration or re-registration of a document then in that case these limits that are disregarded.
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