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Registration Act, 1908 Part III

Title: Of Registrable Documents

State: Central

Year: 1908

.....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......

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Registration Act, 1908 Section 17

Title: Documents of Which Registration is Compulsory

State: Central

Year: 1908

.....after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force, namely:-- (a) instruments of gift of immovable property; (b) other non-testamentary instruments 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 the value of one hundred rupees and upwards, to or in immovable property; (c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and (d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; 1[(e) non-testamentary 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 the value of.....

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Registration Act, 1908 Section 19

Title: Documents in Language Not Understood by Registering Officer

State: Central

Year: 1908

..... 3 Kerala: In section 19, the words "and also by a true copy" shall be omitted. Maharashtra, Gujarat: For modification of section 19, see sub-section (3) of section 70D in Part XIA inserted in the main Act by the Indian Registration (Bombay Amendment) Act, 1930 (17 of 1930) (w.e.f. 4-9-1930); Bombay Act 35 of 1958; Act 11 of 1960, Section 87. Where registration is done by photograveure process, this section would have no application.--See sections 70C and 70D supra inserted by Bombay Act 17 of 1930. 4 Punjab, Hatyana, Chandigarh: For the words "a true translation", substitute "two copies of the true translation". 5 Orissa: The words "and also by a true copy" shall be omitted. 6 Rajasthan: Same as that in Punjab. 7 Tripura: Same as that in Punjab. Section 19A 8 Tamil Nadu: Same as in West Bengal. 9 West Bengal: The words "and also by a true copy" shall be omitted. 10 Goa: After section 19, insert-- "19A. Documents presented for registration to be accompanied by true copies thereof.--(1) No document shall be accepted for registration unless it is accompanied by a true copy thereof. (2) The true copy referred to in sub-section (1) shall be.....

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Registration Act, 1908 Part IV

Title: Of the Time of Presentation

State: Central

Year: 1908

.....Act 15 of 1917, Section 2. 2. Vide Madras Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Andhra Pradesh A.L.O., 1953, 3. Vide Kerala Act 2 of 1959, Section 2 (w.e.f. 1-6-1960). 4. Vide Tamil Nadu Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954. Section 24 - Documents executed by several persons at different times Where there are several persons executing a document at different times, such document may be presented for registration and re-registration within four months from the date of each execution. Section 25 - Provision where delay in presentation is unavoidable (1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in1[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration. (2) Any application for such direction may be lodged with a Sub-Registrar, who.....

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Registration Act, 1908 Section 25

Title: Provision Where Delay in Presentation is Unavoidable

State: Central

Year: 1908

.....for registration. (2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. STATE AMENDMENT 2Rajasthan: In section 25-- (a) in sub-section (1), for the word "Registrar", the words "Registering Officer", for the words "direct that", the words "register the document" and for the expression "such document shall be accepted for registration", the words "on such document" shall be substituted; and (b) sub-section (2) shall be omitted. ________________________ 1.Substituted by Act 3 of 1951, section 3, and Schedule, for "the States" (w.e.f. 1-4-1951). 2.Vide Rajasthan Act 18 of 1989, section 3 (w.e.f. 18-9-1989).

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Registration Act, 1908 Part V

Title: Of the Place of Registration

State: Central

Year: 1908

.....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.....

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Registration Act, 1908 Section 29

Title: Place for Registering Other Documents

State: Central

Year: 1908

(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".

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Registration Act, 1908 Part VI

Title: Of Presenting Documents for Registration

State: Central

Year: 1908

.....referred to in section 19 presented for registration shall be accompanied by such number of duplicate copies thereof as may be prescribed by rules under section 69. (2) The duplicate copy shall-- ( a) be neat and legibly typed or handwritten, as the case may be, on paper of such specification as may be notified by the State Government from time to time; (b) contain a declaration that the same is a true copy of the document to be registered in such manner as may be prescribed by rules under section 69; (c) be compared and verified by such official as may be directed by the Registering Officer; (d) be separately bound and permanently kept in such manner as may be prescribed by rules under section 69." 3Uttar Pradesh: After section 32, the following section shall be inserted, namely:-- "32A. Giving of true photostat copies of documents prescribed for registration.-- Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document or any translation of documents referred to in section 19 presented for registration shall be accompanied by such number of true photostat copies thereof, as may be prescribed.....

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Registration Act, 1908 Section 33

Title: Power-of-attorney Recognizable for Purposes of Section 32

State: Central

Year: 1908

..... (4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf. ________________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States" (w.e.f. 1-4-1951). 2. Substituted by Act 3 of 1951, section 3 and Schedule, for "resides in any other part of the States" (w.e.f. 1-4-1951). 3. Substituted by the A.O. 1950, for "British". 4. The words "of His Majesty or" omitted by the A.O. 1950. 5. Inserted by Act of 1951, section 3 and Schedule (w.e.f. 1-4-1951).

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Registration Act, 1908 Section 34

Title: Enquiry Before Registration by Registering Officer

State: Central

Year: 1908

..... (3) The registering officer shall thereupon-- (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed; (b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. (4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. (5) Nothing in this section applies to copies of decrees or orders.

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