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TypeBare Act JurisdictionCentral Government

Registration Act, 1908 Part V

Of the Place of Registration

~6 min read
https://sooperkanoon.com/act/3134

Bare act section · Research

About this section

Registration Act, 1908 Part V is part of Registration Act, 1908 - Of the Place of Registration. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) 1 [, (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) 2 [(c) and (cc),] shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

STATE AMENDMENTS

3 Andhra Pradesh:

In section 28, for the expression "clauses (a), (b), (c), (d) and (e) of section 17, sub-section 2", the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17, sub-section (2)", and for expression "clauses (a), (b), (c) and (cc)" the expression "clauses (a), (b) and (cc)" shall be substituted.

4 Bihar:

Substitute section 28 as under:

"28. Place for registering documents relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar."

5 Gujarat:

Amendment is the same as that of Maharashtra.

6 [7 [Maharashtra:

(i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)".

(ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted.

8 Pondicherry:

Section 28 shall be substituted as under:

"28. Place for registering documents relating to land.--Save as in this Part otherwise provided,--

(a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate in the Union Territory of Pondicherry; and

(b) any document registered outside the Union Territory of Pondicherry in contravention of the provisions of clause (a) shall be deemed to be null and void."

9 [10 [Uttar Pradesh:

1. In section 28, omit the words, figures and letters "sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2)". For the words "section 18, clauses (a), (b), (c) and (cc)", substitute "every document mentioned in section 18, clause (c)".

2. (i) The words "or some portion" shall be omitted.

(ii) The following proviso to be inserted, namely:--

"Provided that the document of award, exchange, gift, mortgage, partition, settlement and trust insofar as such document affects immovable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or major portion or half-portion of the property to which such document relates is situate."

________________________

1. Substituted by Act 33 of 1940, section 3, for "and (d)".

2. Substituted by Act 33 of 1940, section 3, for "and (c)".

3. Vide Andhra Pradesh Act 4 of 1999, section 5.

4. Vide Bihar Act 6 of 1991, section 3 (w.e.f. 8-8-1991).

5. Vide Act 11 of 1960, section 87; Gujarat A.L.O., 1960 (w.e.f. 1-7-1961.

6. Vide Bombay Acts 14 of 1939, section 4; 14 of 1947, read with 35 of 1958, section 2 (w.e.f. 28-4-1958) and 6 of 1960, section 43 (w.e.f. 1-1-1961).

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

8. Vide Pondicherry Act 5 of 1999 (w.e.f. 4-5-1999).

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

10. Vide Uttar Pradesh Act 27 of 1994, section 3.

Section 29 - Place for registering other documents

(1) Every document1[not being a document referred to in section 28 or a copy of a decree or order], may be presented for registration either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the2[State Government] at which all the persons executing and claiming under the document desire the same to be registered.

(2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any the Sub-Registrar under the2[State Government] at which all the persons claiming under the decree or order desire the copy to be registered.

________________________

1. Substituted by Act 33 of 1940, section 3 and Schedule II, for "other than a document referred to in section 28, and a copy of decree or order".

2. Substituted by the A.O. 1950, for "Provincial Government".

Section 30 - Registration by Registrars in certain cases

(1) Any Registrar may in his discretion receive and register any document which might be registered by any Sub-Registrar subordinate to him.

1 [***]

STATE AMENDMENTS

2 Andhra Pradesh:

Figure "(1)", and sub-section (2), omitted.

3 Bihar:

Section 30(2) be deleted.

4 Gujarat:

In section 30--

(1) in sub-section (1), the brackets and figure "(1)" shall be deleted;

(2) sub-section (2) shall be deleted.

5 Haryana:

In section 30, omit sub-section (2).

6 Madhya Pradesh:

Sub-section (2) of section 30 shall be omitted.

7 Orissa:

In section 30, omit sub-section (2).

8 Rajasthan:

The brackets and figure "(1)" and sub-section (2) be omitted.

9 Uttar Pradesh:

In section 30, sub-section (2) shall be omitted.

10 [11 [12 West Bengal:

(1) In section 30, sub-section (2) shall be omitted.

(2) After section 30, the following section shall be inserted, namely:--

"30A. Registration by Registrar of Assurances, Calcutta.--Notwithstanding anything contained elsewhere in the Act, the Registrar of Assurance, Calcutta, may receive and register any document referred to in section 28 without regard to the situation in any part of West Bengal of the property to which the document relates."

(3) After section 30A, the following section shall be inserted, namely:--

"30B. Special power of registration in certain cases by Registrar of Assurances, Calcutta.--Notwithstanding anything contained elsewhere in this Act, the Registrar of Assurances, Calcutta, may without regard to the situation in any part of India outside the State of West Bengal of the property to which a document relates, receive and register the document where such document is in the nature of--

(a) a mortgage bond executed by an employee of a Government, a statutory body or a local authority in favour of such Government, statutory body or local authority as security for advances taken by such employee for house-building purposes; or

(b) a reconveyance executed by a Government, a statutory body or a local authority in favour of employee of such Government, statutory body or local authority on repayment of the advances taken by such employee for house-building purposes."

________________________

1. Sub-section (2) omitted by Act 48 of 2001, section 4 (w.e.f. 24-9-2001).

2. Vide Andhra Pradesh Act 13 of 1996, section 2 (w.e.f. 15-6-1966).

3. Vide Bihar Act 6 of 1991, section 4 (w.e.f. 8-8-1991).

4. Vide Gujarat Act 18 of 1990, section 2.

5. Vide Haryana Act 4 of 1997, section 2 (w.e.f. 12-3-1997).

6. Vide Madhya Pradesh Act 1 of 1993, section 2 (w.e.f. 15-7-1993).

7. Vide Orissa Act 19 of 1991, section 2.

8. Vide Rajasthan Act 18 of 1989, section 4 (w.e.f. 18-9-1989).

9. Vide Uttar Pradesh Act 27 of 1994, section 4.

10. Vide West Bengal Act 17 of 1996, section 3.

11. Vide West Bengal Act 22 of 1997, section 3.

12. Vide West Bengal Act 15 of 1998, section 3 (w.e.f. 1-4-1998).

Section 31 - Registration or acceptance for deposit at private residence

In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit:

Provided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.

Frequently asked questions

What does Registration Act, 1908 Part V provide?

Section Part V of the Registration Act, 1908 (Of the Place of Registration) is reproduced on this page as part of the Registration Act, 1908. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Registration Act, 1908 Part V?

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