(1) This Act may be called the 1 Registration Act,1908.

2[(2) It extends to the whole of India 3:

Provided that the State Government may exclude any districts or tracts of country from its operation.]

(3) It shall come into force on the first day of January, 1909.

STATE AMENDMENT

Karnataka

Amendment of section 1.--For sub-section (3) of section 1 of the Registration (KarnatakaAmendment) Act, 1976 (Karnataka Act 55 of 1976) the following sub-section shall be and shall bedeemed have been substituted, namely:--

"(3) This section and sections 3, 13, 14, 16, 17 and 19 shall come into force at once and the othersections shall come into force on such date as the State Government may, by notification, appoint anddifferent sections areas."

[Vide Karnataka Act 64 of 1976, s. 2]

1. The word "Indian" omitted by Act 45 of 1969, s. 2.

2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for sub-section (2)

3. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).

In this Act, unless there is anything repugnant in the subject or context,--

(1) "Addition" means the place of residence, and the profession, trade, rank and title (if any) of aperson described, and in the case of 1[an Indian], 2 his father's name, or where he is usuallydescribed as the son of his mother, then his mother's name;

(2) "Book" includes a portion of a book and also any number of sheets connected together with aview of forming a book or portion of a book;

(3) "District" and "sub-district" respectively mean a district and sub-district formed under thisAct;

(4) "District Court" includes the High Court in its ordinary original civil jurisdiction;

(5) "Endorsement" and "endorsed" include and apply to an entry in writing by a registeringofficer on a rider or covering slip to any document tendered for registration under this Act;

(6) "Immovable Property" includes land, buildings, hereditary allowances, rights to ways, lights,ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, orpermanently fastened to anything which is attached to the earth, but not standing timber, growingcrops nor grass;

3[(6A) "India" means the territory of India excluding the State of Jammu and Kashmir;[

(7) "Lease" includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and anagreement to lease;

(8) "Minor" means a person who, according to the personal law to which he is subject, has notattained majority;

(9) "Movable Property" includes standing timber, growing crops and grass, fruit upon and juicein trees, and property of every other description, except immovable property; and

(10) "Representative" includes the guardian of a minor and the committee or other legal curatorof a lunatic or idiot.

4

1. Subs. by A.O. 1950, for "a Native of India".

2. The words and brackets "his cast (if any) and" omitted by Act 17 of 1956, s. 2.

3. Ins. by Act 3 of 1951, s. 3 and the Schedule.

4. Clause (11) omitted by Act 3 of 1951, s. 3 and Schedule. Earlier it was inserted by the A.O. 1950.

(1) The 1[State Government] shall appoint an officer to bethe Inspector-General of Registration for the territories subject to such Government:

Provided that the 1[State Government] may, instead of making such appointment, direct that all or anyof the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercisedand performed by such officer or officers, and within such local limits, as the 1[State Government]appoints in this behalf.

(2) Any Inspector-General may hold simultaneously any other office under the 2[Government].

1. Subs. by the A.O. 1950, for "Provincial Government".

2. Subs., ibid., for "the Crown".

[Branch Inspector-General of Sindh (Repealed).]--Rep. by the Government of India (Adaptation ofIndian Laws) Order, 1937.

(1) For the purposes of this Act, the 1[State Government] shall formdistricts and sub-districts, and shall prescribe, and may alter, the limits of such districts and sub-districts.

(2) The districts and sub-districts formed under this section, together with the limits thereof, andevery alternation of such limits, shall be notified in the 2[Official Gazette].

(3) Every such alternation shall take effect on such day after the date of the notification as is thereinmentioned

1. Subs. by the A.O. 1950, for "Provincial Government".

2. Subs. by the A.O. 1937, for "Local Official Gazette"

The 1[State Government] may appoint such persons, whetherpublic officers or not, as it thinks proper, to be Registrars of the several districts, and to be Sub-Registrarsof the several sub-districts, formed as aforesaid, respectively.

2

STATE AMENDMENT

Karnataka

Amendment of section 6.--In section 6 of the Registration Act, 1908 (Central Act 16 of 1908) thefollowing provisos inserted, namely:--

"Provided that the State Government may also appoint one or more Sub-Registrars for the sameSub-District:

Provided further that the State Government may delegate to the Inspector-General ofRegistration, the power of appointing Sub-Registrars."

[Vide Karnataka Act 32 of 2001, s. 2]

1. Subs. by the A.O. 1950, for "Provincial Government".

2. The proviso rep. by the A.O. 1937. Earlier it was inserted by Act 4 of 1914, s. 2 and the Schedule.

(1) The 1[State Government] shall establish in everydistrict an office to be styled the office of the Registrar and in every sub-district an office or offices to bestyled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.

(2) The 1[State Government] may amalgamate with any office of a Registrar, any office of aSub-Registrar subordinate to such Registrar, and may authorise any Sub-Registrar whose office has beenso amalgamated to exercise and perform, in addition to his own powers and duties, all or any of thepowers and the duties of the Registrar to whom he is subordinate:

Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an orderpassed by himself under this Act.

1. Subs. by the A.O. 1950, for "Provincial Government".

(1) The 1[State Government] may also appoint officers to becalled Inspector of Registration offices, and may prescribe the duties of such officers.

(2) Every such Inspector shall be subordinate to the Inspector-General.

1. Subs. by the A.O. 1950, for u201cProvincial Governmentu201d.

[Military cantonments may be declared sub-districts or districts (Repealed).] Rep. by the Repealingand Amending Act, 1927 (10 of 1927), s. 3 and Second Schedule.]

(1) When any Registrar, other than theRegistrar of a district including a Presidency-town, is absent otherwise than on duty in his district, orwhen his office is temporarily vacant, any person whom the Inspector-General appoints in this behalf, or,in default of such appointment, the Judge of the District Court within the local limits of whosejurisdiction the Registrar's office is situate, shall be the Registrar during such absence or until the 1[StateGovernment] fills up the vacancy.

(2) When the Registrar of a district including a Presidency-town is absent otherwise than on duty inhis district, or when his office is temporarily vacant, any person whom the Inspector-General appoints inthis behalf shall be the Registrar during such absence, or until the 1[State Government] fills up thevacancy.

1. Subs. by the A.O. 1950, for "Provincial Government".

When any Registrar is absent from his office onduty in his district, he may appoint any Sub-Registrar or other person in his district to perform, duringsuch absence, all the duties of a Registrar except those mentioned in sections 68 and 72.

When any Sub-Registrar is absent, orwhen his office is temporarily vacant, any person whom the Registrar of the district appoints in thisbehalf shall be Sub-Registrar during such absence, or until 1[the vacancy is filled up].

STATE AMENDMENT

Karnataka

Amendment of section 12.--In section 12, after the word "whom" the words "the Inspector-General ofRegistration or" shall be inserted.]

[Vide Karnataka Act 32 of 2001, s. 3]

1. Subs. by Act 4 of 1914, s. 2 and the Schedule, for "the Local Government fills up the vacancy".

(1)2 Allappointments made under section 10, section 11 or section 12 shall be reported to the 1[StateGovernment] by the Inspector-General.(2) Such report shall be either special or general, as the 1]State Government directs.

3

1. Subs. by the A.O. 1950, for "Provincial Government"

2. The words and figure "All appointments made by the Inspector-General section 6 and" rep. by the A.O. 1937. Earlier thesewords and figure were ins. by Act 4 of 1914, s. 2 and the Schedule.

3. Sub-section (3) rep. by the A.O. 1937.

2

(2) The 1[State Government] may allow proper establishments for the several offices under this Act.

1. Subs. by the A.O. 1950, for "Provincial Government"

2. Sub-section (1) rep., ibid.,

The several Registrars and Sub-Registrars shall use a seal bearingthe following inscription in English and in such other language as the 1[State Government] directs:--"Theseal of the Registrar (or of the Sub-Registrar) of".

1. Subs. by the A.O. 1950, for "Provincial Government".

(1) The 1[State Government] shall provide for the officeof every registering officer the books necessary for the purposes of this Act.

(2) The books so provided shall contain the forms from time to time prescribed by the InspectorGeneral, with the sanction of the 1[State Government], and the pages of such books shall be consecutivelynumbered in print, and the number of pages in each book shall be certified on the title page by the officerby whom such books are issued.

(3) The 1[State Government] shall supply the office of every Registrar with a fire-proof box, and shallin each district make suitable provision for the safe custody of the records connected with the registrationof documents in such district.

1. Subs. by the A.O. 1950, for "Provincial Government".

[16A. Keeping of books in computer floppies, diskettes, etc. (1) Notwithstanding anythingcontained in section 16, the books provided under sub-section (1) of that section may also be kept incomputer floppies or diskettes or in any other electronic form in the manner and subject to the safeguardsas may be prescribed by the Inspector-General with the sanction of the State Government.

(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, acopy or extracts from the books kept under sub-section (1) given by the registering officer under his handand seal shall be deemed to be a copy given under section 57 for the purposes of sub-section (5) of thatsection.]

1. Ins. by Act 48 of 2001, s. 2 (w.e.f. 24-9-2001)

(1) The following documents shallbe registered, if the property to which they relate is situate in a district in which, and if they have beenexecuted on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or theIndian 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, limitor 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 considerationon account of the creation, declaration, assignment, limitation or extinction of any such right, title orinterest; and

(d) leases of immovable property from year to year, or for any term exceeding one year, orreserving a yearly rent;

1[(e) non-testamentary instruments transferring or assigning any decree or order of a Court or anyaward when such decree or order or award purports or operates to create, declare, assign, limit orextinguish, whether in present or in future, any right, title or interest, whether vested or contingent, ofthe value of one hundred rupees and upwards, to or in immovable property:]

Provided that the 2[State Government] may, by order published in the 3[Official Gazette], exemptfrom the operation of this sub-section any lease executed in any district, or part of a district, the termsgranted by which do not exceed five years and the annual rents reserved by which do not exceed fiftyrupees.

4[(1A) The documents containing contracts to transfer for consideration, any immovable property forthe purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) shall be registered if theyhave been executed on or after the commencement of the Registration and Other Related laws(Amendment) Act, 2001 (48 of 2001) and if such documents are not registered on or after suchcommencement, then, they shall have no effect for the purposes of the said section 53A.]

(2) Nothing in clauses (b) and (c) of sub-section (1) applies to--

(i) any composition deed; or

(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assetsof such Company consist in whole or in part of immovable property; or

(iii) any debenture issued by any such Company and not creating, declaring, assigning,limiting or extinguishing any right, title or interest, to or in immovable property except in so faras it entitles the holder to the security afforded by a registered instrument whereby the Companyhas mortgaged, conveyed or otherwise transferred the whole or part of its immovable property orany interest therein to trustees upon trust for the benefit of the holders of such debentures; or

(iv) any endorsement upon or transfer of any debenture issued by any such Company; or

(v)5[any document other than the documents specified in sub-section (1A)] not itselfcreating, declaring, assigning, limiting or extinguishing any right, title or interest of the value ofone hundred rupees and upwards to or in immovable property, but merely creating a right toobtain another document which will, when executed, create, declare, assign, limit or extinguishany such right, title or interest; or

(vi) any decree or order of a Court 6[except a decree or order expressed to be made on acompromise and comprising immovable property other than that which is the subject-matter ofthe suit or proceeding]; or

(vii) any grant of immovable property by 7[Government]; or

(viii) any instrument of partition made by a Revenue-Officer; or

(ix) any order granting a loan or instrument of collateral security granted under the LandImprovement Act, 1871, or the Land Improvement Loans Act, 1883; or

(x) any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument forsecuring the repayment of a loan made under that Act; or

8[(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting anyproperty in a Treasurer of Charitable Endowments or divesting any such Treasurer of anyproperty; or]

(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or anypart of the mortgage-money, and any other receipt for payment of money due under a mortgagewhen the receipt does not purport to extinguish the mortgage; or

(xii) any certificate of sale granted to the purchaser of any property sold by public auction bya Civil or Revenue-Officer.

9[Explanation.--A document purporting or operating to effect a contract for the sale of immovableproperty shall not be deemed to require or ever to have required registration by reason only of the fact thatsuch document contains a recital of the payment of any earnest money or of the whole or any part of thepurchase money.]

(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by awill, shall also be registered.

STATE AMENDMENTS

Kerala

Amendment of section 17. --In section 17 of the Registration Act, 1908 (Central Act 16 of 1908)(hereinafter referred to as the principal Act),--

(i) in sub-section (1), after clause (e), the following clauses shall be inserted, namely:--

"(f) Instruments purporting or operating to effect a contract for the sale of immovable propertyof the value of one hundred rupees and upwards;

(g) Power of attorney creating any power or right of management, administration, development,transfer or any other transaction relating to immovable property of the value of one hundred rupeesand upwards other than those executed in favour of father, mother, wife, husband, son, adopted son,daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant.";

(ii) in sub-section (2), the Explanation shall be omitted.

[Vide Kerala Act 31 of 2013, s. 2]

Kerala

Amendment of section 17.---In sub-section (2) of section 17 of the Indian Registration Act, 1908(Central Act 16 of 1908) (hereinafter referred to as the principal Act), clause (ix) and (x) shall be omitted.

[Vide kerala Act 7 of 1968, s. 2]

1. Ins. by Act 21 of 1929, s. 10.

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

3. Subs. by the A.O. 1937, for "Local Official Gazette".

4. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001).

5. Subs. by Act 48 of 2001, s. 3, for "any document" (w.e.f. 24-9-2001).

6. Subs. by Act 21 of 1929, s. 10, for "and any award".

7. Subs. by the A.O. 1950, for "Crown".

8. Ins. by Act 39 of 1948, s. 2.

9. Ins by Act 2 of 1927, s. 2.

Any of the following documents may beregistered 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, whethervested 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 thecreation, 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 undersection 17;

1[(cc) instruments transferring or assigning any decree or order of a Court or any award whensuch 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 lessthan one hundred rupees, to or in immovable property;]

(d) instruments (other than wills) which purport or operate to create, declare, assign, limit orextinguish 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.

1. Ins. by Act 33 of 1940, s. 2.

If any document dulypresented for registration be in a language which the registering officer does not understand, and which isnot commonly used in the district he shall refuse to register the documents, unless it be accompanied by atrue translation into a language commonly used in the district and also by a true copy.

STATE AMENDMENT

Karnataka

Insertion of new section 19A.--After section 19 of the Registration Act, 1908 (Central Act 16 of1908) (hereinafter referred to as the principal Act), the following section shall be inserted namely:--

"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 neatly handwritten, printed, typewritten,lithographed or otherwise prepared in accordance with such rules may be made in this matter."

[Vide Karnataka Act 55 of 1976, s. 4]

STATE AMENDMENT

Kerala

Amendment of section 19.--In section 19 of the principal Act, the words "and also by a true copy"shall be omitted.

[Vide kerala Act 7 of 1968, s. 3]

Insertion of new section 19A.---After section 19 of the principal Act, the following section shall beinserted, namely:--

"19A. Documents presented for registration to be accompanied by true copies thereof.--(1)No documents 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 neatly handwritten, printed, typewritten,lithographed or otherwise, prepared in accordance with such rules as may be made in this behalf."

[Vide kerala Act 7 of 1968, s. 4]

(1) The registeringofficer may in his discretion refuse to accept for registration any document in which any interlineation,blank, erasure or alteration appears, unless the persons executing the document attest with their signaturesor initials such interlineation, blank, erasure or alteration.

(2) If the registering officer registers any such document, he shall, at the time of registering the same,make a note in the register of such interlineation, blank, erasure or alteration.

(1) No non-testamentary document relating toimmovable property shall be accepted for registration unless it contains a description of such propertysufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (whichshould be specified) to which they front, and by their existing and former occupancies, and by theirnumbers if the houses in such street or road are numbered.

(3) Other houses and lands shall be described by their name, if any, and as being the territorialdivision in which they are situate, and by their superficial contents, the roads and other properties on towhich they abut, and their existing occupancies, and also, whenever it is practicable, by reference to aGovernment map or survey.

(4) No non-testamentary document containing a map or plan of any property comprised therein shallbe accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case suchproperty is situate in several districts, by such number of true copies of the map or plan as are equal to thenumber of such districts.

STATE AMENDMENT

Assam

Insertion of new Section 21A.-- In the principal Act, after the existing section 21, the following newsection 21A shall be inserted, namely:--

"21A. No registration of non-testamentary instruments without no objection certificate.-- Notwithstanding anything contained in any other provision of this Act, no non-testamentary instrumentrelating to immovable property shall be accepted for registration, unless the Deputy Commissioner of theconcerned district issues a No Objection Certificate containing the description of such immovableproperty to be transferred and also such other No objection Certificates, which are required to be issuedby the Deputy Commissioner or any other Authority under any law for the time being in force or underany Executive Instruction, Order, etc., issued by the State Government from time-to-time:

Provided that all such No Objection Certificates shall be issued within a period of thirty days from thedate of the receipt of application and in case No Objection Certificate is not issued within the stipulatedperiod of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the saidstipulated period."

[Vide Assam Act 29 of 2009, s. 2]

(1) Where itis, in the opinion of the 1[State Government], practicable to describe houses, not being houses in towns,and lands by reference to a Government map or survey, the 1[State Government] may, by rule made underthis Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be sodescribed.

(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with theprovisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document tobe registered if the description of the property to which it relates is sufficient to identify that property.

STATE AMENDMENT

Karnataka

Insertion of new section 22A.--After section 22 of the principal Act, the following section shall beinserted namely:--

"22A. Documents registration of which is opposed to public policy.--(1) The StateGovernment may, by notification, in the official Gazette, declare that the registration of anydocument or class of documents is opposed to public policy.

(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to registerany document to which a notification issued under sub-section (1) is applicable."

[Vide Karnataka Act 55 of 1976, s. 5]

1. Subs. by the A.O. 1950, for "Provincial Government".

Subject to the provisions contained in sections 24, 25 and 26,no document other than a will shall be accepted for registration unless presented for that purpose to theproper officer within four months from the date of its execution:

Provided that a copy a of a decree or order may be presented within four months from the day onwhich the decree or order was made, or, where it is appealable, within four months from the day on whichit becomes final.

1[23A. Re-registration of certain documents.--Notwithstanding anything to the contrary containedin this Act, if in any case a document requiring registration has been accepted for registration by aRegistrar or Sub-Registrar from a person not duly empowered to present the same, and has beenregistered, any person claiming under such document may, within four months form his first becomingaware that the registration of such document is invalid, present such document or cause the same to bepresented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar ofthe district in which the document was originally registered; and upon the Registrar being satisfied thatthe document was so accepted for registration from a person not duly empowered to present the same, heshall proceed to the re-registration of the document as if it has not been previously registered, and as ifsuch presentation for re-registration was a presentation for registration made within the time allowedtherefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply tosuch re-registration; and such document, if duly re-registered in accordance with the provisions of thissection, shall be deemed to have been duly registered for all purposes from the date of its originalregistration:

Provided that, within three months from the twelfth day of September, 1917, any person claimingunder a document to which this section applies may present the same or cause the same to be presentedfor re-registration in accordance with this section, whatever may have been the time when he first becameaware that the registration of the document was invalid.]

1. Ins. by Act 15 of 1917, s. 2.

Where there are several personsexecuting a document at different times, such document may be presented for registration andre-registration within four months from the date of each execution.

(1) If, owing to urgent necessity orunavoidable accident, any document executed, or copy of a decree or order made, in 1[India] is notpresented for registration till after the expiration of the time hereinbefore prescribed in that behalf, theRegistrar, in cases where the delay in presentation does not exceed four months, may direct that, onpayment of a fine not exceeding ten times the amount of the proper registration-fee, such document shallbe accepted for registration.

(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwithforward it to the Registrar to whom he is subordinate.

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the State".

When a document purporting to have been executed by allor any of the parties out of 1[India] is not presented for registration till after the expiration of the timehereinbefore prescribed in that behalf, the registering officer, if satisfied--

(a) that the instrument was so executed, and

(b) that it has been presented for registration within four months after its arrival in 1[India],

may, on payment of the proper registration-fee accept such document for registration.

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the State".

A will may at any time be presented forregistration or deposited in manner hereinafter provided.

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 whosesub-district the whole or some portion of the property to which such document relates is situate.

1. Subs. by Act 33 of 1940, s. 3, for "and (d)".

2. Subs. by Act 33 of 1940, s. 3, for "and (c)"

(1) Every document 1[not being a document referred toin section 28 or a copy of a decree or order], may be presented for registration either in the office of theSub-Registrar in whose sub-district the document was executed, or in the office of any otherSub-Registrar under the 2[State Government at which all the persons executing and claiming under thedocument 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 inwhose sub-district the original decree or order was made, or, where the decree or order does not affectimmovable property, in the office of any the Sub-Registrar under the 1[State Government] at which all thepersons claiming under the decree or order desire the copy to be registered.

1. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words.

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

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

1

STATE AMENDMENT

Karnataka

Amendment of section 30.--In Section 30 of the Registration Act, 1908 (Central Amendment 16 of1908) (hereinafter referred to as the principal Act), the brackets and figure "(1)" and 'sub-section (2)' shallbe omitted.]

[Vide Karnataka Act 24 of 1989, s. 2]

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

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

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

Except in the cases mentioned in 1[sections31, 88 and 89], every document to be registered under this Act, whether such registration be compulsoryor optional, shall be presented at the proper registration-office,--

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree ororder, claiming under the decree or order, or

(b) by the representive or assign of such a person, or

(c) by the agent of such a person, representative or assign, duly authorised by power-ofattorney executed and authenticated in manner hereinafter mentioned.

1. Subs. by Act 39 of 1948, s. 3, for "section 31 and section 89".

1[32A. Compulsory affixing of photograph, etc.--Every person presenting any document at theproper registration office under section 32 shall affix his passport size photograph and fingerprints to thedocument:

Provided that where such document relates to the transfer of ownership of immovable property, thepassport size photograph and fingerprints of each buyer and seller of such property mentioned in thedocument shall also be affixed to the document.]

1. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).

(1) For the purposes of section32, the following powers-of-attorney shall alone be recognized, namely:--

(a) if the principal at the time of executing the power-of-attorney resides in any part of 1[India] inwhich this Act is for the time being in force, a power-of-attorney executed before and authenticatedby the Registrar or Sub-Registrar within whose district or sub-district the principal resides;

(b) if the principal at the time aforesaid 2[resides in any part of India in which this Act is not inforce, a power-of-attorney executed before and authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside in 1India, a power-of-attorney executedbefore and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3[Indian] Consul orVice-Consul, or representative 4of the Central Government:

Provided that the following persons shall not be required to attend at any registration-office or Courtfor the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of thissection, namely:--

(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience soto attend;

(ii) persons who are in jail under civil or criminal process; and

(iii) persons exempt by law from personal appearance in court.

5[Explanation.In this sub-section India means India, as defined in clause (28) of section 3 of theGeneral Clauses Act, 1897 (10 of 1897).]

(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be,if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be theprincipal, may attest the same without requiring his personal attendance at the office or Court aforesaid.

(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar orMagistrate may either himself go to the house of the person purporting to be the principal, or to the jail inwhich he is confined, and examine him, or issue a commission for his examination.

(4) Any power-of-attorney mentioned in this section may be proved by the production of it withoutfurther proof when it purports on the face of it to have been executed before and authenticated by theperson or Court hereinbefore mentioned in that behalf.

1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for "the State".

2. Subs. by Act 3 of 1951, s. 3, and the Schedule, for resides in any other part of the States.

3. Subs. by the A.O. 1950, for "British".

4. The words of His Majesty or omitted, ibid.

5. Ins. by Act 3 of 1951, s. 3 and the Schedule.

(1) Subject to the provisions contained inthis Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act,unless the persons executing such document, or their representatives, assigns or agents authorised asaforesaid, appear before the registering officer within the time allowed for presentation under sections 23,24, 25 and 26:cProvided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear,the Registrar, in cases where the delay in appearing does not exceed four months, may direct that onpayment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine,if any, payable under section 25, the document may be registered.

(2) Appearances under sub-section (1) may be simultaneous or at different times.

(3) The registering officer shall thereupon--

(a) enquire whether or not such document was executed by the persons by whom it purports tohave been executed;

(b) satisfy himself as to the identity of the persons appearing before him and alleging that theyhave executed the document; and (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of theright of such person so to appear.

(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a SubRegistrar, 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.

(1) (a) If all the personsexecuting the document appear personally before the registering officer and are personally known to him,or if he be otherwise satisfied that they are the person they represent themselves to be, and if they alladmit the execution of the document, or

(b) if in the case of any person appearing by a representative, assign or agent, such representative,assign or agent admits the execution, or

(c) if the person executing the document is dead, and his representative or assign appears beforethe registering officer and admits the execution,

the registering officer shall register the document as directed in sections 58 to 61 inclusive.

(2) The registering officer may, in order to satisfy himself that the persons appearing before him arethe persons they represent themselves to be, or for any other purpose contemplated by this Act, examineany one present in his office.

(3) (a) If any person by whom the document purports to be executed denies its execution, or

(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or

(c) if any person by whom the document purports to be executed is dead, and his representative orassign denies its execution,

the registering officer shall refuse to register the document as to the person so denying, appearingor dead:

Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:

1[Provided further that the 2State Government may, by notification in the 3Official Gazette, declarethat any Sub-Registrar named in the notification shall, in respect of documents the execution of which isdenied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]

1. Ins. by Act 13 of 1926, s. 2.

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

3. Subs. by the A.O. 1939, for "Local Official Gazette".

If any person presentingany document for registration or claiming under any document, which is capable of being so presented,desires the appearance of any person whose presence or testimony is necessary for the registration of suchdocument, the registering officer may, in his discretion, call upon such Officer or Court as the 1[StateGovernment] directs in this behalf to issue a summons requiring him to appear at the registration office,either in person or by duly authorised agent, as in the summons may be mentioned, and at a time namedtherein.

1. Subs. by the A.O. 1950, for "Provincial Government".

The officer or Court, upon receipt ofthe peon's fee payable in such cases, shall issue the summons accordingly, and cause it to be served uponthe person whose appearance is so required.

(1) (a) A person who by reason ofbodily infirmity is unable without risk or serious inconvenience to appear at the registration-office, or

(b) a person in jail under civil or criminal process, or

(c) person exempt by law from personal appearance in Court, and who would but for theprovisions next hereinafter contained be required to appear in person at the registration-office, shallnot be required so to appear.

(2) In the case of every such person the registering officer shall either himself go to the house of suchperson, or to the jail in which he is confined, and examine him or issue a commission for his examination.

The law in force for the time being as tosummonses, commissions and compelling the attendance of witnesses, and for their remuneration in suitsbefore Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any summons or commissionissued and any person summoned to appear under the provisions of this Act.

(1) The testator, or after his deathany person claiming as executor or otherwise under a will, may present it to any Registrar orSub-Registrar for registration.

(2) The donor, or after his death the done, of any authority to adopt, or the adoptive son, may presentit to any Registrar or Sub-Registrar for registration.

(1) A will or an authority to adopt, presentedfor registration by the testator or donor, may be registered in the same manner as any other document.

(2) A will or authority to adopt presented for registration by any other person entitled to present itshall be registered if the registering officer is satisfied--

(a) that the will or authority was executed by the testator or donor, as the case may be;

(b) that the testator or donor is dead; and

(c) that the person presenting the will or authority is, under section 40, entitled to present thesame.

Any testator may, either personally or by duly authorised agent, deposit withany Registrar his will in a sealed cover super scribed with the name of the testator and that of his agent (ifany) and with a statement of the nature of the document.

(1) On receiving such cover, the Registrar, if satisfied that theperson presenting the same for deposit is the testator or his agent, shall transcribe in his Register-bookNo. 5 the superscription aforesaid, and shall note in the same book and on the said cover the year, month,day and hour of such presentation and receipt, and the names of any persons who may testify to theidentity of the testator or his agent, and any legible inscription which may be on the seal of the cover.

(2) The Registrar shall then place and retain the sealed cover in his fire-proof box.

If the testator who has depositedsuch cover wishes to withdraw it, he may apply, either personally or by duly authorised agent, to theRegistrar who holds it in deposit, and such Registrar, if satisfied that the applicant is actually the testatoror his agent, shall deliver the cover accordingly.

(1) If, on the death of a testator who has deposited a sealedcover under section 42, application be made to the Registrar who holds it in deposit to open the same, andif the Registrar is satisfied that the testator is dead, he shall, in the applicant's presence, open the cover,and, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.

(2) When such copy has been made, the Registrar shall re-deposit the original will.

STATE AMENDMENTS

Karnataka

Amendment of section 45.--in section 45 of the principal Act,--

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copiedinto his Book No. 3", the words, letters and figure "cause a true copy of the contents thereof to bemade and filled in his Book No. 3" shall be substituted;

(b) in sub-section (2) for the words "copy has been made", the words "true copy has been filed"shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 6]

Kerala

Amendment of section 45.--In section 45 of the principal Act, --

(a) in sub-section (1), for the words, letters and figure "cause the contents thereof to be copiedinto his Book No. 3, the words, letters and figures "cause a true copy of the contents thereof to bemade and filed in his Book No. 3" shall be substituted.

(b) in sub-section (2), for the words "copy has been made", the words "true copy has been filed"shall be substituted.

[Vide kerala Act 7 of 1968, s. 5]

(1) Nothing hereinbefore contained shallaffect the provisions of section 259 of the Indian Succession Act, 1865, or of section 81 of the Probateand Administration Act, 1881, or the power of any Court by order to compel the production of any will.

(2) When any such order is made, the Registrar shall, unless the will has been already copied undersection 45, open the cover and cause the will to be copied into his Book No. 3 and make a note on suchcopy that the original has been removed into Court in pursuance of the order aforesaid.

STATE AMENDMENTS

Karnataka

Amendment of section 46.--In sub-section (2) of section 46 of the principal Act--

(a) for the words "unless the will has been already copied", the words "unless a true copy of thewill has already been filled" shall be substituted;

(b) for the words, letters and figure "cause the will to be copied into his Book No.3", the words,letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall besubstituted.

[Vide Karnataka Act 55 of 1976, s. 7]

Kerala

Amendment of section 46.--In sub-section (2) of section 46 of the principal Act,--

(a) for the words "unless the will has been already copied", the words "unless a true copy of thewill has already been filedu2016 shall be substituted.

(b) for the words, letters and figure "cause the will to be copied into his Book No. 3", the words,letters and figure "cause a true copy of the will to be made and filed in his Book No. 3" shall besubstituted.

[Vide kerala Act 7 of 1968, s. 6]

A registered document shall operate fromthe time which it would have commenced to operate if no registration thereof had been required or made,and not from the time of its registration.

All non-testamentary documents duly registered under this Act, and relating to anyproperty, whether movable or immovable, shall take effect against any order agreement or declarationrelating to such property, unless where the agreement or declaration has been accompanied or followedby delivery of possession 1[and the same constitutes a valid transfer under any law for the time being inforce:

Provided that a mortgage as defined in section 58 of the Transfer of Property Act, 1882 (4 of 1882),shall take effect against any mortgage-deed subsequently executed and registered which relates to thesame property.]

1. Ins. by Act 21 of 1929, s. 10.

No document required bysection 17 1[or by any provision of the Transfer of Property Act, 1882 (4 of 1882),] to be registeredshall--

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring such power,unless it has been registered:

1[Provided that an unregistered document affecting immovable property and required by this Act orthe Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contractin a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) 2[,3oras evidence of any collateral transaction not required to be effected by registered instrument.]

1. Ins. by Act 21 of 1929, s. 10.

2. See now the Specific Relief Act, 1963 (47 of 1963).

3. The words, figures and letter "or as evidence of part performance of a contract for the purposes of section 53A of the Transferof Property Act, 1882 (4 of 1882)" omitted by Act 48 of 2001, s. 6 (w.e.f. 24-9-2001).

(1) Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of section 17,sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards theproperty comprised therein, against every unregistered document relating to the same property, and notbeing a decree or order, whether such unregistered document be of the same nature as the registereddocument or not.

(2) Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) ofsection 17 or to any document mentioned in sub-section (2) of the same section, or to any registereddocument which had not priority under the law in force at the commencement of this Act.

Explanation.--In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866),was in force in the place and at the time in and at which such unregistered document was executed,"unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1871), or the IndianRegistration Act, 1877 (3 of 1877), or this Act.

(1) The following books shall be kept in theseveral offices hereinafter named, namely:--

A--In all registration offices.--

Book 1, "Register of non-testamentary documents relating to immovable property".

Book 2, "Record of reasons for refusal to register".

Book 3, "Register of wills and authorities to adopt", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

(2) In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18and 89 which relate to immovable property, and are not wills.

(3) In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 whichdo not relate to immovable property.

(4) Nothing in this section shall be deemed to require more than one set of books where the office ofthe Registrar has been amalgamated with the office of a Sub-Registrar.

STATE AMENDMENTS

Karnataka

Amendment of section 51.--In Section 51 of the principal Act, for clause (c) of sub-section (1),the following clause shall be substituted, namely:--

(a) for sub-section (2), the following sub-section shall be substituted, namely:--

"(2) In Book No.1 shall be filed,--

(i) true copies of all documents; and

(ii) all memoranda registered under sections 17, 18 and 89 which relate to immovableproperty, and are not wills.";

(b) in sub-section (3), for the words "entered all documents", the words "filed true copies of alldocuments" shall be substituted;

(c) after sub-section (4), the following sub-section shall be inserted, namely:--

"(5) If, in the opinion of the Registrar, any of the books mentioned in sub-section (1) is in dangerof being destroyed, or becoming illegible wholly or partially, the Registrar may, by a written order,direct such book or such portion thereof as he thinks fit, to be recopied and authenticated in suchmanner as may be prescribed under section 69, and the copy prepared and authenticated under suchdirection shall for the purposes of this Act, be deemed to have taken the place of and to be theoriginal book or portion and all references in this Act, to the original book or portion shall be deemedto be references to the book or portion so prepared and authenticated."

[Vide Karnataka Act 55 of 1976, s. 8]

Kerala

Amendment of section 51.--In section 51 of the principal Act,--

(a) for sub-section (2) the following sub-section shall be substituted, namely:--

"(2) In Book I shall be filed---

(i) true copies of all documents; and

(ii) all memoranda,Registered under sections 17, 18 and 89 which related to immovable property, and are not wills."

(b) in sub-section (3), for the words "entered all documentsu2016, the words "filed true copies of alldocuments" shall be substituted."

[Vide kerala Act 7 of 1968, s. 7]

(1) (a) The day, hour and place ofpresentation, 1[the photographs and finger prints affixed under section 32A,] and the signature of everyperson presenting a document for registration, shall be endorsed on every such document at the time ofpresenting it;

(b) a receipt for such document shall be given by the registering officer to the person presentingthe same; and

(c) subject to the, provisions contained in section 62, every document admitted to registrationshall without unnecessary delay be copied in the book appropriated therefore according to the orderof its admission.

(2) All such books shall be authenticated at such intervals and in such manner as is from time to timeprescribed by the Inspector-General.

STATE AMENDMENTS

Karnataka

Amendment of section 52.--In section 52 of the principal Act, for clause (c) of sub-section (1),the following clause shall be substituted, namely:--

"(c) subject to the provisions contained in section 62 where a document is admitted toregistration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate bookaccording to the order of its admission".

[Vide Karnataka Act 55 of 1976, s. 9]

Kerala

Amendment of section 52.--In section 52 of the principal Act, for clause (c) of sub-section (1), thefollowing clause shall be substituted.

"(c) subject to the provisions contained in section 62, where a document is admitted toregistration, a true copy thereof shall, without unnecessary delay, be filed in the appropriate bookaccording to the order of its admission."

[Vide kerala Act 7 of 1968, s. 8]

1. Ins. by Act 48 of 2001, s. 7 (w.e.f. 24-9-2001).

All entries in each book shall be numbered in aconsecutive series, which shall commence and terminate with the year, a fresh series being commenced atthe beginning of each year.

In every office in which any of the books hereinbeforementioned are kept, there shall be prepared current indexes of the contents of such books; and every entryin such indexes shall be made, so far as practicable, immediately after the registering officer has copied,or filed a memorandum of, the document to which it relates.

STATE AMENDMENTS

Karnataka

Amendment of section 54.--In section 54 of the principal Act, for the words "copied, or filedmemorandum of, the words "filed a true copy or memorandum or shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 10]

Kerala

Amendment of section 54.--In section 54 of the principal Act for the words "copied, or filed amemorandum of," the words "filed a true copy or memorandum of" shall be substituted."

[Vide kerala Act 7 of 1968, s. 9]

(1) Four such indexes shall bemade in all registration offices, and shall be named, respectively, Index No. I, Index No. II, Index No. Illand Index No. IV.

(2) Index No. I shall contain the names and additions of all persons executing and of all personsclaiming under every document entered or memorandum filed in Book No. 1.

(3) Index No. II shall contain such particulars mentioned in section 21 relating to every suchdocument and memorandum as the Inspector-General from time to time directs in that behalf.

(4) Index No. III shall contain the names and additions of all persons executing every will andauthority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, andafter the death of the testator or the donor (but not before) the names and additions of all persons claimingunder the same.

(5) Index No. IV shall contain the names and additions of all persons executing and of all personsclaiming under every document entered in Book No. 4.

(6) Each Index shall contain such other particulars, and shall be prepared in such form, as theInspector-General from time to time directs.

STATE AMENDMENTS

Karnataka

Amendment of section 55.--In section 55 of the principal Act,--

(a) in sub-section (2), for the words "documents entered or memorandum filed", the words"documents of which a true copy or memorandum is filed" shall be substituted;

(b) in sub-section (4), for the words "authority entered", the words "authority of which a truecopy is filed" shall be substituted;

(c) in sub-section (5), for the words "document entered", the words "documents of which a truecopy is filed" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 11]

Kerala

Amendment of section 55.--In section 55 of the principal Act,--

(a) in sub-section (2), for the words "document entered or memorandum filed", the words"document of which a true copy, or memorandum, is filed" shall be substituted.

(b) in sub-section (4), for the words "authority entered", the words "authority of which a truecopy is filed" shall be substituted.

(c) in sub-section (5), for the words "document entered", the words "document of which a truecopy is filed" shall be substituted.

[Vide kerala Act 7 of 1968, s. 10]

[Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed(Repealed)] Rep. by the Indian Registration (Amendment) Act, 1929 (15 of 1929), s. 2.

(1) Subject to the previous payment of the fees payable in that behalf, the Books Nos.1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any personapplying to inspect the same; and, subject to the provisions of section 62, copies or entries in such booksshall be given to all persons applying for such copies.

(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating theretoshall be given to the persons executing the documents to which such entries relate, or to their agents, andafter the death of the executants (but not before) to any person applying for such copies.

(3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating theretoshall be given to any person executing or claiming under the documents to which such entriesrespectively refer, or to his agent or representative.

(4) The requisite search, under this section for entries in Book Nos. 3. and 4 shall be made only by theregistering officer.

(5) All copies given under this section shall be signed and sealed by the registering officer, and shallbe admissible for the purpose of proving the contents of the original documents.

(1) On every documentadmitted to registration, other than a copy of a decree or order, or a copy sent to a registering officerunder section 89, there shall be endorsed from time to time the following particulars, namely:--

(a) the signature and addition of every person admitting the execution of the document, and, ifsuch execution has been admitted by the representative, assign or agent of any person, the signatureand addition of such representative, assign or agent;

(b) the signature and addition of every person examined in reference to such document under anyof the provisions of this Act; and

(c) any payment of money or delivery of goods made in the presence of the registering officer inreference to the execution of the document, and any admission of receipt of consideration, in whole orin part, made in his presence in reference to such execution.

(2) If any person admitting the execution of a document refuses to endorse the same, the registeringofficer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

The registering officer shallaffix the date and his signature to all endorsements made under sections 52 and 58, relating to thesame document and made in his presence on the same day.

(1) After such of the provisions of sections 34, 35, 58 and 59 asapply to any document presented for registration have been complied with, the registering officer shallendorse thereon a certificate containing the word registered, together with the number and page of thebook in which the document has been copied.

STATE AMENDMENTS

Karnataka

Amendment of section 60.--The words "the document has been copied", the words " a true copy ofthe document has been filed" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 12]

Kerala

Amendment of section 60.---In sub-section (1) of section 60, for the principal Act, for the words "thedocument has been copied", the words "the true copy of the document has been filed" shall besubstituted.]

[Vide kerala Act 7 of 1968, s. 11]

(1) The endorsementsand certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the marginof the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed inBook No. 1.

(2) The registration of the document shall thereupon be deemed complete, and the document shallthen be returned to the person who presented the same for registration, or to such other person (if any) ashe has nominated in writing in that behalf on the receipt mentioned in section 52.

STATE AMENDMENTS

Karnataka

Amendment of section 61.--For sub-section (1) of section 61 of the principal Act the followingsub-section shall be substituted namely:--

"(1) The endorsements and certificate referred to and mentioned in sections 59 and 60 shallthereupon be copied into the true copy of the document presented along with the document and thetrue copy of the map or the plan (if any) mentioned in section 21 shall also be filed along with thetrue copy of the document."

[Vide Karnataka Act 55 of 1976, s. 13]

Kerala

Amendment of section 61.--for sub-section (1) of section 61 of the principal Act, the following subsection shall be substitute, namely:--

"(1) The endorsement and certificate referred to and mentioned in sections 59 and 60 shallthereupon be copied into the true copy of the document presented along with the document, and the true copy of the map or plan (if any) mentioned in section 21 shall also be filed along with the truecopy of the document."

[Vide kerala Act 7 of 1968, s. 12]

(1) When adocument is presented for registration under section 19, the translation shall be transcribed in the registerof documents of the nature of the original, and, together with the copy referred to in section 19, shall befiled in the registration office.

(2) The endorsements and certificate respectively mentioned in sections 59 and 60 shall be made onthe original, and, for the purpose of making the copies and memoranda required by sections 57, 64, 65and 66, the translation shall be treated as if it were the original.

STATE AMENDMENTS

Karnataka

Amendment of section 62.--For sub-section (1) of section 62 of the principal Act, the followingsub-section shall be substituted, namely:--

"(1) When a document is presented for registration under section 19, the translation together with thetrue copy of the document shall be filed in the appropriate book."

[Vide Karnataka Act 55 of 1976, s. 14]

Kerala

Amendment of section 62.--For sub-section (1) of section 62 of the principal Act, the following subsection shall be substituted, namely:--

"(1) When a document is presented for registration under section 19, the translation together with thetrue copy of the document shall be filed in the appropriate book."

[Vide kerala Act 7 of 1968, s. 13]

(1) Every registeringofficer may, at his discretion, administer an oath to any person examined by him under the provisions ofthis Act.

(2) Every such officer may also at his discretion record a note of the substance of the statement madeby each such person, and such statement shall be read over, or (if made in a language with which suchperson is not acquainted) interpreted to him in a language with which he is acquainted, and, if he admitsthe correctness of such note, it shall be signed by the registering officer.

(3) Every such note so signed shall be admissible for the purpose of proving that the statementstherein recorded were made by the persons and under the circumstances therein stated.

Every Sub-Registrar onregistering a non-testamentary document relating to immovable property not wholly situate in his ownsub-district shall make a memorandum thereof and of the endorsement and certificate (if any) thereon,and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whosesub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in hisBook No. 1.

(1) Every Sub-Registrar onregistering a non-testamentary document relating to immovable property situate in more districts than oneshall also forward a copy thereof and of the endorsement and certificate (if any) thereon, together with acopy of the map or plan (if any) mentioned in section 21, to the Registrar of every district in which anypart of such property is situate other than the district in which his own sub-district is situate.

(2) The Registrar on receiving the same shall file in his Book No. 1 the copy of the document and thecopy of the map or plan (if any), and shall forward a memorandum of the document to each of the SubRegistrars subordinate to him within whose sub-district any part of such property is situate; and everySub-Registrar receiving such memorandum shall file in his Book No. 1.

(1) On registering any nontestamentary document relating to immovable properly, the Registrar shall forward a memorandum ofsuch document to each Sub-Registrar subordinate to himself in whose sub-district any part of the propertyis situate.

(2) The Registrar shall also forward a copy of such document, together with a copy of the map or plan(if any) mentioned in section 21, to every other Registrar in whose district any part of such property issituate.

(3) Such Registrar on receiving any such copy shall file it in his Book No. 1, and shall also send amemorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district anypart of the property is situate.

(4) Every Sub-Registrar receiving any memorandum under this section shall file it in his Book No. 1.

[Procedure after registration under section 30, sub-section (2).] Omitted by the Registration andOther Related Laws (Amendment) Act, 2001 (48 of 2001), s. 8 (w.e.f. 24-9-2001).

STATE AMENDMENT

Karnataka

Omission of section 67.-Section 67 of the principal Act, shall be omitted.

[Vide Karnataka Act 24 of 1989, s. 3]

(1) Every Sub-Registrarshall perform the duties of his office under the superintendence and control of the Registrar in whosedistrict the office of such Sub-Registrar is situate.

(2) Every Registrar shall have authority to issue (whether on complaint or otherwise) any orderconsistent with this Act which he considers necessary in respect of any act or omission of any SubRegistrar subordinate to him or in respect of the rectification of any error regarding the book or the officein which any document has been registered.

(1) TheInspector-General shall exercise a general superintendence over all the registration offices in theterritories under the 1[State Government], and shall have power from time to time to make rules consistentwith this Act--

(a) providing for the safe custody of books, papers and documents;2

3[(aa) providing the manner in which and the safeguards subject to which the books may be keptin computer floppies or diskettes or in any other electronic form under sub-section (1) of section16A;]

(b) declaring what language shall be deemed to be commonly used in each district;

(c) declaring what territorial divisions shall be recognized under section 21;

(d) regulating the amount of fines imposed under sections 25 and 34, respectively;

(e) regulating the exercise of the discretion reposed in the registering officer by section 63;

(f) regulating the form in which registering officers are to make memoranda of documents;

(g) regulating the authentication by Registrars and Sub-Registrars of the books kept in theirrespective offices under section 51;

4[(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88may be presented for registration;]

(h) declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;

(i) declaring the holidays that shall be observed in the registration offices; and

(j) generally, regulating the proceedings of the Registrars and Sub-Registrars.

(2) The rules so made shall be submitted to the 1[State Government] for approval, and, after they havebeen approved, they shall be published in the 5[Official Gazette], and on publication shall have effect as ifenacted in this Act.

STATE AMENDMENTS

Karnataka

Amendment of section 69.--In sub-section (1) of section 69 of the principal Act,(i) in clause (g) after the word and figures "section 51", insert the words "and the manner ofrecopying such books on portions thereof",

(ii) after clause (i) insert us under--

"(ii) prescribing the manner in which and the terms subject to which persons who write deedsoutside the precincts of a registration officer, or who frequent the precincts of registrationofficers, for the purpose of writing documents may be granted licence and prescribing the fees tobe paid for such licences;

[Vide Karnataka Act 55 of 1976, s. 15]

Kerala

Amendment of section 69.--After clause (b) of sub-section (1) of section 69 of the principal Act, thefollowing clause shall be inserted, namely:--

"(bb) providing for the grant of licences to document writers, the revocation of such licences theterms and conditions subject to which and the authority by whom such licences shall be granted andgenerally for all purposes connected with the writing of documents to be presented for registration."

[Vide Kerala Act 2 of 1959, s. 3]

1. Subs. by the A.O. 1950, for Provincial Government.

2. The words "and also for the destruction of such books, papers and documents as need no longer be kept" rep. by Act 5 of1917, s. 6 and the Schedule.

3. Ins. by Act 48 of 2001, s. 9 (w.e.f. 24-9-2001).

4. Ins. by Act 39 of 1948, s. 4.

5. Subs. by the A.O. 1937, for "Local Official Gazette".

The Inspector-General may also, in the exercise ofhis discretion, remit wholly or in part the difference between any fine levied under section 25 or section34, and the amount of the proper registration fee.

(1) Every Sub-Registrar refusing to registera document, except on the ground that the property to which it relates is not situate within his sub-district,shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse thewords "registration refused" on the document; and, on application made by any person executing orclaiming under the document, shall, without payment and unnecessary delay, give him a copy of thereasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, underthe provisions hereinafter contained, the document is directed to be registered.

STATE AMENDMENT

Kerala

Amendment of section 71.--In section 71 of the principal Act, after sub-section (2), the followingsub-section shall be inserted, namely:--

"(3) No registering officer shall accept for registration any document involving transfer ofproperty including contract for sale of immovable property belonging to or vested in the Governmentof Kerala or public sector undertakings operating in the State or local self government institutionsunless it is accompanied by a no objection certificate issued by an officer authorised by the StateGovernment in this behalf.".

[Vide Kerala Act 31 of 2013, s. 3]

(1) Except where the refusal is made on the ground of denial of execution, anappeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration (whetherthe registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registraris subordinate, if presented to such Registrar within thirty days from the date of the order; and theRegistrar may reverse or alter such order.

(2) If the order of the Registrar directs the document to be registered and the document is dulypresented for registration within thirty days after the making of such order, the Sub-Registrar shall obeythe same, and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections58, 59 and 60; and such registration shall take effect as if the document had been registered when it wasfirst duly presented for registration.

(1) When a Sub-Registrar has refused to register a document on the ground that any personby whom it purports to be executed, or his representative or assign, denies its execution, any personclaiming under such document, or his representative, assign or agent authorised as aforesaid, may, withinthirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar issubordinate in order to establish his right to have the document registered.

(2) Such application shall be in writing and shall be accompanied by a copy of the reasons recordedunder section 71, and the statements in the application shall be verified by the applicant in mannerrequired by law for the verification of plaints.

In such case, and also where such denial asaforesaid is made before a Registrar in respect of a document presented for registration to him, theRegistrar shall, as soon as conveniently may be, enquire.--

(a) whether the document has been executed;

(b) whether the requirements of the law for the time being in force have been complied with onthe part of the applicant or person presenting the document for registration, as the case may be, so asto entitle the document to registration.

(1) If the Registrar finds that thedocument has been executed and that the said requirements have been complied with, he shall order thedocument to be registered.

(2) If the document is duly presented for registration within thirty days after the making of such order,the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow theprocedure prescribed in sections 58, 59 and 60.

(3) Such registration shall take effect as if the document had been registered when it was first dulypresented for registration.

(4) The Registrar may, for the purpose of any enquiry under section 74, summon and enforce theattendance of witness, and compel them to give evidence, as if he were a Civil Court and he may alsodirect by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shallbe recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).

(1) Every Registrar refusing--

(a) to register a document except on the ground that the property to which it relates is not situatewithin his district or that the document ought to be registered in the office of a Sub-Registrar, or

(b) to direct the registration of a document under section 72 or section 75,

shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on applicationmade by any person executing or claiming under the document, shall, without unnecessary delay, givehim a copy of the reasons so recorded.

(2) No appeal lies from any order by a Registrar under this section or section 72.

(1) Where the Registrar refuses to order thedocument to be registered, under section 72 or a decree section 76, any person claiming under suchdocument, or his representative, assign or agent, may, within thirty days after the making of the order ofrefusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate theoffice in which the document is sought to be registered, a suit for a decree directing the document to beregistered in such office if it be duly presented for registration within thirty days after the passing of suchdecree.

(2) The provisions contained in sub-sections (2) and (3) of section 75 shall, mutatis mutandis, applyto all documents presented for registration in accordance with any such decree, and, notwithstandinganything contained in this Act, the documents shall be receivable in evidence in such suit.

1 The 2[State Government] shall prepare a table offees payable--

(a) for the registration of documents;

(b) for searching the registers;

(c) for making or granting copies of reasons, entries or documents, before on or after registration;

and of extra or additional fees payable

(d) for every registration under section 30;

(e) for the issue of commissions;

(f) for filing translations;

(g) for attending at private residences;

(h) for the safe custody and return of document; and

(i) for such other matters as appear to the Government necessary to effect the purposes of thisAct.

STATE AMENDMENTS

Assam

Insertion of new Section 78A.-- In the principal Act, after the existing sections 78, the following newsection 78A shall be inserted, namely:--

"78A. Power to reduce or remit fees.--"The State Government may, if in its opinion it isnecessary in the public interest so to do, by order published in the Official Gazette, reduce or remit the fees payable in respect of any of the matters enumerated in clauses (a) to (i) of section 78, eithergenerally or for any particular class of cases and in respect of persons generally or of any particularclass or classes of persons, or in respect of any particular class or classes of instruments."

[Vide Assam Act 24 of 2013, s. 2]

Kerala

Amendment of section 78.--Section 78 of the principal Act shall be renumbered as sub-section (1) ofthat section, and after sub-section (1) as so renumbered, the following sub-section shall be inserted,namely:--

"(2) The State Government may, if in their opinion it is necessary in the public interest so to do, byorder published in the Official Gazette, remit the fees payable in respect of any of the matters encumberedin clauses (a) to (i) of sub-section (1), either generally for any particular class or classes of cases and inrespect of persons generally or of any particular class or classes of persons."

[Vide kerala Act 7 of 1968, s. 14]

1. The words "Subject to the control of the Governor-General in Council" omitted by Act 38 of 1920, s. 2, and the First Schedule.

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

A table of the fees so payable shall be published in the Official Gazette,and a copy thereof in English and the vernacular language of the district shall be exposed to public viewin every registration office.

All fees for the registration of documents under this Act shall bepayable on the presentation of such documents.

STATE AMENDMENTS

Kerala

Insertion of new section 80 A.--After section 80 of the Registration Act, 1908 (Central Act 16 of1908), the following section shall be inserted, namely.--

"80A. Recovery of registration fees in certain cases.--If on inspection or otherwise it is found thatthe fee payable under this Act in relation to any document which is registered has not been paid or hasbeen insufficiently paid or that the fee paid has subsequently been found to be insufficient due to the factthat the value of the property or the consideration, as the case may be, has not been truly set forth in thedocument, such fee or the difference between the fee paid and the fee due, as the case may be, may on acertificate by the Inspector General of Registration or an officer authorised by him in that behalf, berecovered from the person who presented such document for registration under section 32, as an arrear ofpublic revenue due on land under the provisions of the Revenue Recovery Act for the time being in force:

Provided that no such certificate shall be granted unless enquiry in the prescribed manner has beenheld and such person has been given a reasonable opportunity of being heard:

Provided further that no such certificate shall be granted after the expiry of a period of three yearsfrom the date of presentation of the document under section 32.".

[Vide Kerala Act 21 of 1998, s. 2]

Karnataka

Insertion of new section 80A.--After section 80 of the Registration Act, 1908 (Central Act 16 of1908) the following section shall be inserted, namely:--

"80A. Deficient amount of fees payable and their recovery.--(1) If the value of the propertyhas been increased under section 45A of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957),consequential increase in the fee for the registration of documents under this Act shall be paid by theperson liable to pay the same within a period of thirty days from the date, the order determining themarket value of the property is communicated to him.

(2) The fee payable under sub-section (1) may be recovered as an arrear of land revenue."

Vide Karnataka Act 28 of 1975, s. 2]

Karnataka

Insertion of new Part after Part XIII--After Part XIII of the principal Act, the following Part shall beinserted, namely:--

"PART XIII-A

OF DEED WRITERS

80B. Deed Writers to hold licences.--No person other than an advocate or other legalpractitioner, shall for payment, write deeds unless he holds a licence granted in accordance with rulesmade under section 69".

[Vide Karnataka Act 55 of 1976, s. 16]

Karnataka

Insertion of new section 80A.--After section 80 of the Registration Act, 1908 (Central Act 25 of1908), the following section shall be and shall be deemed to have been inserted with effect from thefirst day of April, 1972, namely:--

"80A. Recovery of registration fee not levied or short levied, etc.--(1) If on inspection orotherwise, it is found that the fee payable under this Act in relation to any document which isregistered has not been paid or has been insufficiently paid, such fee may, on a certificate of theInspector-General of Registration, be recovered from the person who presented such documentfor registration, as an arrear of land revenue. The certificate of the Inspector-General shall befinal and shall not be called in question in any court or before any authority:

Provided that no such certificate shall be granted without giving such person,--

(i) an opportunity of being heard; and

(ii) an opportunity to pay the amount of fee found due from him.

(2) If on inspection or otherwise the Inspector-General of Registration finds that the amountof fees charged and paid under the provisions of this Act is in excess of that which is legallychargeable, he may, upon an application in writing or otherwise, refund the excess fee so chargedand paid.

(3) Nothing in sub-sections (1) and (2) shall apply to instruments executed prior to first dayof April, 1972."

[Vide Karnataka Act 19 of 1980, s. 2]

Every registering officer appointed under this Act and every person employed in his officefor the purposes of this Act, who, being charged with the endorsing, copying, translating or registering ofany document presented or deposited under its provisions, endorses, copies, translates or registers suchdocument in a manner which he knows or believes to be incorrect, intending thereby to cause or knowingit to be likely that he may thereby cause, injury, as defined in the Indian Penal Code (45 of 1860), to anyperson, shall be punishable with imprisonment for a term which may extend to seven years, or with fine,or with both.

STATE AMENDMENTS

Karnataka

Amendment of section 81.--In section 81 of the principal Act,--

(i) in the marginal heading, for the words " the registering", the words "registering or filing" shallbe substituted;

(ii) for the words "or registering of any document" the words "registering or filing a true copy ofany document" shall be substituted;

(iii) for the words "or registers such document", the words "registers or files a copy of suchdocument" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 17]

Kerala

Amendment of section 81.--In section 81 of the principal Act,--

(a) for the words "or registering of any document", the words "registering, or filing a true copy,of any document" shall be substituted;

(b) for the words "or registers such document", the words "registers, or files a true copy of, suchdocument" shall be substituted.

[Vide Kerala Act 7 of 1968, s. 15]

Whoever--

(a) intentionally makes any false statement, whether on oath or not, and whether it has beenrecorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry underthis Act; or

(b) intentionally delivers to a registering officer, in any proceeding under section 19 or section 21,a false copy or translation of a document, or a false copy of a map or plan; or

(c) falsely personates another, and in such assumed character presents any document, or makesany admission or statement, or causes any summons or commission to be issued, or does any other actin any proceeding or enquiry under this Act; or

(d) abets anything made punishable by this Act,

shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or withboth.

STATE AMENDMENTS

Karnataka

Amendment of section 82.--In clause (b) of section 82 of the principal Act, the following thewords and figures "under section 19 or section 21", the words "under this Act or the rules madethereunder" shall be substituted.

[Vide Karnataka Act 55 of 1976, s. 18]

Insertion of new section 82A,-- After section 82 of the principal Act, the following section shall beinserted namely:--

"82A. Penalty in respect of deed writers.--Whoever contravenes the provisions of section 80B orany term or condition of a licence granted under rules made under section 69, shall be punishablewith imprisonment which may extend to one month or with fine which may extend to two hundredrupees or with both"]

[Vide Karnataka Act 55 of 1976, s. 19]

Kerala

Amendment of section 82.--In clause (b) of section 82 of the principal Act, for the words and figures"section 19 or section 21", the words "this Act or the rules made thereunder" shall be substituted.

[Vide kerala Act 7 of 1968, s. 16]

(1) A prosecution for any offence underthis Act coming to the knowledge of a registering officer in his official capacity may be commenced by orwith the permission of the Inspector-General, 1 the Registrar or the Sub-Registrar, in whose territories,district or sub-district, as the case may be, the offence has been committed.

(2) Offences punishable under this Act shall be triable by any Court or officer exercising powers notless than those of a Magistrate of the second class.

STATE AMENDMENTS

Kerala

Insertion of new sections 83A and 83B.--After section 83 of the principal Act, the followingsections shall be inserted, namely:--

"83A. Cancellation of registered documents in certain cases.--(1) If on enquiry by an officer inthe Registration Department not below the rank of the deputy Inspector General of Registration, it isfound that some one has falsely personated another, and in such assumed character presented, admittedthe execution and got registered any document by a registering officer and the existence of such adocument is detrimental to the interest of another person, the same shall be cancelled by the InspectorGeneral of Registration on application made to him in such form as may be prescribed.

(2) If on an enquiry conducted by the District Collector suo motu or on the basis of a complaintreceived by him, it is found that any Government land or land owned by a public sector undertaking, hasbeen transferred on the strength of a document which is got registered without following the procedureprescribed in sub-section (3) of section 71, the District Collector may make recommendation to theInspector General of Registration to cancel the registration of such document.

(3) On receipt of such recommendation from the District Collector, the Inspector General ofRegistration shall have the authority to cancel the registration of such document after following suchprocedure as may be prescribed.

83B. Appeal to Government from orders of the Inspector General of Registration.--Any personaggrieved by an order of the Inspector General of Registration under section 83A, may prefer an appealbefore the Government within thirty days from the date of receipt of such order, and the Governmentshall pass an order confirming, modifying or cancelling the order of the Inspector General of Registrationas they deem fit.".

[Vide Kerala Act 31 of 2013, s. 4]

1. The words the "Branch Inspector-General of Sindh", omitted by the A.O. 1937.

(1) Every registering officer appointedunder this Act shall be deemed to be a public servant public servant within the meaning of the IndianPenal Code (45 of 1860).

(2) Every person shall be legally bound to furnish information to such registering officer whenrequired by him to do so.

(3) In section 228 of the Indian Penal Code (45 of 1860), the words judicial proceeding shall bedeemed to include any proceeding under this Act.

Documents (other than wills) remaining unclaimed inany registration office for a period exceeding two years may be destroyed.

Noregistering officer shall be liable to any suit, claim or demand by reason of anything in good faith done orrefused in his official capacity.

Nothing done in goodfaith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalidmerely by reason of any defect in his appointment or procedure.

1[88. Registration of documents executed by Government officers or certain publicfunctionaries.--(1) Notwithstanding anything contained in this Act, it shall not be necessary for,--

(a) any officer of Government, or

(b) any Administrator-General, Official Trustee or Official Assignee, or

(c) the Sheriff, Receiver or Registrar of a High Court, or

(d) the holder for the time being of such other public office as may be specified in a notificationin the Official Gazette issued in that behalf by the State Government,

to appear in person or by agent at any registration office in any proceeding connected with the registrationof any instrument executed by him or in his favour, in his official capacity, or to sign as provided insection 58.

(2) Any instrument executed by or in favour of an officer of Government or any other person referredto in sub-section (1) may be presented for registration in such manner as may be prescribed by rules madeunder section 69.

(3) The registering officer to whom any instrument is presented for registration under this sectionmay, if he thinks fit, refer to any Secretary to Government or to such officer of Government or otherperson referred to in sub-section (1) for information respecting the same and, on being satisfied of theexecution thereof, shall register the instrument.]

1. Subs. by Act 39 of 1948, s. 5, for section 88.

(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883),shall send a copy of his order to the registering officer within the local limits of whose jurisdiction thewhole or any part of the land to be improved or of the land to be granted as collateral security, is situate,and such registering officer shall file the copy in his Book No. 1.

(2) Every Court granting a certificate of sale of immovable property under the Code of CivilProcedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the locallimits of whose jurisdiction the whole or any part of the immovable property comprised in such certificateis situate, and such officer shall file the copy in his Book No. 1.

(3) Every officer granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884), shall send acopy of any instrument whereby immovable property is mortgaged for the purpose of securing therepayment of the loan, and, if any such property is mortgaged for the same purpose in the order grantingthe loan, a copy also or that order, to the registering officer within the local limits of whose jurisdictionthe whole or any part of the property so mortgaged is situate, and such registering officer shall file thecopy or copies as the case may be, in his Book No. 1.

Exemption from Act

(4) Every Revenue Officer granting a certificate of sale to the purchaser of immovable property soldby public auction shall send a copy of the certificate to the registering officer within the local limits ofwhose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate,and such officer shall file the copy in his Book No. 1.

STATE AMENDMENTS

Karnataka

Insertion of new section 89A.--After section 89 of the principal Act, the following section shallbe inserted namely:--

u201c89A. Power to make rules for filing of copies of documents.--(1) The State Government maymake rules for all purposes connected with the filing of true copies of documents in the appropriatebooks under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for--

(a) the furnishing of true copies of documents by the person presenting the documents forregistration;

(b) the manner in which true copies of documents shall be prepared; and

(c) the manner of filing of such copies.

(3) All rules made under this section shall be published in the Official Gazette, and unless theyare expressed to come into force on a particular day, shall come into force on the day on which theyare so published.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before eachHouse of the State Legislature while it is in session for a total period of thirty days which may becomprised in one session or in two or more successive sessions, and if, before the expiry of thesession in which it is so laid or the session immediately following, both Houses agree in making anymodification in the rule or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as the case may be; so however,that any such modification or annulment shall be without prejudice to the validity of anythingpreviously done under that rule."

[Vide Karnataka Act 55 of 1976, s. 20]

Kerala

Amendment of section 89.--In section 89 of the principal Act, --

(a) sub-section (1) and (3) shall be omitted.

(b) after sub-section (4), the following sub-sections shall be inserted, namely:--

"(5) Every court passing(a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, titleor interest to or in immovable property in favour of or of any person, or (b) an order for the attachment of immovable property or of the release of any immovableproperty from attachment,Shall send a copy of such decree or order together with a memorandum describing the property, as far asmay be practicable in the manner required by section 21, to the registering officer within the local limitsof whose jurisdiction the whole or any part of the immovable property comprised in such decree or orderis situate, and such officer shall file the copy and memorandum in his Book No. 1.

(6) Every officer issuing a written demand before the attachment of the immovable property of adefaulter under the Revenue Recovery Act of the time being in force shall--

(a) send a copy of such written demand together with a memorandum describing the property, asfar as may be practicable in the manner required by section 21; and

(b) where such written demand is withdrawn or attachment of the property is lifted or theproperty is sold and the sale is confirmed, send a memorandum indicating that fact and describing theproperty, as far as may be practicable in the manner required by section 21,to the registering officer within the local limits of whose jurisdiction the whole or any party of theimmovable property to which the written demand relates is situate and such registering officer shall fielthe copy of the written demand and the memoranda I his Book No. 1."

[Vide Kerala Act 7 of 1968, s. 17]

Insertion of new section 89A.--After section 89 of the principal Act, the following section shall beinserted, namely:--

"89A. Power to make rules for filing of true copies of documents.--(1) The State Governmentmay make rules for all purposes connected with the filing of true copies of documents in theappropriate books under this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide for--

(a) the manner in which true copies of documents shall be prepared; and

(b) the manner of filing such copies.

(3) All rules made under this section shall be published in the Official Gazette and unless they areexpressed to come into force on a particular day, shall come into force on the day on which they are sopublished.

(4) Every rule made under this section shall be laid as soon as may be after it is made, before theLegislative Assembly while it is in session for a total period of fourteen days which may be comprised inone session or in two successive sessions, and if, before the expiry of the session in which it is so laid orthe session immediately following, the Legislative Assembly makes any modification in the rule ordecides that rule should not be made, the rule thereafter have effect only in such modified form or be ofno effect as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule."

[Vide kerala Act 7 of 1968, s. 18]

(1) Nothingcontained in this Act or in the Indian Registration Act, 1877 (3 of 1877), or in the Indian Registration Act, 1871 (8 of 1871), or in any Act thereby repealed, shall be deemed to require, or to have at any timerequired, the registration of any of the following documents or maps, namely:--

(a) documents issued, received or attested by any officer engaged in making a settlement orrevision or settlement of land-revenue, and which form part of the records of such settlement; or

(b) documents and maps issued, received or authenticated by any officer engaged on behalf ofGovernment in making or revising the survey of any land, and which form part of the record of suchsurvey; or

(c) documents which, under any law for the time being in force, are filed periodically in anyrevenue office by patwaris or other officers charged with the preparation of village records; or

(d) sanads, inam, title-deeds and other documents purporting to be or to evidence grants orassignments by Government of land or of any interest in land; or

(e) notices given under section 74 or section 76 of the Bombay Land-Revenue Code, 1879, orrelinquishment of occupancy by occupants, or of alienated land by holders of such land.

(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to havebeen and to be registered in accordance with the provisions of this Act.

1[(1)] Subject to such rules and the previouspayment of such fees as the 2[3[State Government, by notification in the Official Gazette, prescribes inthis behalf], all documents and maps mentioned in section 90, clauses (a), (b), (c), and (e), and allregisters of the documents mentioned in clause (d), shall be open to the inspection of any person applyingto inspect the same, and, subject as aforesaid, copies of such documents shall be given to all personsapplying for such copies.

4[(2) Every rule prescribed under this sub-section or made under section 69 shall be laid, as soon as itis made, before the State Legislature.]

1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule.

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

3. Subs., ibid., for "State Government prescribes in this behalf".

4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).

[Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of IndianLaws) Order, 1937.

[Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.