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Registration Act, 1908 Section 18 - Bare Act

StateCentral Government
Year
Section TitleDocuments of Which Registration is Optional
Act Info:

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 then 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;

1 [(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.

STATE AMENDMENTS

2 Andhra Pradesh:

In section 18, clause (c) should be omitted.

3 Gujarat:

Amendments are the same as those of Maharashtra.

4 [5 [Maharashtra:

In section 18,--

(i) delete the word "and" after clause (e);

(ii) after clause (e) insert the following clause, namely:--

"(ee) notices of pending suits or proceedings referred to in section 52 of the Transfer of Property Act, 1882;".

Note.--section 2 of Bombay Act 14 of 1939, as amended by Bombay Act 17 of 1945, is as follows:--

"2. Application of Act.--This Act shall apply to notices in respect of suits or proceedings which relate to immovable properties situate wholly or partly in the Greater Bombay with effect from such date as may be directed by the State Government in this behalf by notification in the Official Gazette:

Provided that the State Government may by similar notification direct that the provisions of this Act shall apply to such notices relating to immovable properties situate wholly or partly in such other area as may be specified in the said notification."

(iii) the word "and" in clause (ee) shall be added at the end and clause (eei) inserted by Act (Bombay Act 6 of 1960), section 43, shall be deleted.

6 [7 [Uttar Pradesh:

In section 18, clauses (a), (b) and (cc) be omitted.

In section 18(c), omit the words and figures "and leases exempted under section 17".

Section 18A

8 Delhi:

Same as in Punjab.

9 Himachal Pradesh:

Same as in Punjab.

10 Punjab, Haryana, Chandigarh:

After section 18, insert the following new section:--

"18A. Document for registration to be accompanied by a true copy thereof.-- Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof."

11 Tripura:

After section 18, insert as under:--

"18A. Document for registration to be accompanied by a true copy.-- (1) Notwithstanding anything contained in the Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof.

(2) The true copy referred to in sub-section (1) shall be neatly handwritten or printed or type-written or lithographed or otherwise prepared in such manner as may be prescribed."

Uttar Pradesh:

Section 18A as inserted by U.P. Act 14 of 1971, omitted by U.P. Act 19 of 1981, section 7 (w.r.e.f. 1-8-1981). Prior to omission section 18A ran as under:

"18A. Documents for registration to be accompanied by a true copy thereof.-- (1) The registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof, and in the case of a document referred to in section 19, also by a true copy of the translation referred to therein.

(2) A copy referred to in sub-section (1) shall not be a carbon copy, and shall be neatly handwritten, printed or typewritten, or be a cyclostyled copy of type-written matter, on only one side of the paper, and shall be prepared in accordance with such rules, if any, as may be made in that behalf, and shall contain a declaration in the prescribed manner that the same is a true copy of the document or of the translation, as the case may be."

________________________

1. Inserted by Act 33 of 1940, section 2.

2. Vide Andhra Pradesh Act 4 of 1999, section 3 (w.e.f. 1-4-1999).

3. Vide Gujarat Act 11 of 1960, section 87, Gujarat A.L.O., I960.

4. Vide Bombay Act 14 of 1939, section 4 (w.e.f. 15-6-1939) read with Act 35 of 1958, section 2 (w.e.f. 28-4-1958).

5. Vide Maharashtra Act 20 of 1971, section 58 (w.e.f. 15-6-1972).

6. Vide Uttar Pradesh Act 57 of 1976, section 33 (w.e.f. 1-1-1977).

7. Vide Uttar Pradesh Act 19 of 1981, section 6 (w.r.e.f. 1-8-1981).

8. Vide G.S.R. 465 dated 20th March, 1965, Gazette of India, 1965, Pt. II, section 3(i), page 499.

9. Vide Himachal Pradesh Act 2 of 1969, section 3 (w.e.f. 11-4-1969).

10. Vide Punjab Act 19 of 1961, section 2 (w.e.f. 4-5-1961); Act 33 of 1966 section 89.

11. Vide Tripura Act 7 of 1982, section 2 (w.e.f. 1-1-1983).




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