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Report No. 6
The Registration Act, 1908
| Contents | |
| Titel | The Registration Act, 1908 |
| Part I | Preliminary |
| Section 1 | |
| (A) | Addition |
| (B) | Immovable property |
| (C) | Lease |
| (D) | Representative |
| Instrument" a "document | |
| Part II | Of The Registration Establishment |
| Sections 3 to 16 | |
| Part III | Of Registrable Documents |
| Section 17(1)(a) | |
| Section 17(1)(b) | |
| Section 17(1)(c) | |
| Section 17(1)(d) | |
| Section 17(1)(e) | |
| Section 17(2)(i) | |
| Section 17(2)(ii) | |
| Section 17(2)(iii) | |
| Section 17(2)(iv) | |
| Section 17(2)(v) | |
| Section 17(2)(vi) | |
| Section 17(2)(vii)-(xii) | |
| Explanation to section 17(2) | |
| Section 17(3) | |
| Section 18 | |
| Sections 19-22 | |
| Part IV | Time of Presentation |
| Time of Presentation | |
| Section 23A | |
| Section 24 | |
| Section 25 | |
| Section 26 | |
| Section 27 | |
| Part V | Place of Registration |
| Section 28 | |
| Section 40 | |
| Section 29 | |
| Section 30 | |
| Part VI | Of Presenting Documents for Registration |
| Section 31 | |
| Section 32 | |
| Section 33 | |
| Section 34 | |
| Section 35 | |
| Sections 71-77 | |
| Part VII | Of Enforcing The Appearance of Executants and Witnesses |
| Sections 36-39 | |
| Part VIII | Of Presenting wills and Authorities to Adopt |
| Section 40 | |
| Section 41 | |
| Part IX | Of The Deposit of wills |
| Sections 42-46 | |
| Part X | Of The Effects of Registration and Non-Registration |
| Section 47 | |
| Section 48 | |
| Section 49 | |
| Section 50 | |
| Part XI | Of The Duties and Powers of Registering Officers |
| As to the Register-books and Indexes | |
| Section 52 | |
| Section 53 | |
| Section 55 | |
| Section 57 | |
| Section 58-62 | |
| Section 63 | |
| Section 64-67 | |
| Section 68 | |
| Section 69 | |
| Section 70 | |
| Part XII | Of Refusal to Register |
| Section 71-77 | |
| Section 72-73 | |
| Section 74 | |
| Section 75 | |
| Section 77 | |
| Part XIII | Of The Fees for Registration, Searches and Copies |
| Section 78-80 | |
| Part XIV | Of Penalties |
| Sections 81 to 84 | |
| Part XV | Miscellaneous |
| Sections 85-86 | |
| Section 87 | |
| Section 88 | |
| Section 89 | |
| Section 90-91 | |
| Appendix I | Proposals As Inserted In The Body Of The Existing Act |
| Part I | Preliminary |
| 1. | Short title, extent and commencement |
| 2. | Definitions |
| Part II | Registrable Documents |
| 3. | Documents of which registration is compulsory |
| 4. | Documents which registration is optional |
| Part III | Registration |
| Chapter I | Conditions of Admissibility for Registration |
| 5. | Documents in language not understood by registering officer |
| 6. | Documents containing interlineations, blanks, erasures or alterations |
| 7. | Description of property and maps or plans |
| Chapter I | Conditions of Admissibility for Registration |
| 8. | Presentation |
| 9. | Documents executed by several persons at different times |
| 10. | Extension of time for presentation |
| 11. | Documents executed out of India |
| 12-13 | Place of presentation |
| 14. | Presentation at private residence |
| 15. | Persons to present documents for registration |
| 16 and 17. | Powers-of-attorney recognisable for the purposes of section 15 |
| Chapter III | Procedure for Registration |
| 18. | Appearance of parties |
| 19. | Enquiry before registration |
| 20. | Procedure on admission etc |
| 21. | Procedure on denial of execution etc |
| 22. | Procedure before the Registrar |
| 23. | Suit in case of order of refusal by Registrar |
| 24. | Registration of wills and authorities to adopt |
| Chapter IV | Procedure on Admitting to Registration |
| 25. | Copying of the document or memorandum |
| 26. | Particulars to be endorsed on documents admitted to registration |
| 27. | Endorsements to be dated and signed by registering officer |
| 28. | Certificate of registration |
| 29. | Endorsement and certificates to be copied and document returned |
| 30. | Procedure on presenting document in language unknown to registering officer |
| Chapter V | Power to Examine and Enforce The Appearance of Executants and Witnesses |
| 31. | Power to administer oaths and record substance of statement |
| 32. | Procedure where appearance of executant or witness is desired |
| 33. | Officer or Court to issue and cause service of summons |
| 34. | Persons exempt from appearance at registration office |
| 35. | Law as to summonses, commission and witness |
| Chapter VI | Procedure where a Document is Registered at a Place where The whole or Part of the Property is not Situate |
| 36. | Procedure where document relates to land in several sub-districts |
| Chapter VII | Effects of Registration and Non-Registration |
| 37. | Effects of non-registration |
| 38. | Time from which registered document operates |
| 39. | Registered documents relating to property when to take effect against oral agreements |
| 40. | Certain registered documents relating to land to take effect against unregistered documents |
| 41. | Irregularities not affecting validity of registration |
| Part IV | Filing of Documents and Copies in Book 1 |
| 42. | Copies of orders, certificates, documents etc., to be sent to the registering officer |
| Part V | Deposit and Destruction of wills |
| 43. | Deposit of wills |
| 44. | Procedure on deposit of wills |
| 45. | Withdrawal of sealed cover |
| 46. | Proceedings on death of depositor |
| 47. | Saving of certain enactments and powers of courts |
| 48. | Destruction of wills |
| Part VI | Registration Establishment |
| Chapter I | Registration Officers and Registration office Establishment |
| 49. | Inspector-General of Registration |
| 50. | Districts and sub-districts |
| 51. | Registrars and Sub-Registrars and their Offices |
| 52. | Inspectors of Registration Offices |
| 53. | Powers of Inspector-General to superintend registration office |
| 54. | Powers of Registrar to superintend and control Sub-Registrars |
| 55. | Absence of Registrar or vacancy in his office |
| 56. | Absence of Registrar on duty in his district |
| 57. | Absence of Sub-Registrar or vacancy in his office |
| 58. | Reports to State Government of appointments under sections 55, 56 and 57 |
| 59. | Establishments for registering offices |
| 60. | Seal of Registering Officer |
| Chapter II | Register Books and Indexes |
| 61. | Register books to be kept in the several registration offices |
| 62. | Entries to be numbered consecutively |
| 63. | Current indexes and entries therein |
| 64. | Indexes to be made by Registering Offices and their contents |
| 65. | Registering officers to allow inspections of certain books and indexes and to give certified copies of entries |
| Chapter III | Fees for Registration, Searches and Copies |
| 66. | Fees to be fixed by Union Government |
| 67. | Publication of fees |
| 68. | Fees payable on presentation |
| Part VII | Penalties |
| 69. | Penalty for incorrectly endorsing, copying, translating or registering documents, with intent to injure |
| 70. | Penalty for making false statements, delivering false copies or translations, false presentation, and abetment |
| 71. | Registering officer to commence prosecutions |
| 72. | Registering officers to be deemed public servants |
| Part II | Miscellaneous |
| 73. | Registration of documents executed by Government Officers or certain public functionaries |
| 74. | Destruction of unclaimed documents |
| 75. | Registering officer not liable for things bona fide done or refused in his official capacity |
| 76. | Power of State Government to make rules |
| 77. | Exemption of certain documents executed by or in favour of Government |
| 78. | Inspection and copies of such documents |
| Appendix II | Explanatory Notes on Sections of Appendix I |
| Appendix III | Comparative Tables |
| Table A | Showing the sections in the existing act and the corresponding sections in Appendix I |
| Table B | Showing The Sections In Appendix I And The Corresponding Sections In The Existing Act |
| Appendix IV | Suggestions in Respect of other Acts |
| I. | Civil Procedure Code |
| II. | Evidence Act |
| III. | Insolvency Acts |
| IV. | Transfer of Property Act |
| V. | Hindu Law |
| VI. | General Clauses Act |
| I | Registration by Panchayats |
| It has been said in the report | |
| II | Counterpart Of Lease |
| III | Authority to Adopt |
| IV | Representative of Minor |
| V | Section 28: Proposed Section 12 |
| VI | Proposed Section 20 |
| VII | Proposed Section 21 |
| VIII | Sections 48 And 50 (Proposed Sections 39 And 40) |
| IX | Proposed Section 42(2), (3) & (4) |
