THE REGISTRATION ACT, 1908

What is the subject matter of the Registration Act, 1908?

It is an Act to consolidate the enactments relating to the registration of documents.

When was the Registration Act, 1908 enacted?

It was enacted on 18th December, 1908.

What is the Act number of the Registration Act, 1908?

It is Act No. 16 of 1908.

Why was the Registration Act, 1908 enacted?

It was enacted because it was expedient to consolidate the enactments relating to the registration of documents.

What does the preamble of the Registration Act, 1908 state?

It states that it is expedient to consolidate the enactments relating to the registration of documents.

How does the Registration Act, 1908 commence after the preamble?

It commences with the words “it is hereby enacted as follows”.

PART-I

PRELIMINARY

What is the subject matter of Section 1 of the Registration Act, 1908?

Section 1 deals with the short title, extent and commencement of the Act.

What is the short title of the Act under Section 1(1) of the Registration Act, 1908?

This Act may be called the Registration Act, 1908.

To what extent does the Registration Act, 1908 extend under Section 1(2)?

It extends to the whole of India.

What power is given to the State Government under the proviso to Section 1(2) of the Registration Act, 1908?

The State Government may exclude any districts or tracts of country from its operation.

What is the effect of the proviso to Section 1(2) of the Registration Act, 1908?

The State Government may exclude any districts or tracts of country from the operation of the Act.

When did the Registration Act, 1908 come into force under Section 1(3)?

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

What is the subject matter of Section 2 of the Registration Act, 1908?

Section 2 deals with definitions under the Act.

When do the definitions in Section 2 of the Registration Act, 1908 apply?

They apply unless there is anything repugnant in the subject or context.

What does “Addition” mean under Section 2(1) of the Registration Act, 1908?

“Addition” means the place of residence, and the profession, trade, rank and title (if any) of a person described.

What additional particulars are included in “Addition” in the case of an Indian under Section 2(1) of the Registration Act, 1908?

In the case of an Indian, it includes his father’s name.

When is the mother’s name included in “Addition” instead of the father’s name under Section 2(1) of the Registration Act, 1908?

Where he is usually described as the son of his mother, then his mother’s name is included.

What does “Book” include under Section 2(2) of the Registration Act, 1908?

“Book” includes a portion of a book.

What else does “Book” include under Section 2(2) of the Registration Act, 1908?

It also includes any number of sheets connected together with a view of forming a book or portion of a book.

What do “District” and “sub-district” mean under Section 2(3) of the Registration Act, 1908?

They respectively mean a district and sub-district formed under this Act.

What does “District Court” include under Section 2(4) of the Registration Act, 1908?

“District Court” includes the High Court in its ordinary original civil jurisdiction.

What do “Endorsement” and “endorsed” include under Section 2(5) of the Registration Act, 1908?

They include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration under this Act.

What is included in “Immovable Property” under Section 2(6) of the Registration Act, 1908?

“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, or permanently fastened to anything attached to the earth.

Does “Immovable Property” include hereditary allowances under Section 2(6) of the Registration Act, 1908?

Yes, hereditary allowances are included in immovable property.

Do rights to ways, lights, ferries and fisheries fall within “Immovable Property” under Section 2(6) of the Registration Act, 1908?

Yes, rights to ways, lights, ferries and fisheries are included in immovable property.

Are benefits arising out of land included in “Immovable Property” under Section 2(6) of the Registration Act, 1908?

Yes, any other benefit to arise out of land is included in immovable property.

Are things attached to the earth included in “Immovable Property” under Section 2(6) of the Registration Act, 1908?

Yes, things attached to the earth are included in immovable property.

Are things permanently fastened to anything attached to the earth included in “Immovable Property” under Section 2(6) of the Registration Act, 1908?

Yes, things permanently fastened to anything attached to the earth are included in immovable property.

What is excluded from “Immovable Property” under Section 2(6) of the Registration Act, 1908?

Standing timber, growing crops and grass are excluded from immovable property.

What does “India” mean under Section 2(6A) of the Registration Act, 1908?

“India” means the territory of India excluding the State of Jammu and Kashmir.

What does “Lease” include under Section 2(7) of the Registration Act, 1908?

“Lease” includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease.

Does “Lease” include a counterpart under Section 2(7) of the Registration Act, 1908?

Yes, a counterpart is included in lease.

Does “Lease” include a kabuliyat under Section 2(7) of the Registration Act, 1908?

Yes, a kabuliyat is included in lease.

Does “Lease” include an undertaking to cultivate or occupy under Section 2(7) of the Registration Act, 1908?

Yes, an undertaking to cultivate or occupy is included in lease.

Does “Lease” include an agreement to lease under Section 2(7) of the Registration Act, 1908?

Yes, an agreement to lease is included in lease.

Who is a “Minor” under Section 2(8) of the Registration Act, 1908?

“Minor” means a person who, according to the personal law to which he is subject, has not attained majority.

What does “Movable Property” include under Section 2(9) of the Registration Act, 1908?

“Movable Property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property.

Does “Movable Property” include standing timber under Section 2(9) of the Registration Act, 1908?

Yes, standing timber is included in movable property.

Does “Movable Property” include growing crops and grass under Section 2(9) of the Registration Act, 1908?

Yes, growing crops and grass are included in movable property.

Does “Movable Property” include fruit upon and juice in trees under Section 2(9) of the Registration Act, 1908?

Yes, fruit upon and juice in trees are included in movable property.

What is excluded from “Movable Property” under Section 2(9) of the Registration Act, 1908?

Immovable property is excluded from movable property.

What does “Representative” include under Section 2(10) of the Registration Act, 1908?

“Representative” includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

Does “Representative” include the guardian of a minor under Section 2(10) of the Registration Act, 1908?

Yes, the guardian of a minor is included in representative.

Does “Representative” include the committee or other legal curator of a lunatic or idiot under Section 2(10) of the Registration Act, 1908?

Yes, the committee or other legal curator of a lunatic or idiot is included in representative.

PART-II

OF THE REGISTRATION-ESTABLISHMENT

What is the subject matter of Section 3 of the Registration Act?

Section 3 provides for appointment and powers relating to the Inspector-General of Registration.

Who shall appoint an officer to be the Inspector-General of Registration for the territories subject to it under Section 3(1)?

The State Government shall appoint an officer to be the Inspector-General of Registration.

What may the State Government do instead of appointing an Inspector-General of Registration under the proviso to Section 3(1)?

The State Government may direct that all or any powers and duties of the Inspector-General shall be exercised and performed by such officer or officers as it appoints in this behalf.

Within what limits may officers exercise powers and duties of the Inspector-General under the proviso to Section 3(1)?

They shall exercise and perform such powers and duties within such local limits as the State Government appoints in this behalf.

Can the State Government direct exercise of all or only some powers and duties of the Inspector-General under Section 3(1) proviso?

The State Government may direct exercise and performance of all or any of the powers and duties of the Inspector-General.

Can an Inspector-General hold any other office under the Government under Section 3(2)?

Yes, any Inspector-General may hold simultaneously any other office under the Government.

What is the subject matter of Section 4 of the Registration Act?

Section 4 related to Branch Inspector-General of Sindh and stands repealed.

What is the present status of Section 4 of the Registration Act?

Section 4 has been repealed by the Government of India (Adaptation of Indian Laws) Order, 1937.

What is the subject matter of Section 5 of the Registration Act?

Section 5 provides for formation of districts and sub-districts for the purposes of the Act.

Who shall form districts and sub-districts for the purposes of the Act under Section 5(1)?

The State Government shall form districts and sub-districts.

Who prescribes the limits of districts and sub-districts under Section 5(1)?

The State Government shall prescribe the limits of such districts and sub-districts.

Can the limits of districts and sub-districts be altered under Section 5(1)?

Yes, the State Government may alter the limits of such districts and sub-districts.

What must be notified in the Official Gazette under Section 5(2)?

The districts and sub-districts formed under Section 5, together with the limits thereof, and every alteration of such limits, shall be notified in the Official Gazette.

Is notification in the Official Gazette mandatory for districts and sub-districts formed under Section 5?

Yes, the districts and sub-districts formed under Section 5 and their limits must be notified in the Official Gazette.

What must every notification under Section 5(2) include regarding territorial limits?

It must include the limits of the districts and sub-districts and every alteration of such limits.

When does an alteration of limits under Section 5(3) take effect?

Every such alteration shall take effect on such day after the date of the notification as is therein mentioned.

From which date is the effective day of alteration counted under Section 5(3)?

It is counted after the date of the notification.

What is the subject matter of Section 6 of the Registration Act?

Section 6 provides for appointment of Registrars and Sub-Registrars.

Who may appoint Registrars of districts and Sub-Registrars of sub-districts under Section 6?

The State Government may appoint such persons as it thinks proper to be Registrars and Sub-Registrars.

Can persons who are not public officers be appointed as Registrars or Sub-Registrars under Section 6?

Yes, the State Government may appoint such persons, whether public officers or not.

For what territorial units are Registrars appointed under Section 6?

Registrars are appointed for the several districts formed under the Act.

For what territorial units are Sub-Registrars appointed under Section 6?

Sub-Registrars are appointed for the several sub-districts formed under the Act.

What is the criterion for appointment of Registrars and Sub-Registrars under Section 6?

The State Government may appoint such persons as it thinks proper.

What is the subject matter of Section 7 of the Registration Act?

Section 7 provides for offices of Registrar and Sub-Registrar.

What office must the State Government establish in every district under Section 7(1)?

The State Government shall establish in every district an office to be styled the office of the Registrar.

What office or offices must the State Government establish in every sub-district under Section 7(1)?

The State Government shall establish in every sub-district an office or offices to be styled the office of the Sub-Registrar or the offices of the Joint Sub-Registrars.

Is establishment of the office of Registrar in every district mandatory under Section 7(1)?

Yes, the State Government shall establish in every district an office of the Registrar.

Is establishment of office of Sub-Registrar or Joint Sub-Registrars in every sub-district mandatory under Section 7(1)?

Yes, the State Government shall establish in every sub-district an office of the Sub-Registrar or offices of the Joint Sub-Registrars.

Can the State Government amalgamate the office of a Sub-Registrar with the office of a Registrar under Section 7(2)?

Yes, the State Government may amalgamate with any office of a Registrar any office of a Sub-Registrar subordinate to such Registrar.

Which Sub-Registrar’s office can be amalgamated with the office of a Registrar under Section 7(2)?

Only the office of a Sub-Registrar subordinate to such Registrar can be amalgamated.

What additional authority may be conferred on a Sub-Registrar whose office has been amalgamated under Section 7(2)?

The State Government may authorise him to exercise and perform, in addition to his own powers and duties, all or any of the powers and duties of the Registrar to whom he is subordinate.

Can an amalgamated Sub-Registrar exercise all or only some powers of the Registrar under Section 7(2)?

He may be authorised to exercise and perform all or any of the powers and duties of the Registrar.

Does authorisation under Section 7(2) remove the Sub-Registrar’s own powers and duties?

No, he shall exercise and perform the Registrar’s powers and duties in addition to his own powers and duties.

Against whose powers and duties can an amalgamated Sub-Registrar be authorised under Section 7(2)?

He can be authorised in respect of the powers and duties of the Registrar to whom he is subordinate.

What is the limitation contained in the proviso to Section 7(2)?

No such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act.

Can a Sub-Registrar hear an appeal against his own order by virtue of authorisation under Section 7(2)?

No, no such authorisation shall enable him to hear an appeal against an order passed by himself under this Act.

What type of appeal is barred by the proviso to Section 7(2)?

An appeal against an order passed by the Sub-Registrar himself under this Act is barred.

What is the subject matter of Section 8 of the Registration Act, 1908?

Appointment and subordination of Inspectors of Registration offices.

Who may appoint officers to be called Inspectors of Registration offices under Section 8(1) of the Registration Act, 1908?

The State Government may appoint such officers.

What are the officers appointed under Section 8(1) of the Registration Act, 1908 called?

They are called Inspectors of Registration offices.

Who may prescribe the duties of Inspectors of Registration offices under Section 8(1) of the Registration Act, 1908?

The State Government may prescribe the duties of such officers.

To whom is every Inspector of Registration offices subordinate under Section 8(2) of the Registration Act, 1908?

Every such Inspector shall be subordinate to the Inspector-General.

What is the subject matter of Section 9 of the Registration Act, 1908?

Section 9 dealt with military cantonments being declared sub-districts or districts.

What is the present status of Section 9 of the Registration Act, 1908?

Section 9 stands repealed.

By which Act was Section 9 of the Registration Act, 1908 repealed?

It was repealed by the Repealing and Amending Act, 1927 (10 of 1927).

Under which provision of the Repealing and Amending Act, 1927 was Section 9 of the Registration Act, 1908 repealed?

It was repealed by section 3 and the Second Schedule of the Repealing and Amending Act, 1927.

What is the subject matter of Section 10 of the Registration Act, 1908?

Absence of Registrar or vacancy in his office.

When does Section 10(1) of the Registration Act, 1908 apply?

It applies when any Registrar, other than the Registrar of a district including a Presidency-town, is absent otherwise than on duty in his district, or when his office is temporarily vacant.

Which Registrar is excluded from the operation of Section 10(1) of the Registration Act, 1908?

The Registrar of a district including a Presidency-town is excluded.

Who may be the Registrar during absence or temporary vacancy under Section 10(1) of the Registration Act, 1908?

Any person whom the Inspector-General appoints in this behalf, or in default of such appointment, the Judge of the District Court within whose local limits the Registrar’s office is situate.

Who acts as Registrar in default of appointment by the Inspector-General under Section 10(1) of the Registration Act, 1908?

The Judge of the District Court within the local limits of whose jurisdiction the Registrar’s office is situate.

For how long shall the person appointed under Section 10(1) of the Registration Act, 1908 act as Registrar?

During such absence or until the State Government fills up the vacancy.

When does Section 10(2) of the Registration Act, 1908 apply?

It applies when the Registrar of a district including a Presidency-town is absent otherwise than on duty in his district, or when his office is temporarily vacant.

Who may be the Registrar during absence or temporary vacancy under Section 10(2) of the Registration Act, 1908?

Any person whom the Inspector-General appoints in this behalf.

Is the Judge of the District Court authorised to act as Registrar under Section 10(2) of the Registration Act, 1908 in default of appointment?

No, only a person appointed by the Inspector-General shall be the Registrar.

For how long shall the person appointed under Section 10(2) of the Registration Act, 1908 act as Registrar?

During such absence, or until the State Government fills up the vacancy.

What is the subject matter of Section 11 of the Registration Act, 1908?

Absence of Registrar on duty in his district.

When does Section 11 of the Registration Act, 1908 apply?

It applies when any Registrar is absent from his office on duty in his district.

Who may be appointed by the Registrar under Section 11 of the Registration Act, 1908 during his absence on duty?

Any Sub-Registrar or other person in his district.

What may the Registrar authorise the appointee to do under Section 11 of the Registration Act, 1908?

To perform during such absence all the duties of a Registrar except those mentioned in sections 68 and 72.

Which duties cannot be performed by the appointee under Section 11 of the Registration Act, 1908?

The duties mentioned in sections 68 and 72.

What is the subject matter of Section 12 of the Registration Act, 1908?

Absence of Sub-Registrar or vacancy in his office.

When does Section 12 of the Registration Act, 1908 apply?

It applies when any Sub-Registrar is absent, or when his office is temporarily vacant.

Who may appoint a person to act as Sub-Registrar under Section 12 of the Registration Act, 1908?

The Registrar of the district may appoint such person.

Who shall be Sub-Registrar during absence or temporary vacancy under Section 12 of the Registration Act, 1908?

Any person whom the Registrar of the district appoints in this behalf.

For how long shall the person appointed under Section 12 of the Registration Act, 1908 act as Sub-Registrar?

During such absence, or until the vacancy is filled up.

What is the subject matter of Section 13 of the Registration Act, 1908?

Report to State Government of appointments under sections 10, 11 and 12.

Which appointments must be reported under Section 13(1) of the Registration Act, 1908?

All appointments made under section 10, section 11 or section 12.

Who must report appointments under Section 13(1) of the Registration Act, 1908?

The Inspector-General must report them.

To whom must appointments under sections 10, 11 and 12 be reported under Section 13(1) of the Registration Act, 1908?

They shall be reported to the State Government.

In what form shall the report under Section 13(2) of the Registration Act, 1908 be made?

Such report shall be either special or general.

Who directs whether the report under Section 13(2) of the Registration Act, 1908 shall be special or general?

The State Government directs whether the report shall be special or general.

What is the subject matter of Section 14 of the Registration Act, 1908?

Establishments of registering officers.

What is provided under Section 14(2) of the Registration Act, 1908?

The State Government may allow proper establishments for the several offices under this Act.

Who may allow proper establishments for the several offices under the Registration Act, 1908 under Section 14(2)?

The State Government may allow proper establishments.

What is the subject matter of Section 15 of the Registration Act, 1908?

Seal of registering officers.

Who shall use a seal under Section 15 of the Registration Act, 1908?

The several Registrars and Sub-Registrars shall use a seal.

What inscription shall the seal of Registrars and Sub-Registrars bear under Section 15 of the Registration Act, 1908?

It shall bear the inscription “The seal of the Registrar (or of the Sub-Registrar) of”.

In what language shall the seal inscription under Section 15 of the Registration Act, 1908 be made?

In English and in such other language as the State Government directs.

Who directs the other language to be used on the seal under Section 15 of the Registration Act, 1908?

The State Government directs the other language.

What is the subject matter of Section 16 of the Registration Act, 1908?

Register-books and fire-proof boxes.

Who shall provide the books necessary for the purposes of the Act under Section 16(1) of the Registration Act, 1908?

The State Government shall provide for the office of every registering officer the books necessary for the purposes of this Act.

For whose office shall books be provided under Section 16(1) of the Registration Act, 1908?

For the office of every registering officer.

For what purpose are books provided under Section 16(1) of the Registration Act, 1908?

For the purposes of this Act.

What shall the books provided under Section 16(2) of the Registration Act, 1908 contain?

They shall contain the forms from time to time prescribed by the Inspector-General with the sanction of the State Government.

Who prescribes the forms to be contained in the books under Section 16(2) of the Registration Act, 1908?

The Inspector-General prescribes the forms with the sanction of the State Government.

Whose sanction is necessary for prescribing forms under Section 16(2) of the Registration Act, 1908?

The sanction of the State Government is necessary.

How shall the pages of books provided under Section 16(2) of the Registration Act, 1908 be numbered?

The pages of such books shall be consecutively numbered in print.

What must be certified on the title page of each book under Section 16(2) of the Registration Act, 1908?

The number of pages in each book shall be certified on the title page.

Who certifies the number of pages on the title page under Section 16(2) of the Registration Act, 1908?

The officer by whom such books are issued.

What shall the State Government supply to the office of every Registrar under Section 16(3) of the Registration Act, 1908?

The State Government shall supply the office of every Registrar with a fire-proof box.

What additional duty is imposed on the State Government under Section 16(3) of the Registration Act, 1908?

It shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.

For what purpose shall suitable provision be made in each district under Section 16(3) of the Registration Act, 1908?

For the safe custody of the records connected with the registration of documents in such district.

What is the subject matter of Section 16A of the Registration Act, 1908?

Keeping of books in computer floppies, diskettes, etc.

What is the effect of the non-obstante clause in Section 16A(1) of the Registration Act, 1908?

Notwithstanding anything contained in section 16, the books provided under section 16(1) may also be kept in electronic form.

Which books may also be kept in electronic form under Section 16A(1) of the Registration Act, 1908?

The books provided under sub-section (1) of section 16.

In what forms may books be kept under Section 16A(1) of the Registration Act, 1908?

In computer floppies or diskettes or in any other electronic form.

How may books be kept in electronic form under Section 16A(1) of the Registration Act, 1908?

In the manner and subject to the safeguards as may be prescribed by the Inspector-General with the sanction of the State Government.

Who prescribes the manner and safeguards for keeping books in electronic form under Section 16A(1) of the Registration Act, 1908?

The Inspector-General prescribes them with the sanction of the State Government.

Whose sanction is required for prescribing the manner and safeguards under Section 16A(1) of the Registration Act, 1908?

The sanction of the State Government is required.

What is the effect of the non-obstante clause in Section 16A(2) of the Registration Act, 1908?

Notwithstanding anything contained in this Act or in any other law for the time being in force, copies or extracts from books kept electronically shall have statutory recognition.

What may be given by the registering officer under Section 16A(2) of the Registration Act, 1908?

A copy or extracts from the books kept under sub-section (1).

How must the copy or extracts be given under Section 16A(2) of the Registration Act, 1908?

They must be given by the registering officer under his hand and seal.

What is the legal status of a copy or extract given under Section 16A(2) of the Registration Act, 1908?

It shall be deemed to be a copy given under section 57.

For what purpose is a copy or extract deemed to be a copy under section 57 under Section 16A(2) of the Registration Act, 1908?

For the purposes of sub-section (5) of section 57.

PART-III

OF REGISTRABLE DOCUMENTS

What is the subject matter of Section 17 of the Registration Act, 1908?

Documents of which registration is compulsory.

When do the documents mentioned in Section 17(1) of the Registration Act, 1908 require compulsory registration?

They shall be registered if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force.

What is the first condition for compulsory registration under Section 17(1) of the Registration Act, 1908?

The property to which the document relates must be situate in a district in which the relevant Registration Act came or comes into force.

What is the second condition for compulsory registration under Section 17(1) of the Registration Act, 1908?

The document must have been executed on or after the date on which Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act came or comes into force.

Are instruments of gift of immovable property compulsorily registrable under Section 17(1)(a) of the Registration Act, 1908?

Yes, instruments of gift of immovable property shall be registered.

What kind of instruments are covered under Section 17(1)(b) of the Registration Act, 1908?

Other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish any right, title or interest of the value of one hundred rupees and upwards to or in immovable property.

Can the right, title or interest under Section 17(1)(b) of the Registration Act, 1908 be present or future?

Yes, it may be in present or in future.

Can the right, title or interest under Section 17(1)(b) of the Registration Act, 1908 be vested or contingent?

Yes, it may be vested or contingent.

What is the minimum value threshold under Section 17(1)(b) of the Registration Act, 1908?

The right, title or interest must be of the value of one hundred rupees and upwards.

What kind of instruments are covered under Section 17(1)(c) of the Registration Act, 1908?

Non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest.

What does the expression “any such right, title or interest” in Section 17(1)(c) of the Registration Act, 1908 refer to?

It refers to the right, title or interest mentioned in clause (b).

What leases are compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?

Leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent.

Are leases from year to year compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?

Yes, leases from year to year shall be registered.

Are leases for a term exceeding one year compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?

Yes, leases for any term exceeding one year shall be registered.

Are leases reserving a yearly rent compulsorily registrable under Section 17(1)(d) of the Registration Act, 1908?

Yes, leases reserving a yearly rent shall be registered.

What kind of documents are covered under Section 17(1)(e) of the Registration Act, 1908?

Non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish any right, title or interest of the value of one hundred rupees and upwards to or in immovable property.

Can the right, title or interest under Section 17(1)(e) of the Registration Act, 1908 be present or future?

Yes, it may be in present or in future.

Can the right, title or interest under Section 17(1)(e) of the Registration Act, 1908 be vested or contingent?

Yes, it may be vested or contingent.

What is the value threshold under Section 17(1)(e) of the Registration Act, 1908?

The right, title or interest must be of the value of one hundred rupees and upwards.

What power is conferred on the State Government by the proviso to Section 17(1) of the Registration Act, 1908?

The State Government may, by order published in the Official Gazette, exempt from the operation of sub-section (1) any lease executed in any district or part of a district satisfying the prescribed conditions.

How must the exemption under the proviso to Section 17(1) of the Registration Act, 1908 be made?

It must be by order published in the Official Gazette.

What type of lease may be exempted under the proviso to Section 17(1) of the Registration Act, 1908?

Any lease executed in any district or part of a district, the terms granted by which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.

What is the maximum term of lease for exemption under the proviso to Section 17(1) of the Registration Act, 1908?

The terms granted must not exceed five years.

What is the maximum annual rent for exemption under the proviso to Section 17(1) of the Registration Act, 1908?

The annual rent reserved must not exceed fifty rupees.

What is the subject matter of Section 17(1A) of the Registration Act, 1908?

Compulsory registration of documents containing contracts to transfer for consideration any immovable property for the purposes of section 53A of the Transfer of Property Act, 1882.

Which documents are compulsorily registrable under Section 17(1A) of the Registration Act, 1908?

Documents containing contracts to transfer for consideration any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882.

For what purpose are the documents under Section 17(1A) of the Registration Act, 1908 required to be registered?

For the purpose of section 53A of the Transfer of Property Act, 1882.

When do documents under Section 17(1A) of the Registration Act, 1908 require registration?

They shall be registered if they have been executed on or after the commencement of the Registration and Other Related Laws (Amendment) Act, 2001 (48 of 2001).

What is the consequence of non-registration of documents under Section 17(1A) of the Registration Act, 1908 executed on or after the commencement of the 2001 Amendment Act?

They shall have no effect for the purposes of section 53A of the Transfer of Property Act, 1882.

What is the effect of Section 17(1A) of the Registration Act, 1908 on section 53A of the Transfer of Property Act, 1882?

An unregistered document executed on or after the commencement of the 2001 Amendment Act shall have no effect for the purposes of section 53A.

What is the effect of Section 17(2) of the Registration Act, 1908?

Nothing in clauses (b) and (c) of sub-section (1) applies to the documents specified therein.

To which clauses of Section 17(1) does Section 17(2) of the Registration Act, 1908 apply?

It applies to clauses (b) and (c) of sub-section (1).

Is a composition deed exempt from clauses (b) and (c) of Section 17(1) under Section 17(2)(i) of the Registration Act, 1908?

Yes, any composition deed is exempt.

Is an instrument relating to shares in a joint stock company exempt under Section 17(2)(ii) of the Registration Act, 1908?

Yes, any instrument relating to shares in a joint stock company is exempt.

Does the exemption under Section 17(2)(ii) of the Registration Act, 1908 apply even if the company’s assets consist wholly or partly of immovable property?

Yes, it applies notwithstanding that the assets of such company consist in whole or in part of immovable property.

Is any debenture issued by a joint stock company exempt under Section 17(2)(iii) of the Registration Act, 1908?

Yes, if it does not itself create, declare, assign, limit or extinguish any right, title or interest to or in immovable property except to the extent specified.

What is the exception to the exemption under Section 17(2)(iii) of the Registration Act, 1908?

The debenture may entitle the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures.

To whom may the company transfer its immovable property under the exception in Section 17(2)(iii) of the Registration Act, 1908?

To trustees upon trust for the benefit of the holders of such debentures.

Is any endorsement upon or transfer of a debenture issued by such company exempt under Section 17(2)(iv) of the Registration Act, 1908?

Yes, any endorsement upon or transfer of any such debenture is exempt.

Which document is exempt under Section 17(2)(v) of the Registration Act, 1908?

Any document other than the documents specified in sub-section (1A) not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest.

Are documents specified in Section 17(1A) covered by the exemption under Section 17(2)(v) of the Registration Act, 1908?

No, documents specified in sub-section (1A) are excluded from this exemption.

What is the nature of a document exempt under Section 17(2)(v) of the Registration Act, 1908?

It does not itself create, declare, assign, limit or extinguish the right, title or interest, but merely creates a right to obtain another document which will do so when executed.

What is the value threshold mentioned in Section 17(2)(v) of the Registration Act, 1908?

The right, title or interest referred to is of the value of one hundred rupees and upwards.

Is any decree or order of a Court exempt under Section 17(2)(vi) of the Registration Act, 1908?

Yes, any decree or order of a Court is exempt except as provided in the exception.

What is the exception to the exemption under Section 17(2)(vi) of the Registration Act, 1908?

A decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding is not exempt.

When does a compromise decree or order require registration under Section 17(2)(vi) of the Registration Act, 1908?

When it comprises immovable property other than that which is the subject-matter of the suit or proceeding.

Is any grant of immovable property by Government exempt under Section 17(2)(vii) of the Registration Act, 1908?

Yes, any grant of immovable property by Government is exempt.

Is any instrument of partition made by a Revenue-Officer exempt under Section 17(2)(viii) of the Registration Act, 1908?

Yes, any instrument of partition made by a Revenue-Officer is exempt.

Is any order granting a loan or instrument of collateral security under the Land Improvement Act, 1871 or the Land Improvement Loans Act, 1883 exempt under Section 17(2)(ix) of the Registration Act, 1908?

Yes, such order or instrument is exempt.

Is any order granting a loan under the Agriculturists’ Loans Act, 1884 exempt under Section 17(2)(x) of the Registration Act, 1908?

Yes, any such order is exempt.

Is any instrument for securing repayment of a loan made under the Agriculturists’ Loans Act, 1884 exempt under Section 17(2)(x) of the Registration Act, 1908?

Yes, any such instrument is exempt.

Is any order under the Charitable Endowments Act, 1890 vesting or divesting property in a Treasurer of Charitable Endowments exempt under Section 17(2)(xa) of the Registration Act, 1908?

Yes, any such order is exempt.

What orders are covered under Section 17(2)(xa) of the Registration Act, 1908?

Any order made under the Charitable Endowments Act, 1890, vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property.

Is an endorsement on a mortgage-deed acknowledging payment of mortgage-money exempt under Section 17(2)(xi) of the Registration Act, 1908?

Yes, any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money is exempt.

Is any other receipt for payment of money due under a mortgage exempt under Section 17(2)(xi) of the Registration Act, 1908?

Yes, when the receipt does not purport to extinguish the mortgage.

When is a receipt for payment of money due under a mortgage exempt under Section 17(2)(xi) of the Registration Act, 1908?

When the receipt does not purport to extinguish the mortgage.

Is a certificate of sale granted to the purchaser of property sold by public auction by a Civil or Revenue-Officer exempt under Section 17(2)(xii) of the Registration Act, 1908?

Yes, such certificate of sale is exempt.

To whom must the certificate of sale under Section 17(2)(xii) of the Registration Act, 1908 be granted?

To the purchaser of the property sold by public auction.

By whom must the public auction under Section 17(2)(xii) of the Registration Act, 1908 be conducted?

By a Civil or Revenue-Officer.

What is the effect of the Explanation to Section 17(2) of the Registration Act, 1908?

A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration merely because it contains a recital of payment of earnest money or purchase money.

Does a recital of payment of earnest money make a contract for sale of immovable property compulsorily registrable under the Explanation to Section 17(2) of the Registration Act, 1908?

No, it shall not be deemed to require or ever to have required registration by reason only of such recital.

Does a recital of payment of the whole or part of the purchase money make a contract for sale of immovable property compulsorily registrable under the Explanation to Section 17(2) of the Registration Act, 1908?

No, it shall not be deemed to require or ever to have required registration by reason only of such recital.

What is the subject matter of Section 17(3) of the Registration Act, 1908?

Compulsory registration of authorities to adopt a son.

Which authorities must be registered under Section 17(3) of the Registration Act, 1908?

Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will.

What are the conditions for compulsory registration of an authority to adopt a son under Section 17(3) of the Registration Act, 1908?

It must be executed after the 1st day of January, 1872, and must not be conferred by a will.

Are authorities to adopt a son conferred by a will compulsorily registrable under Section 17(3) of the Registration Act, 1908?

No, only authorities not conferred by a will shall also be registered.

From which date does Section 17(3) of the Registration Act, 1908 apply to authorities to adopt a son?

It applies to authorities executed after the 1st day of January, 1872.

What is the subject matter of Section 18 of the Registration Act, 1908?

Documents of which registration is optional.

What is the effect of Section 18 of the Registration Act, 1908?

Any of the documents specified therein may be registered under this Act.

Are the documents mentioned in Section 18 of the Registration Act, 1908 compulsorily registrable?

No, they may be registered under this Act.

What instruments are covered under Section 18(a) of the Registration Act, 1908?

Instruments other than instruments of gift and wills which purport or operate to create, declare, assign, limit or extinguish any right, title or interest of a value less than one hundred rupees to or in immovable property.

Are instruments of gift covered under Section 18(a) of the Registration Act, 1908?

No, instruments of gift are excluded.

Are wills covered under Section 18(a) of the Registration Act, 1908?

No, wills are excluded.

Can the right, title or interest under Section 18(a) of the Registration Act, 1908 be in present or in future?

Yes, it may be in present or in future.

Can the right, title or interest under Section 18(a) of the Registration Act, 1908 be vested or contingent?

Yes, it may be vested or contingent.

What is the value threshold under Section 18(a) of the Registration Act, 1908?

The right, title or interest must be of a value less than one hundred rupees.

What kind of instruments are covered under Section 18(b) of the Registration Act, 1908?

Instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest.

What does the expression “any such right, title or interest” in Section 18(b) of the Registration Act, 1908 refer to?

It refers to the right, title or interest mentioned in clause (a).

What leases are optionally registrable under Section 18(c) of the Registration Act, 1908?

Leases of immovable property for any term not exceeding one year, and leases exempted under section 17.

Are leases for a term not exceeding one year optionally registrable under Section 18(c) of the Registration Act, 1908?

Yes, such leases may be registered.

Are leases exempted under section 17 optionally registrable under Section 18(c) of the Registration Act, 1908?

Yes, such leases may be registered.

What documents are covered under Section 18(cc) of the Registration Act, 1908?

Instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish any right, title or interest of a value less than one hundred rupees to or in immovable property.

Can the right, title or interest under Section 18(cc) of the Registration Act, 1908 be in present or in future?

Yes, it may be in present or in future.

Can the right, title or interest under Section 18(cc) of the Registration Act, 1908 be vested or contingent?

Yes, it may be vested or contingent.

What is the value threshold under Section 18(cc) of the Registration Act, 1908?

The right, title or interest must be of a value less than one hundred rupees.

What instruments are covered under Section 18(d) of the Registration Act, 1908?

Instruments other than wills which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property.

Are wills covered under Section 18(d) of the Registration Act, 1908?

No, wills are excluded.

What documents are covered under Section 18(e) of the Registration Act, 1908?

Wills.

Are wills optionally registrable under Section 18(e) of the Registration Act, 1908?

Yes, wills may be registered.

What documents are covered under Section 18(f) of the Registration Act, 1908?

All other documents not required by section 17 to be registered.

What is the residuary category under Section 18 of the Registration Act, 1908?

All other documents not required by section 17 to be registered.

What is the subject matter of Section 19 of the Registration Act, 1908?

Documents in language not understood by registering officer.

When may the registering officer refuse registration under Section 19 of the Registration Act, 1908?

When a document duly presented for registration is in a language which the registering officer does not understand and which is not commonly used in the district.

What are the two conditions for refusal under Section 19 of the Registration Act, 1908?

The document must be in a language which the registering officer does not understand and which is not commonly used in the district.

Can a document in an unknown language be registered under Section 19 of the Registration Act, 1908?

Yes, if it is accompanied by a true translation into a language commonly used in the district and also by a true copy.

What must accompany a document under Section 19 of the Registration Act, 1908 if it is in a language not understood by the registering officer and not commonly used in the district?

A true translation into a language commonly used in the district and also a true copy.

Into what language must the translation under Section 19 of the Registration Act, 1908 be made?

Into a language commonly used in the district.

What is the subject matter of Section 20 of the Registration Act, 1908?

Documents containing interlineations, blanks, erasures or alterations.

When may the registering officer refuse to accept a document for registration under Section 20(1) of the Registration Act, 1908?

He may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears.

What is the exception to refusal under Section 20(1) of the Registration Act, 1908?

The document may be accepted if the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.

Who must attest the interlineation, blank, erasure or alteration under Section 20(1) of the Registration Act, 1908?

The persons executing the document.

How must the interlineation, blank, erasure or alteration be attested under Section 20(1) of the Registration Act, 1908?

With the signatures or initials of the persons executing the document.

Is refusal under Section 20(1) of the Registration Act, 1908 mandatory or discretionary?

It is discretionary.

What is the duty of the registering officer under Section 20(2) of the Registration Act, 1908 if he registers such document?

He shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

When must the note under Section 20(2) of the Registration Act, 1908 be made?

At the time of registering the document.

Where must the registering officer make the note under Section 20(2) of the Registration Act, 1908?

In the register.

What must the note under Section 20(2) of the Registration Act, 1908 mention?

It must mention such interlineation, blank, erasure or alteration.

What is the subject matter of Section 21 of the Registration Act, 1908?

Description of property and maps or plans.

What is the rule under Section 21(1) of the Registration Act, 1908 regarding non-testamentary documents relating to immovable property?

No such document shall be accepted for registration unless it contains a description of the property sufficient to identify the same.

What must a non-testamentary document relating to immovable property contain under Section 21(1) of the Registration Act, 1908?

A description of the property sufficient to identify the same.

How must houses in towns be described under Section 21(2) of the Registration Act, 1908?

As situate on the north or other side of the street or road to which they front, by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

What street-related detail must be mentioned for houses in towns under Section 21(2) of the Registration Act, 1908?

The street or road to which they front should be specified.

On which side of the street or road must houses in towns be described under Section 21(2) of the Registration Act, 1908?

As situate on the north or other side of the street or road.

By what occupancies must houses in towns be described under Section 21(2) of the Registration Act, 1908?

By their existing and former occupancies.

When must house numbers be mentioned under Section 21(2) of the Registration Act, 1908?

If the houses in such street or road are numbered.

How shall other houses and lands be described under Section 21(3) of the Registration Act, 1908?

By their name, if any, as being in the territorial division in which they are situate, by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and whenever practicable by reference to a Government map or survey.

Must the name of other houses and lands be mentioned under Section 21(3) of the Registration Act, 1908?

Yes, by their name, if any.

What territorial detail is required for other houses and lands under Section 21(3) of the Registration Act, 1908?

They shall be described as being in the territorial division in which they are situate.

What measurement detail is required for other houses and lands under Section 21(3) of the Registration Act, 1908?

Their superficial contents.

What boundary detail is required for other houses and lands under Section 21(3) of the Registration Act, 1908?

The roads and other properties on to which they abut.

What occupancy detail is required for other houses and lands under Section 21(3) of the Registration Act, 1908?

Their existing occupancies.

When should reference to a Government map or survey be made under Section 21(3) of the Registration Act, 1908?

Whenever it is practicable.

When shall a non-testamentary document containing a map or plan of property not be accepted for registration under Section 21(4) of the Registration Act, 1908?

Unless it is accompanied by a true copy of the map or plan, or where the property is situate in several districts, by as many true copies as the number of such districts.

What must accompany a non-testamentary document containing a map or plan under Section 21(4) of the Registration Act, 1908?

A true copy of the map or plan.

What additional requirement applies if the property is situate in several districts under Section 21(4) of the Registration Act, 1908?

It must be accompanied by such number of true copies of the map or plan as are equal to the number of such districts.

How many true copies of the map or plan are required when the property is situate in several districts under Section 21(4) of the Registration Act, 1908?

Such number of true copies as are equal to the number of such districts.

What is the subject matter of Section 22 of the Registration Act, 1908?

Description of houses and land by reference to Government maps or surveys.

When may the State Government act under Section 22(1) of the Registration Act, 1908?

Where it is, in the opinion of the State Government, practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey.

Whose opinion is relevant for the applicability of Section 22(1) of the Registration Act, 1908?

The opinion of the State Government.

Which houses are covered under Section 22(1) of the Registration Act, 1908?

Houses not being houses in towns.

What other property is covered under Section 22(1) of the Registration Act, 1908?

Lands.

By what means may houses and lands be required to be described under Section 22(1) of the Registration Act, 1908?

By reference to a Government map or survey.

What power is conferred on the State Government under Section 22(1) of the Registration Act, 1908?

The State Government may, by rule made under this Act, require that such houses and lands shall, for the purposes of section 21, be so described.

How must the State Government exercise its power under Section 22(1) of the Registration Act, 1908?

By rule made under this Act.

For what purpose may the State Government require description by Government map or survey under Section 22(1) of the Registration Act, 1908?

For the purposes of section 21.

What is the effect of Section 22(2) of the Registration Act, 1908?

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

What is the saving clause in Section 22(2) of the Registration Act, 1908?

Save as otherwise provided by any rule made under sub-section (1).

Failure to comply with which provisions is dealt with in Section 22(2) of the Registration Act, 1908?

Failure to comply with the provisions of section 21, sub-section (2) or sub-section (3).

Does failure to comply with section 21(2) or section 21(3) automatically disentitle a document to registration under Section 22(2) of the Registration Act, 1908?

No, it shall not disentitle a document to be registered if the description is sufficient to identify the property.

What is the condition for registration despite non-compliance under Section 22(2) of the Registration Act, 1908?

The description of the property to which the document relates must be sufficient to identify that property.

What kind of sufficiency is required under Section 22(2) of the Registration Act, 1908?

The description of the property must be sufficient to identify that property.

PART-IV

OF THE TIME OF PRESENTATION

What is the subject matter of Section 23 of the Registration Act, 1908?

Time for presenting documents.

To which provisions is Section 23 of the Registration Act, 1908 subject?

It is subject to the provisions contained in sections 24, 25 and 26.

What is the general rule under Section 23 of the Registration Act, 1908 regarding presentation of documents?

No document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution.

Which document is excluded from the general time limit under Section 23 of the Registration Act, 1908?

A will.

Within what time must a document other than a will be presented under Section 23 of the Registration Act, 1908?

Within four months from the date of its execution.

To whom must a document be presented under Section 23 of the Registration Act, 1908?

To the proper officer.

For what purpose must a document be presented under Section 23 of the Registration Act, 1908?

For registration.

What does the proviso to Section 23 of the Registration Act, 1908 deal with?

Presentation of a copy of a decree or order.

Within what time may a copy of a decree or order be presented under the proviso to Section 23 of the Registration Act, 1908?

Within four months from the day on which the decree or order was made.

What is the time limit for presenting an appealable decree or order under the proviso to Section 23 of the Registration Act, 1908?

Within four months from the day on which it becomes final.

From which date is the limitation counted for a non-appealable decree or order under the proviso to Section 23 of the Registration Act, 1908?

From the day on which the decree or order was made.

From which date is the limitation counted for an appealable decree or order under the proviso to Section 23 of the Registration Act, 1908?

From the day on which it becomes final.

What is the subject matter of Section 23A of the Registration Act, 1908?

Re-registration of certain documents.

What is the effect of the non-obstante clause in Section 23A of the Registration Act, 1908?

Notwithstanding anything to the contrary contained in this Act, certain documents may be re-registered.

When does Section 23A of the Registration Act, 1908 apply?

It applies where a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same and has been registered.

What is the defect contemplated under Section 23A of the Registration Act, 1908?

The document was accepted for registration from a person not duly empowered to present the same.

Who may seek re-registration under Section 23A of the Registration Act, 1908?

Any person claiming under such document.

Within what time may a person claiming under the document seek re-registration under Section 23A of the Registration Act, 1908?

Within four months from his first becoming aware that the registration of such document is invalid.

From what point does limitation run under Section 23A of the Registration Act, 1908?

From the claimant’s first becoming aware that the registration of such document is invalid.

Where must the document be presented for re-registration under Section 23A of the Registration Act, 1908?

In the office of the Registrar of the district in which the document was originally registered.

In accordance with which provisions must re-registration under Section 23A of the Registration Act, 1908 be sought?

In accordance with the provisions of Part VI.

Who may present the document for re-registration under Section 23A of the Registration Act, 1908?

Any person claiming under such document may present such document or cause the same to be presented.

What must the Registrar be satisfied about before re-registration under Section 23A of the Registration Act, 1908?

That the document was accepted for registration from a person not duly empowered to present the same.

What shall the Registrar do upon being satisfied under Section 23A of the Registration Act, 1908?

He shall proceed to the re-registration of the document.

How shall the Registrar proceed with re-registration under Section 23A of the Registration Act, 1908?

As if it had not been previously registered.

How is the presentation for re-registration treated under Section 23A of the Registration Act, 1908?

As if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV.

Which provisions apply to re-registration under Section 23A of the Registration Act, 1908?

All the provisions of this Act as to registration of documents shall apply to such re-registration.

What is the legal effect of due re-registration under Section 23A of the Registration Act, 1908?

The document shall be deemed to have been duly registered for all purposes from the date of its original registration.

From which date does a duly re-registered document operate under Section 23A of the Registration Act, 1908?

From the date of its original registration.

What is the subject matter of the proviso to Section 23A of the Registration Act, 1908?

Special time-limit for re-registration of existing documents.

What special benefit is given by the proviso to Section 23A of the Registration Act, 1908?

Within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present it for re-registration whatever may have been the time when he first became aware that the registration was invalid.

Within what time could a person claim the benefit of the proviso to Section 23A of the Registration Act, 1908?

Within three months from the twelfth day of September, 1917.

Does the proviso to Section 23A of the Registration Act, 1908 disregard the date of first knowledge of invalidity?

Yes, re-registration may be sought whatever may have been the time when he first became aware that the registration was invalid.

What is the subject matter of Section 24 of the Registration Act, 1908?

Documents executed by several persons at different times.

When does Section 24 of the Registration Act, 1908 apply?

Where there are several persons executing a document at different times.

Can a document executed by several persons at different times be presented for registration under Section 24 of the Registration Act, 1908?

Yes, such document may be presented for registration within four months from the date of each execution.

Can a document executed by several persons at different times be presented for re-registration under Section 24 of the Registration Act, 1908?

Yes, such document may be presented for re-registration within four months from the date of each execution.

Within what time may a document executed by several persons at different times be presented under Section 24 of the Registration Act, 1908?

Within four months from the date of each execution.

What is the subject matter of Section 25 of the Registration Act, 1908?

Provision where delay in presentation is unavoidable.

When does Section 25(1) of the Registration Act, 1908 apply?

When, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in India is not presented for registration till after the expiration of the time prescribed.

What are the grounds for condonation of delay under Section 25(1) of the Registration Act, 1908?

Urgent necessity or unavoidable accident.

Which documents are covered under Section 25(1) of the Registration Act, 1908?

Any document executed, or copy of a decree or order made, in India.

Who may condone delay under Section 25(1) of the Registration Act, 1908?

The Registrar may direct acceptance for registration.

What is the maximum period of delay that may be condoned under Section 25(1) of the Registration Act, 1908?

The delay in presentation must not exceed four months.

What may the Registrar direct under Section 25(1) of the Registration Act, 1908?

That on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.

What is the maximum fine under Section 25(1) of the Registration Act, 1908?

A fine not exceeding ten times the amount of the proper registration-fee.

What is the condition precedent for acceptance under Section 25(1) of the Registration Act, 1908?

Payment of a fine not exceeding ten times the amount of the proper registration-fee.

Can a delayed document be accepted for registration under Section 25(1) of the Registration Act, 1908 if the delay exceeds four months?

No, the Registrar may act only where the delay does not exceed four months.

What is the subject matter of Section 25(2) of the Registration Act, 1908?

Lodging of application for direction regarding delayed presentation.

Where may an application under Section 25(2) of the Registration Act, 1908 be lodged?

It may be lodged with a Sub-Registrar.

What must the Sub-Registrar do with an application lodged under Section 25(2) of the Registration Act, 1908?

He shall forthwith forward it to the Registrar to whom he is subordinate.

To whom must the Sub-Registrar forward the application under Section 25(2) of the Registration Act, 1908?

To the Registrar to whom he is subordinate.

How quickly must the Sub-Registrar forward the application under Section 25(2) of the Registration Act, 1908?

Forthwith.

What is the subject matter of Section 26 of the Registration Act, 1908?

Documents executed out of India.

When does Section 26 of the Registration Act, 1908 apply?

When a document purporting to have been executed by all or any of the parties out of India is not presented for registration till after the expiration of the time prescribed.

What kind of documents are covered under Section 26 of the Registration Act, 1908?

Documents purporting to have been executed by all or any of the parties out of India.

Can Section 26 of the Registration Act, 1908 apply if only some of the parties executed the document out of India?

Yes, it applies if all or any of the parties executed it out of India.

Who may accept a delayed foreign-executed document for registration under Section 26 of the Registration Act, 1908?

The registering officer may accept such document for registration.

What must the registering officer be satisfied about under Section 26(a) of the Registration Act, 1908?

That the instrument was so executed.

What does the expression “so executed” in Section 26(a) of the Registration Act, 1908 mean?

It means that the instrument was executed out of India by all or any of the parties.

What is the second condition under Section 26(b) of the Registration Act, 1908 for acceptance of a delayed foreign-executed document?

That it has been presented for registration within four months after its arrival in India.

Within what time must a document executed out of India be presented under Section 26(b) of the Registration Act, 1908?

Within four months after its arrival in India.

What is the fee condition under Section 26 of the Registration Act, 1908?

Payment of the proper registration-fee.

Can a document executed out of India be accepted for registration after the prescribed time under Section 26 of the Registration Act, 1908?

Yes, if the registering officer is satisfied as to execution out of India and timely presentation within four months of arrival in India, and the proper registration-fee is paid.

PART-V

OF THE PLACE OF REGISTRATION

What is the subject matter of Section 27 of the Registration Act, 1908?

Wills may be presented or deposited at any time.

Can a will be presented for registration at any time under Section 27 of the Registration Act, 1908?

Yes, a will may at any time be presented for registration.

Can a will be deposited at any time under Section 27 of the Registration Act, 1908?

Yes, a will may at any time be deposited in manner hereinafter provided.

In what manner may a will be deposited under Section 27 of the Registration Act, 1908?

In manner hereinafter provided.

What is the subject matter of Section 28 of the Registration Act, 1908?

Place for registering documents relating to land.

What is the general rule under Section 28 of the Registration Act, 1908?

Save as in this Part otherwise provided, every specified document relating to immovable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property is situate.

What is the saving clause in Section 28 of the Registration Act, 1908?

The rule applies save as in this Part otherwise provided.

Which documents under Section 17(1) are covered by Section 28 of the Registration Act, 1908?

Documents mentioned in Section 17(1)(a), (b), (c), (d) and (e).

Does Section 28 of the Registration Act, 1908 apply to documents under Section 17(2)?

Yes, insofar as such document affects immovable property.

What is the condition for applying Section 28 of the Registration Act, 1908 to Section 17(2) documents?

The document must affect immovable property.

Which optional documents under Section 18 are covered by Section 28 of the Registration Act, 1908?

Documents mentioned in Section 18 clauses (a), (b), (c) and (cc).

Where must documents covered by Section 28 of the Registration Act, 1908 be presented for registration?

In the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

Can a document relating to immovable property be registered where only part of the property is situated under Section 28 of the Registration Act, 1908?

Yes, registration may be made where some portion of the property is situate.

Is it necessary under Section 28 of the Registration Act, 1908 that the whole property be within one sub-district?

No, it is sufficient if the whole or some portion of the property is within the sub-district.

What is the essence of Section 28 of the Registration Act, 1908?

Documents affecting immovable property must ordinarily be registered in the local sub-district where the whole or part of the property is situated.

What is the subject matter of Section 29 of the Registration Act, 1908?

Place for registering other documents.

What is the subject matter of Section 29(1) of the Registration Act, 1908?

Place for registering documents other than those referred to in Section 28 or copies of decrees or orders.

Which documents are excluded from Section 29(1) of the Registration Act, 1908?

Documents referred to in Section 28 and copies of decrees or orders.

What is the general rule under Section 29(1) of the Registration Act, 1908?

Every document not being a document referred to in Section 28 or a copy of a decree or order may be presented for registration in specified offices.

Where may a document under Section 29(1) of the Registration Act, 1908 be presented for registration?

Either in the office of the Sub-Registrar in whose sub-district the document was executed, or in the office of any other Sub-Registrar under the State Government at which all the persons executing and claiming under the document desire the same to be registered.

Can a document under Section 29(1) of the Registration Act, 1908 be registered in the sub-district where it was executed?

Yes, it may be presented in the office of the Sub-Registrar in whose sub-district the document was executed.

Can a document under Section 29(1) of the Registration Act, 1908 be registered before any other Sub-Registrar under the State Government?

Yes, if all the persons executing and claiming under the document desire the same to be registered there.

What is the consent requirement under Section 29(1) of the Registration Act, 1908 for registration before another Sub-Registrar?

All the persons executing and claiming under the document must desire the same to be registered there.

What is the subject matter of Section 29(2) of the Registration Act, 1908?

Place for registering a copy of a decree or order.

Where may a copy of a decree or order be presented for registration under Section 29(2) of the Registration Act, 1908?

In the office of the Sub-Registrar in whose sub-district the original decree or order was made.

What is the alternative place of registration under Section 29(2) of the Registration Act, 1908 when the decree or order does not affect immovable property?

In the office of any Sub-Registrar under the State Government at which all the persons claiming under the decree or order desire the copy to be registered.

What is the condition for alternative registration of a copy of decree or order under Section 29(2) of the Registration Act, 1908?

The decree or order must not affect immovable property.

What is the consent requirement under Section 29(2) of the Registration Act, 1908 for alternative registration of a copy of decree or order?

All the persons claiming under the decree or order must desire the copy to be registered there.

What is the subject matter of Section 30 of the Registration Act, 1908?

Registration by Registrars in certain cases.

What is the rule under Section 30(1) of the Registration Act, 1908?

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

Who is empowered under Section 30(1) of the Registration Act, 1908?

Any Registrar.

Is the power under Section 30(1) of the Registration Act, 1908 mandatory or discretionary?

It is discretionary.

What documents may a Registrar receive and register under Section 30(1) of the Registration Act, 1908?

Any document which might be registered by any Sub-Registrar subordinate to him.

Can a Registrar exercise power over documents registrable by subordinate Sub-Registrars under Section 30(1) of the Registration Act, 1908?

Yes, any Registrar may in his discretion receive and register such documents.

What is the status of the omitted portion shown by asterisks after Section 30(1) of the Registration Act, 1908?

The omitted portion stands repealed/omitted and is not part of the operative text extracted here.

What is the subject matter of Section 31 of the Registration Act, 1908?

Registration or acceptance for deposit at private residence.

What is the general rule under Section 31 of the Registration Act, 1908?

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

Where should registration ordinarily take place under Section 31 of the Registration Act, 1908?

Only at the office of the officer authorised to accept the document for registration or deposit.

Does Section 31 of the Registration Act, 1908 apply to deposit of wills also?

Yes, it applies to deposit of documents, including deposit of a will.

What is the proviso to Section 31 of the Registration Act, 1908?

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

When may the authorised officer attend a private residence under Section 31 of the Registration Act, 1908?

On special cause being shown.

Whose residence may the authorised officer attend under the proviso to Section 31 of the Registration Act, 1908?

The residence of any person desiring to present a document for registration or to deposit a will.

Can a document be accepted for registration at a private residence under Section 31 of the Registration Act, 1908?

Yes, on special cause being shown, the authorised officer may attend the residence and accept the document for registration.

Can a will be accepted for deposit at a private residence under Section 31 of the Registration Act, 1908?

Yes, on special cause being shown, the authorised officer may attend the residence and accept the will for deposit.

What is the essence of Section 31 of the Registration Act, 1908?

Registration or deposit is ordinarily office-based, but on special cause the authorised officer may attend a private residence to accept a document for registration or a will for deposit.

PART-VI

OF PRESENTING DOCUMENTS FOR REGISTRATION

What is the subject matter of Section 32 of the Registration Act, 1908?

Persons to present documents for registration.

What is the overriding clause in Section 32 of the Registration Act, 1908?

Except in the cases mentioned in Sections 31, 88 and 89.

To which documents does Section 32 of the Registration Act, 1908 apply?

Every document to be registered under this Act, whether such registration be compulsory or optional.

Where must every document under Section 32 of the Registration Act, 1908 be presented?

At the proper registration-office.

Does Section 32 of the Registration Act, 1908 apply to both compulsory and optional registration?

Yes, it applies whether such registration be compulsory or optional.

Who may present a document under Section 32(a) of the Registration Act, 1908?

Some person executing or claiming under the same.

Who may present a copy of a decree or order under Section 32(a) of the Registration Act, 1908?

Some person claiming under the decree or order.

Can a person merely claiming under the document present it under Section 32(a) of the Registration Act, 1908?

Yes, some person claiming under the document may present it.

Can an executant present the document under Section 32(a) of the Registration Act, 1908?

Yes, some person executing the document may present it.

Who may present a document under Section 32(b) of the Registration Act, 1908?

The representative or assign of a person executing or claiming under the document.

Can a representative present a document under Section 32(b) of the Registration Act, 1908?

Yes, the representative of such a person may present it.

Can an assign present a document under Section 32(b) of the Registration Act, 1908?

Yes, the assign of such a person may present it.

Who may present a document under Section 32(c) of the Registration Act, 1908?

The agent of such person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned.

What is the condition for presentation by an agent under Section 32(c) of the Registration Act, 1908?

The agent must be duly authorised by power-of-attorney executed and authenticated in the manner hereinafter mentioned.

Can an agent present a document under Section 32(c) of the Registration Act, 1908 without proper power-of-attorney?

No, the agent must be duly authorised by power-of-attorney executed and authenticated as required.

What is the essence of Section 32 of the Registration Act, 1908?

A document must be presented at the proper registration-office by the executant, claimant, their representative or assign, or a duly authorised agent, subject to Sections 31, 88 and 89.

What is the subject matter of Section 32A of the Registration Act, 1908?

Compulsory affixing of photograph, etc.

What is the rule under Section 32A of the Registration Act, 1908?

Every person presenting any document at the proper registration office under Section 32 shall affix his passport size photograph and fingerprints to the document.

To whom does Section 32A of the Registration Act, 1908 apply?

Every person presenting any document at the proper registration office under Section 32.

What must the presenter affix under Section 32A of the Registration Act, 1908?

His passport size photograph and fingerprints.

Where must the photograph and fingerprints be affixed under Section 32A of the Registration Act, 1908?

To the document.

Is affixing photograph and fingerprints mandatory under Section 32A of the Registration Act, 1908?

Yes, it is compulsory.

What is the proviso to Section 32A of the Registration Act, 1908?

Where the document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller mentioned in the document shall also be affixed to the document.

When does the proviso to Section 32A of the Registration Act, 1908 apply?

Where the document relates to the transfer of ownership of immovable property.

Whose photographs and fingerprints are additionally required under the proviso to Section 32A of the Registration Act, 1908?

Each buyer and seller of such property mentioned in the document.

Is the additional requirement under the proviso to Section 32A of the Registration Act, 1908 limited to immovable property transfers?

Yes, it applies where the document relates to transfer of ownership of immovable property.

Must every buyer and seller mentioned in an immovable property transfer document comply under Section 32A proviso of the Registration Act, 1908?

Yes, the passport size photograph and fingerprints of each buyer and seller mentioned in the document shall also be affixed.

What is the essence of Section 32A of the Registration Act, 1908?

The presenter must affix photograph and fingerprints, and in transfers of ownership of immovable property, each buyer and seller mentioned in the document must also affix photograph and fingerprints.

What is the subject matter of Section 33 of the Registration Act, 1908?

Power-of-attorney recognisable for purposes of Section 32.

For what purpose does Section 33 of the Registration Act, 1908 operate?

It specifies which powers-of-attorney alone shall be recognised for the purposes of Section 32.

What is the rule under Section 33(1) of the Registration Act, 1908?

For the purposes of Section 32, only the powers-of-attorney specified in Section 33(1) shall be recognised.

Are all powers-of-attorney recognised under Section 33 of the Registration Act, 1908?

No, only the powers-of-attorney specified in Section 33(1) shall be recognised.

What is the subject matter of Section 33(1)(a) of the Registration Act, 1908?

Power-of-attorney where the principal resides in a part of India where the Act is in force.

When does Section 33(1)(a) of the Registration Act, 1908 apply?

When the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is for the time being in force.

What power-of-attorney is recognised under Section 33(1)(a) of the Registration Act, 1908?

A power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides.

Before whom must the power-of-attorney be executed under Section 33(1)(a) of the Registration Act, 1908?

Before the Registrar or Sub-Registrar within whose district or sub-district the principal resides.

Who must authenticate the power-of-attorney under Section 33(1)(a) of the Registration Act, 1908?

The Registrar or Sub-Registrar within whose district or sub-district the principal resides.

What is the subject matter of Section 33(1)(b) of the Registration Act, 1908?

Power-of-attorney where the principal resides in a part of India where the Act is not in force.

When does Section 33(1)(b) of the Registration Act, 1908 apply?

When the principal at the time of executing the power-of-attorney resides in any part of India in which this Act is not in force.

What power-of-attorney is recognised under Section 33(1)(b) of the Registration Act, 1908?

A power-of-attorney executed before and authenticated by any Magistrate.

Before whom must the power-of-attorney be executed under Section 33(1)(b) of the Registration Act, 1908?

Before any Magistrate.

Who must authenticate the power-of-attorney under Section 33(1)(b) of the Registration Act, 1908?

Any Magistrate.

What is the subject matter of Section 33(1)(c) of the Registration Act, 1908?

Power-of-attorney where the principal does not reside in India.

When does Section 33(1)(c) of the Registration Act, 1908 apply?

When the principal at the time of executing the power-of-attorney does not reside in India.

What power-of-attorney is recognised under Section 33(1)(c) of the Registration Act, 1908?

A power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government.

Who may authenticate a power-of-attorney under Section 33(1)(c) of the Registration Act, 1908?

A Notary Public, or any Court, Judge, Magistrate, Indian Consul or Vice-Consul, or representative of the Central Government.

Can a power-of-attorney executed outside India be authenticated by a Notary Public under Section 33(1)(c) of the Registration Act, 1908?

Yes, if the principal does not reside in India, a power-of-attorney executed before and authenticated by a Notary Public is recognised.

Can a power-of-attorney executed outside India be authenticated by an Indian Consul or Vice-Consul under Section 33(1)(c) of the Registration Act, 1908?

Yes, if the principal does not reside in India, such authentication is recognised.

What is the proviso to Section 33(1) of the Registration Act, 1908?

Certain persons are not required to attend at any registration-office or Court for executing a power-of-attorney under clauses (a) and (b).

To which clauses does the proviso to Section 33(1) of the Registration Act, 1908 apply?

It applies to powers-of-attorney mentioned in clauses (a) and (b) of Section 33(1).

Who are exempt from personal attendance under proviso (i) to Section 33(1) of the Registration Act, 1908?

Persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend.

Who are exempt from personal attendance under proviso (ii) to Section 33(1) of the Registration Act, 1908?

Persons who are in jail under civil or criminal process.

Who are exempt from personal attendance under proviso (iii) to Section 33(1) of the Registration Act, 1908?

Persons exempt by law from personal appearance in court.

Does bodily infirmity exempt personal attendance under Section 33 proviso of the Registration Act, 1908?

Yes, where attendance would involve risk or serious inconvenience.

Does imprisonment under civil or criminal process exempt personal attendance under Section 33 proviso of the Registration Act, 1908?

Yes, persons in jail under civil or criminal process need not attend personally.

Does legal exemption from court appearance also exempt personal attendance under Section 33 proviso of the Registration Act, 1908?

Yes, persons exempt by law from personal appearance in court need not attend.

What does the Explanation to Section 33(1) of the Registration Act, 1908 provide?

In this sub-section, “India” means India as defined in Section 3(28) of the General Clauses Act, 1897.

What is the subject matter of Section 33(2) of the Registration Act, 1908?

Attestation without personal attendance in case of exempted persons.

Who may attest the power-of-attorney under Section 33(2) of the Registration Act, 1908?

The Registrar or Sub-Registrar or Magistrate, as the case may be.

What is the condition for attestation under Section 33(2) of the Registration Act, 1908?

The officer must be satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal.

Can the officer attest without personal attendance under Section 33(2) of the Registration Act, 1908?

Yes, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal.

What is the subject matter of Section 33(3) of the Registration Act, 1908?

Mode of obtaining evidence of voluntary execution.

How may the officer obtain evidence of voluntary execution under Section 33(3) of the Registration Act, 1908?

He may himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.

Can the Registrar or Magistrate visit the principal’s house under Section 33(3) of the Registration Act, 1908?

Yes, he may go to the house of the person purporting to be the principal and examine him.

Can the Registrar or Magistrate visit the jail under Section 33(3) of the Registration Act, 1908?

Yes, he may go to the jail in which the person is confined and examine him.

Can a commission be issued under Section 33(3) of the Registration Act, 1908?

Yes, a commission may be issued for the examination of the person purporting to be the principal.

What is the subject matter of Section 33(4) of the Registration Act, 1908?

Proof of recognised power-of-attorney.

How may a power-of-attorney under Section 33 be proved under Section 33(4) of the Registration Act, 1908?

By production of it without further proof.

What is the condition for dispensing with further proof under Section 33(4) of the Registration Act, 1908?

It must purport on the face of it to have been executed before and authenticated by the person or Court mentioned in that behalf.

Does Section 33(4) of the Registration Act, 1908 create a rule of presumptive proof?

Yes, the power-of-attorney may be proved by mere production without further proof if it facially shows due execution and authentication before the authorised person or Court.

What is the essence of Section 33 of the Registration Act, 1908?

Only specified duly executed and authenticated powers-of-attorney are recognisable for presentation through an agent, with special relaxation for exempted principals and simplified proof by production.

What is the subject matter of Section 34 of the Registration Act, 1908?

Enquiry before registration by registering officer.

What is the controlling clause in Section 34(1) of the Registration Act, 1908?

Subject to the provisions contained in this Part and in Sections 41, 43, 45, 69, 75, 77, 88 and 89.

What is the general rule under Section 34(1) of the Registration Act, 1908?

No document shall be registered unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under Sections 23, 24, 25 and 26.

Who must appear before the registering officer under Section 34(1) of the Registration Act, 1908?

The persons executing the document, or their representatives, assigns or duly authorised agents.

Within what time must appearance be made under Section 34(1) of the Registration Act, 1908?

Within the time allowed for presentation under Sections 23, 24, 25 and 26.

Can a document be registered without appearance under Section 34(1) of the Registration Act, 1908?

No, unless covered by the applicable exceptions and special provisions.

Does Section 34(1) of the Registration Act, 1908 require personal appearance of executants or authorised substitutes?

Yes, the executants or their representatives, assigns or authorised agents must appear before the registering officer.

What is the proviso to Section 34(1) of the Registration Act, 1908?

If owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar may, where the delay in appearing does not exceed four months, direct registration on payment of prescribed fine.

What are the grounds for condonation of delayed appearance under the proviso to Section 34(1) of the Registration Act, 1908?

Urgent necessity or unavoidable accident.

Who may condone delay in appearance under the proviso to Section 34(1) of the Registration Act, 1908?

The Registrar.

What is the maximum delay in appearance that may be condoned under the proviso to Section 34(1) of the Registration Act, 1908?

Delay in appearing must not exceed four months.

What may the Registrar direct under the proviso to Section 34(1) of the Registration Act, 1908?

That on payment 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.

What is the maximum fine for delayed appearance under the proviso to Section 34(1) of the Registration Act, 1908?

A fine not exceeding ten times the amount of the proper registration fee.

Is the fine under the proviso to Section 34(1) of the Registration Act, 1908 independent of the fine under Section 25?

Yes, it is in addition to the fine, if any, payable under Section 25.

What is the subject matter of Section 34(2) of the Registration Act, 1908?

Mode of appearances before the registering officer.

Can appearances under Section 34(1) of the Registration Act, 1908 be simultaneous?

Yes, appearances may be simultaneous.

Can appearances under Section 34(1) of the Registration Act, 1908 be at different times?

Yes, appearances may be at different times.

What is the subject matter of Section 34(3) of the Registration Act, 1908?

Enquiry to be conducted by the registering officer.

What is the first duty of the registering officer under Section 34(3)(a) of the Registration Act, 1908?

To enquire whether or not the document was executed by the persons by whom it purports to have been executed.

What is the second duty of the registering officer under Section 34(3)(b) of the Registration Act, 1908?

To satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document.

What is the third duty of the registering officer under Section 34(3)(c) of the Registration Act, 1908?

In the case of any person appearing as a representative, assign or agent, to satisfy himself of the right of such person so to appear.

Does Section 34(3)(a) of the Registration Act, 1908 require inquiry into execution?

Yes, the registering officer must enquire whether the document was executed by the persons by whom it purports to have been executed.

Does Section 34(3)(b) of the Registration Act, 1908 require proof of identity?

Yes, the registering officer must satisfy himself as to the identity of the persons appearing before him.

Does Section 34(3)(c) of the Registration Act, 1908 require verification of authority of representatives, assigns or agents?

Yes, the registering officer must satisfy himself of the right of such person so to appear.

What is the subject matter of Section 34(4) of the Registration Act, 1908?

Lodging of application for direction regarding delayed appearance.

Where may an application under Section 34(4) of the Registration Act, 1908 be lodged?

It may be lodged with a Sub-Registrar.

What must the Sub-Registrar do with an application under Section 34(4) of the Registration Act, 1908?

He shall forthwith forward it to the Registrar to whom he is subordinate.

To whom must the Sub-Registrar forward the application under Section 34(4) of the Registration Act, 1908?

To the Registrar to whom he is subordinate.

How quickly must the Sub-Registrar forward the application under Section 34(4) of the Registration Act, 1908?

Forthwith.

What is the subject matter of Section 34(5) of the Registration Act, 1908?

Exclusion of copies of decrees or orders.

Does Section 34 of the Registration Act, 1908 apply to copies of decrees or orders?

No, nothing in this section applies to copies of decrees or orders.

What is the essence of Section 34 of the Registration Act, 1908?

Registration generally requires timely appearance of executants or authorised substitutes, subject to limited condonation, followed by inquiry into execution, identity and authority.

What is the subject matter of Section 35 of the Registration Act, 1908?

Procedure on admission and denial of execution respectively.

What is the subject matter of Section 35(1)(a) of the Registration Act, 1908?

Registration where all executants appear and admit execution.

What are the conditions under Section 35(1)(a) of the Registration Act, 1908 for registration?

All persons executing the document appear personally before the registering officer, are personally known to him or he is otherwise satisfied of their identity, and they all admit execution of the document.

What must the registering officer do under Section 35(1)(a) of the Registration Act, 1908 if all executants appear and admit execution?

He shall register the document as directed in Sections 58 to 61 inclusive.

Is personal knowledge of executants by the registering officer necessary under Section 35(1)(a) of the Registration Act, 1908?

No, if he is otherwise satisfied that they are the persons they represent themselves to be.

What is the subject matter of Section 35(1)(b) of the Registration Act, 1908?

Registration where execution is admitted by representative, assign or agent.

What is the rule under Section 35(1)(b) of the Registration Act, 1908?

If in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, the registering officer shall register the document.

What must the registering officer do under Section 35(1)(b) of the Registration Act, 1908?

He shall register the document as directed in Sections 58 to 61 inclusive.

What is the subject matter of Section 35(1)(c) of the Registration Act, 1908?

Registration where executant is dead and representative or assign admits execution.

What is the rule under Section 35(1)(c) of the Registration Act, 1908?

If the person executing the document is dead, and his representative or assign appears before the registering officer and admits execution, the registering officer shall register the document.

What must the registering officer do under Section 35(1)(c) of the Registration Act, 1908?

He shall register the document as directed in Sections 58 to 61 inclusive.

What is the consequence under Section 35(1) of the Registration Act, 1908 when execution is duly admitted?

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

What is the subject matter of Section 35(2) of the Registration Act, 1908?

Power to examine persons present in office.

What power is conferred by Section 35(2) of the Registration Act, 1908?

The registering officer may examine any one present in his office.

For what purposes may the registering officer examine any person under Section 35(2) of the Registration Act, 1908?

To satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act.

Can the registering officer examine any person present in his office under Section 35(2) of the Registration Act, 1908?

Yes, he may examine any one present in his office.

What is the subject matter of Section 35(3)(a) of the Registration Act, 1908?

Refusal where executant denies execution.

When must the registering officer refuse registration under Section 35(3)(a) of the Registration Act, 1908?

If any person by whom the document purports to be executed denies its execution.

What is the subject matter of Section 35(3)(b) of the Registration Act, 1908?

Refusal where executant appears to be under incapacity.

When must the registering officer refuse registration under Section 35(3)(b) of the Registration Act, 1908?

If any person by whom the document purports to be executed appears to the registering officer to be a minor, an idiot or a lunatic.

What is the subject matter of Section 35(3)(c) of the Registration Act, 1908?

Refusal where deceased executant’s representative or assign denies execution.

When must the registering officer refuse registration under Section 35(3)(c) of the Registration Act, 1908?

If any person by whom the document purports to be executed is dead, and his representative or assign denies its execution.

What is the consequence under Section 35(3) of the Registration Act, 1908 when denial or incapacity exists?

The registering officer shall refuse to register the document as to the person so denying, appearing or dead.

Is refusal under Section 35(3) of the Registration Act, 1908 total or person-specific?

The registering officer shall refuse to register the document as to the person so denying, appearing or dead.

What is the first proviso to Section 35(3) of the Registration Act, 1908?

Where such officer is a Registrar, he shall follow the procedure prescribed in Part XII.

When does the first proviso to Section 35(3) of the Registration Act, 1908 apply?

When the officer refusing registration is a Registrar.

What must a Registrar do under the first proviso to Section 35(3) of the Registration Act, 1908?

He shall follow the procedure prescribed in Part XII.

What is the second proviso to Section 35(3) of the Registration Act, 1908?

The State Government may by notification in the Official Gazette declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.

What power is conferred on the State Government by the second proviso to Section 35(3) of the Registration Act, 1908?

It may by notification in the Official Gazette declare a named Sub-Registrar to be deemed a Registrar in respect of documents whose execution is denied.

For what limited purpose can a Sub-Registrar be deemed a Registrar under the second proviso to Section 35(3) of the Registration Act, 1908?

In respect of documents the execution of which is denied, for the purposes of Section 35(3) and Part XII.

What is the essence of Section 35 of the Registration Act, 1908?

Admission of execution leads to registration, while denial of execution, apparent incapacity, or denial by representative of a deceased executant leads to refusal, subject to the special Part XII procedure

PART VII

OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

What is the subject matter of Section 36 of the Registration Act, 1908?

Procedure where appearance of executant or witness is desired.

Who may invoke Section 36 of the Registration Act, 1908?

Any person presenting any document for registration or claiming under any document which is capable of being so presented.

When does Section 36 of the Registration Act, 1908 apply?

When the person presenting a document for registration or claiming under a document desires the appearance of any person whose presence or testimony is necessary for registration.

Whose appearance may be sought under Section 36 of the Registration Act, 1908?

Any person whose presence or testimony is necessary for the registration of the document.

Is the power under Section 36 of the Registration Act, 1908 mandatory or discretionary?

It is discretionary.

What may the registering officer do under Section 36 of the Registration Act, 1908?

He may call upon such officer or Court as the State Government directs to issue a summons requiring the person to appear at the registration office.

Who determines the officer or Court for issuing summons under Section 36 of the Registration Act, 1908?

The State Government directs the officer or Court in this behalf.

What is the mode of appearance that may be required under Section 36 of the Registration Act, 1908?

The person may be required to appear at the registration office either in person or by duly authorised agent, as mentioned in the summons.

Can a person be summoned through an authorised agent under Section 36 of the Registration Act, 1908?

Yes, the summons may require appearance either in person or by duly authorised agent.

What must the summons under Section 36 of the Registration Act, 1908 specify?

It must require appearance at the registration office and mention whether appearance is in person or by duly authorised agent and the time named therein.

What is the essence of Section 36 of the Registration Act, 1908?

On request of a presenter or claimant, the registering officer may cause summons to issue for any necessary executant or witness to appear for registration.

What is the subject matter of Section 37 of the Registration Act, 1908?

Officer or Court to issue and cause service of summons.

What triggers action under Section 37 of the Registration Act, 1908?

Receipt of the peon’s fee payable in such cases.

What must the officer or Court do under Section 37 of the Registration Act, 1908 upon receipt of peon’s fee?

It shall issue the summons accordingly and cause it to be served upon the person whose appearance is required.

Is issuance of summons under Section 37 of the Registration Act, 1908 discretionary after receipt of peon’s fee?

No, the officer or Court shall issue the summons accordingly.

Who must be served under Section 37 of the Registration Act, 1908?

The person whose appearance is so required.

What is the essence of Section 37 of the Registration Act, 1908?

On receipt of the peon’s fee, the designated officer or Court must issue and serve the summons on the required person.

What is the subject matter of Section 38 of the Registration Act, 1908?

Persons exempt from appearance at registration-office.

Who is exempt under Section 38(1)(a) of the Registration Act, 1908?

A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration-office.

Who is exempt under Section 38(1)(b) of the Registration Act, 1908?

A person in jail under civil or criminal process.

Who is exempt under Section 38(1)(c) of the Registration Act, 1908?

A person exempt by law from personal appearance in Court.

What is the effect of Section 38(1) of the Registration Act, 1908?

Such persons who would otherwise be required to appear in person at the registration-office shall not be required so to appear.

Does bodily infirmity exempt personal appearance under Section 38(1)(a) of the Registration Act, 1908?

Yes, if appearance would involve risk or serious inconvenience.

Does imprisonment under civil or criminal process exempt appearance under Section 38(1)(b) of the Registration Act, 1908?

Yes, a person in jail under civil or criminal process is exempt.

Does legal exemption from court appearance also exempt appearance at registration-office under Section 38(1)(c) of the Registration Act, 1908?

Yes, a person exempt by law from personal appearance in Court is exempt.

What is the subject matter of Section 38(2) of the Registration Act, 1908?

Procedure for examining exempt persons.

What must the registering officer do under Section 38(2) of the Registration Act, 1908 in case of an exempt person?

He shall either himself go to the house of such person, or to the jail in which he is confined, and examine him or issue a commission for his examination.

Can the registering officer visit the exempt person’s house under Section 38(2) of the Registration Act, 1908?

Yes, he shall either go to the house of such person and examine him or issue a commission.

Can the registering officer visit the jail under Section 38(2) of the Registration Act, 1908?

Yes, he shall either go to the jail in which the person is confined and examine him or issue a commission.

Can a commission be issued under Section 38(2) of the Registration Act, 1908?

Yes, the registering officer may issue a commission for the examination of the exempt person.

Is the duty under Section 38(2) of the Registration Act, 1908 mandatory?

Yes, the registering officer shall either personally examine the exempt person at his house or jail, or issue a commission.

What is the essence of Section 38 of the Registration Act, 1908?

Certain infirm, imprisoned or legally exempt persons need not attend the registration office personally, and the registering officer must instead examine them at home, in jail, or through commission.

What is the subject matter of Section 39 of the Registration Act, 1908?

Law as to summonses, commissions and witnesses.

What law applies under Section 39 of the Registration Act, 1908 to summonses and commissions under the Act?

The law in force for the time being as to summonses, commissions and compelling attendance of witnesses, and for their remuneration in suits before Civil Courts.

To what extent does civil court procedure apply under Section 39 of the Registration Act, 1908?

Save as aforesaid and mutatis mutandis, it applies to any summons or commission issued and any person summoned to appear under the Act.

Does Section 39 of the Registration Act, 1908 apply to witness remuneration also?

Yes, the law regarding remuneration of witnesses in suits before Civil Courts applies mutatis mutandis.

What does “mutatis mutandis” signify in Section 39 of the Registration Act, 1908?

The civil court law on summonses, commissions and witnesses applies with necessary modifications to proceedings under the Act.

What is the essence of Section 39 of the Registration Act, 1908?

Civil court rules on summonses, commissions, witness attendance and remuneration apply, with necessary modifications, to registration proceedings under the Act.

PART VIII

OF PRESENTING WILLS AND AUTHORITIES TO ADOPT

What is the subject matter of Section 40 of the Registration Act, 1908?

Section 40 deals with persons entitled to present wills and authorities to adopt for registration.

Who may present a will for registration under Section 40(1)?

The testator may present the will for registration.

Who may present a will for registration after the death of the testator under Section 40(1)?

Any person claiming as executor or otherwise under a will may present it for registration after the death of the testator.

Before whom may a will be presented for registration under Section 40(1)?

A will may be presented to any Registrar or Sub-Registrar for registration.

What is the subject matter of Section 40(2) of the Registration Act, 1908?

Section 40(2) specifies the persons entitled to present an authority to adopt for registration.

Who may present an authority to adopt for registration under Section 40(2)?

The donor may present the authority to adopt for registration.

Who may present an authority to adopt for registration after the death of the donor under Section 40(2)?

After the death of the donor, the donee may present the authority to adopt for registration.

Who else may present an authority to adopt for registration under Section 40(2)?

The adoptive son may also present the authority to adopt for registration.

Before whom may an authority to adopt be presented for registration under Section 40(2)?

It may be presented to any Registrar or Sub-Registrar for registration.

What is the subject matter of Section 41 of the Registration Act, 1908?

Section 41 deals with registration of wills and authorities to adopt.

How may a will presented by the testator for registration be registered under Section 41(1)?

A will presented by the testator may be registered in the same manner as any other document.

How may an authority to adopt presented by the donor for registration be registered under Section 41(1)?

An authority to adopt presented by the donor may be registered in the same manner as any other document.

What is the rule under Section 41(1) when a will or authority to adopt is presented by the testator or donor?

It may be registered in the same manner as any other document.

When shall a will or authority to adopt presented by any person other than the testator or donor be registered under Section 41(2)?

It shall be registered if the registering officer is satisfied of the matters specified in clauses (a), (b) and (c).

What must the registering officer be satisfied of under Section 41(2)(a)?

The registering officer must be satisfied that the will or authority was executed by the testator or donor, as the case may be.

What must the registering officer be satisfied of under Section 41(2)(b)?

The registering officer must be satisfied that the testator or donor is dead.

What must the registering officer be satisfied of under Section 41(2)(c)?

The registering officer must be satisfied that the person presenting the will or authority is, under Section 40, entitled to present the same.

Can a will or authority to adopt presented by any other entitled person be registered without proof of execution under Section 41(2)?

No, the registering officer must be satisfied that it was executed by the testator or donor.

Can a will or authority to adopt presented by any other entitled person be registered unless the death of the testator or donor is established under Section 41(2)?

No, the registering officer must be satisfied that the testator or donor is dead.

Can a will or authority to adopt presented by any other person be registered if such person is not entitled under Section 40?

No, it shall be registered only if the registering officer is satisfied that the person is entitled under Section 40 to present the same.

PART IX

OF THE DEPOSIT OF WILLS

What is the subject matter of Section 42 of the Registration Act, 1908?

Section 42 deals with deposit of wills.

Who may deposit a will under Section 42?

Any testator may deposit his will under Section 42.

Can a testator deposit his will through an agent under Section 42?

Yes, a testator may deposit his will either personally or by duly authorised agent.

With whom may a will be deposited under Section 42?

A will may be deposited with any Registrar.

In what condition must a will be deposited under Section 42?

The will must be deposited in a sealed cover.

What must be superscribed on the sealed cover under Section 42?

The sealed cover must be superscribed with the name of the testator and that of his agent, if any.

What statement must be on the sealed cover under Section 42?

The sealed cover must contain a statement of the nature of the document.

What is the subject matter of Section 43 of the Registration Act, 1908?

Section 43 deals with procedure on deposit of wills.

What must the Registrar first be satisfied of under Section 43(1)?

The Registrar must be satisfied that the person presenting the cover for deposit is the testator or his agent.

What shall the Registrar do on receiving the sealed cover under Section 43(1)?

The Registrar shall transcribe in his Register-book No. 5 the superscription on the cover.

In which register shall the Registrar transcribe the superscription under Section 43(1)?

The Registrar shall transcribe the superscription in Register-book No. 5.

What particulars shall the Registrar note in Register-book No. 5 under Section 43(1)?

The Registrar shall note the year, month, day and hour of presentation and receipt, the names of persons testifying to the identity of the testator or his agent, and any legible inscription on the seal of the cover.

What particulars shall the Registrar note on the sealed cover under Section 43(1)?

The Registrar shall note on the cover the year, month, day and hour of presentation and receipt.

Whose names shall the Registrar note under Section 43(1) if available?

The Registrar shall note the names of any persons who may testify to the identity of the testator or his agent.

What inscription on the seal must be noted by the Registrar under Section 43(1)?

Any legible inscription which may be on the seal of the cover must be noted.

Where shall the Registrar place the sealed cover after making entries under Section 43(2)?

The Registrar shall place the sealed cover in his fire-proof box.

What shall the Registrar do with the sealed cover after placing it in the fire-proof box under Section 43(2)?

The Registrar shall retain the sealed cover in his fire-proof box.

What is the subject matter of Section 44 of the Registration Act, 1908?

Section 44 deals with withdrawal of sealed cover deposited under Section 42.

Who may withdraw the sealed cover deposited under Section 42 under Section 44?

The testator who has deposited the sealed cover may withdraw it.

How may the testator apply for withdrawal of the sealed cover under Section 44?

The testator may apply either personally or by duly authorised agent.

To whom must the application for withdrawal be made under Section 44?

The application must be made to the Registrar who holds the sealed cover in deposit.

What must the Registrar be satisfied of before returning the sealed cover under Section 44?

The Registrar must be satisfied that the applicant is actually the testator or his agent.

What shall the Registrar do if satisfied under Section 44?

The Registrar shall deliver the sealed cover accordingly.

What is the subject matter of Section 45 of the Registration Act, 1908?

Section 45 deals with proceedings on death of depositor.

When can an application be made to open the sealed cover under Section 45(1)?

An application may be made on the death of a testator who has deposited a sealed cover under Section 42.

To whom must the application to open the sealed cover be made under Section 45(1)?

The application must be made to the Registrar who holds the sealed cover in deposit.

What must the Registrar be satisfied of before opening the sealed cover under Section 45(1)?

The Registrar must be satisfied that the testator is dead.

In whose presence shall the Registrar open the sealed cover under Section 45(1)?

The Registrar shall open the sealed cover in the applicant's presence.

What shall the Registrar do after opening the sealed cover under Section 45(1)?

The Registrar shall, at the applicant's expense, cause the contents thereof to be copied into his Book No. 3.

At whose expense shall the contents of the will be copied under Section 45(1)?

The contents shall be copied at the applicant's expense.

Into which book shall the contents of the will be copied under Section 45(1)?

The contents shall be copied into the Registrar's Book No. 3.

What shall the Registrar do after the copy has been made under Section 45(2)?

The Registrar shall re-deposit the original will.

Is the original will retained outside deposit after copying under Section 45(2)?

No, the Registrar shall re-deposit the original will.

What is the subject matter of Section 46 of the Registration Act, 1908?

Section 46 deals with saving of certain enactments and powers of Courts.

What does Section 46(1) save notwithstanding anything contained earlier in the Act?

Nothing hereinbefore contained shall affect certain enactments and the power of any Court to compel production of any will.

Which provision of the Indian Succession Act, 1865 is saved by Section 46(1)?

Section 259 of the Indian Succession Act, 1865 is saved.

Which provision of the Probate and Administration Act, 1881 is saved by Section 46(1)?

Section 81 of the Probate and Administration Act, 1881 is saved.

What power of the Court is expressly saved by Section 46(1)?

The power of any Court by order to compel the production of any will is expressly saved.

What is the effect of a Court order compelling production of a will under Section 46(2)?

The Registrar shall, unless the will has been already copied under Section 45, open the cover and cause the will to be copied into his Book No. 3.

When is the Registrar not required to open the cover on a Court order under Section 46(2)?

The Registrar need not open the cover if the will has been already copied under Section 45.

Into which book shall the Registrar copy the will under Section 46(2)?

The Registrar shall cause the will to be copied into his Book No. 3.

What note must the Registrar make on the copy under Section 46(2)?

The Registrar shall make a note on the copy that the original has been removed into Court in pursuance of the order.

What must the note on the copy state under Section 46(2)?

It must state that the original has been removed into Court in pursuance of the order aforesaid.

PART X

OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION

What is the subject matter of Section 47 of the Registration Act, 1908?

Section 47 deals with the time from which a registered document operates.

From what time does a registered document operate under Section 47?

A registered document operates from the time which it would have commenced to operate if no registration thereof had been required or made.

Does a registered document operate from the time of its registration under Section 47?

No, it operates not from the time of its registration.

What is the principle embodied in Section 47 regarding commencement of operation of a registered document?

Registration relates back to the time when the document would have commenced to operate if registration had not been required or made.

What is the subject matter of Section 48 of the Registration Act, 1908?

Section 48 deals with when registered documents relating to property take effect against oral agreements.

Which documents are covered by Section 48?

All non-testamentary documents duly registered under this Act and relating to any property, whether movable or immovable, are covered.

Against what do registered non-testamentary documents take effect under Section 48?

They take effect against any oral agreement or declaration relating to such property.

Do registered non-testamentary documents under Section 48 relate only to immovable property?

No, they relate to any property, whether movable or immovable.

What is the general rule under Section 48 regarding oral agreements or declarations?

Registered non-testamentary documents relating to property take effect against any oral agreement or declaration relating to such property.

What is the exception to Section 48 in favour of an oral agreement or declaration?

The exception applies where the agreement or declaration has been accompanied or followed by delivery of possession and the same constitutes a valid transfer under any law for the time being in force.

What two conditions must be fulfilled for the exception under Section 48 to apply?

The agreement or declaration must be accompanied or followed by delivery of possession and must constitute a valid transfer under the law for the time being in force.

What is the proviso to Section 48 regarding mortgages?

A mortgage as defined in Section 58 of the Transfer of Property Act, 1882, shall take effect against any mortgage-deed subsequently executed and registered relating to the same property.

Which mortgage is referred to in the proviso to Section 48?

A mortgage as defined in Section 58 of the Transfer of Property Act, 1882.

Against what does such mortgage take effect under the proviso to Section 48?

It takes effect against any mortgage-deed subsequently executed and registered which relates to the same property.

What is the subject matter of Section 49 of the Registration Act, 1908?

Section 49 deals with the effect of non-registration of documents required to be registered.

Which documents are covered by Section 49?

Documents required by Section 17 or by any provision of the Transfer of Property Act, 1882, to be registered are covered.

What is the effect of non-registration under Section 49(a)?

Such document shall not affect any immovable property comprised therein.

What is the effect of non-registration under Section 49(b)?

Such document shall not confer any power to adopt.

What is the evidentiary bar under Section 49(c)?

Such document shall not be received as evidence of any transaction affecting such property or conferring such power.

When do the disabilities under Section 49 apply?

They apply unless the document has been registered.

Can an unregistered document required to be registered affect immovable property under Section 49(a)?

No, it shall not affect any immovable property comprised therein unless it has been registered.

Can an unregistered document required to be registered confer a power to adopt under Section 49(b)?

No, it shall not confer any power to adopt unless it has been registered.

Can an unregistered document required to be registered be received in evidence of a transaction affecting immovable property under Section 49(c)?

No, it shall not be received as evidence of such transaction unless it has been registered.

What is the proviso to Section 49 regarding unregistered documents affecting immovable property?

Such unregistered document may be received as evidence of a contract in a suit for specific performance or as evidence of any collateral transaction not required to be effected by registered instrument.

Can an unregistered document affecting immovable property be received as evidence in a suit for specific performance under the proviso to Section 49?

Yes, it may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877.

Under which enactment is the suit for specific performance referred to in the proviso to Section 49?

It is a suit for specific performance under Chapter II of the Specific Relief Act, 1877.

Can an unregistered document be received as evidence of a collateral transaction under the proviso to Section 49?

Yes, it may be received as evidence of any collateral transaction not required to be effected by registered instrument.

What limitation applies to collateral transactions under the proviso to Section 49?

The collateral transaction must not be one required to be effected by registered instrument.

What is the subject matter of Section 50 of the Registration Act, 1908?

Section 50 deals with certain registered documents relating to land taking effect against unregistered documents.

Which registered documents are covered by Section 50(1)?

Every document of the kinds mentioned in clauses (a), (b), (c) and (d) of Section 17(1), and clauses (a) and (b) of Section 18, if duly registered, is covered.

What is the condition precedent for applicability of Section 50(1)?

The document must be duly registered.

Against what documents does a duly registered document take effect under Section 50(1)?

It takes effect, as regards the property comprised therein, against every unregistered document relating to the same property and not being a decree or order.

Must the unregistered document relate to the same property for Section 50(1) to apply?

Yes, the unregistered document must relate to the same property.

Does Section 50(1) apply against decrees or orders?

No, the unregistered document against which the registered document takes effect must not be a decree or order.

Does it matter under Section 50(1) whether the unregistered document is of the same nature as the registered document?

No, it applies whether such unregistered document is of the same nature as the registered document or not.

As regards what does the duly registered document take effect under Section 50(1)?

It takes effect as regards the property comprised therein.

What is the rule of priority under Section 50(1)?

A duly registered document covered by Section 50(1) prevails, as regards the property comprised therein, over every unregistered document relating to the same property and not being a decree or order.

What is the subject matter of Section 50(2) of the Registration Act, 1908?

Section 50(2) provides exceptions to the rule in Section 50(1).

Do leases exempted under the proviso to Section 17(1) fall within Section 50(1)?

No, nothing in Section 50(1) applies to leases exempted under the proviso to Section 17(1).

Do documents mentioned in Section 17(2) fall within Section 50(1)?

No, nothing in Section 50(1) applies to any document mentioned in Section 17(2).

Does Section 50(1) apply to every registered document irrespective of pre-existing priority law?

No, it does not apply to any registered document which had not priority under the law in force at the commencement of this Act.

What is the effect of Section 50(2) on registered documents lacking priority under the law in force at the commencement of the Act?

Section 50(1) does not apply to such registered documents.

What does the Explanation to Section 50 clarify?

It clarifies the meaning of the expression “unregistered” in certain historical cases.

When does the first part of the Explanation to Section 50 apply?

It applies where Act No. 16 of 1864 or the Indian Registration Act, 1866 was in force in the place and at the time in and at which the unregistered document was executed.

What does “unregistered” mean under the first part of the Explanation to Section 50?

“Unregistered” means not registered according to Act No. 16 of 1864 or the Indian Registration Act, 1866, as the case may be.

What does “unregistered” mean where the document was executed after the first day of July, 1871, under the Explanation to Section 50?

It means not registered under the Indian Registration Act, 1871, or the Indian Registration Act, 1877, or this Act.

Which Acts are referred to in the Explanation to Section 50 for documents executed after 1st July, 1871?

The Indian Registration Act, 1871, the Indian Registration Act, 1877, and this Act are referred to.

What is the relevance of the place and time of execution in the Explanation to Section 50?

The meaning of “unregistered” depends on the Act in force in the place and at the time in and at which the document was executed.

PART XI

OF THE DUITES AND POWERS OF REGISTERING OFFICERS

What is the subject matter of Section 51 of the Registration Act, 1908?

Section 51 deals with register-books to be kept in the several offices.

What does Section 51(1) provide?

Section 51(1) provides the books to be kept in the several offices hereinafter named.

Which books are to be kept in all registration offices under Section 51(1), Part A?

In all registration offices, Book 1, Book 2, Book 3 and Book 4 shall be kept.

What is Book 1 called under Section 51(1), Part A?

Book 1 is called “Register of non-testamentary documents relating to immovable property”.

What is Book 2 called under Section 51(1), Part A?

Book 2 is called “Record of reasons for refusal to register”.

What is Book 3 called under Section 51(1), Part A?

Book 3 is called “Register of wills and authorities to adopt”.

What is Book 4 called under Section 51(1), Part A?

Book 4 is called “Miscellaneous Register”.

Which book is to be kept in the offices of Registrars under Section 51(1), Part B?

In the offices of Registrars, Book 5 shall be kept.

What is Book 5 called under Section 51(1), Part B?

Book 5 is called “Register of deposits of wills”.

What is the subject matter of Section 51(2) of the Registration Act, 1908?

Section 51(2) specifies what shall be entered or filed in Book 1.

What documents shall be entered or filed in Book 1 under Section 51(2)?

All documents or memoranda registered under Sections 17, 18 and 89 which relate to immovable property and are not wills shall be entered or filed in Book 1.

Must documents entered in Book 1 under Section 51(2) relate to immovable property?

Yes, they must relate to immovable property.

Can wills be entered or filed in Book 1 under Section 51(2)?

No, the documents entered or filed in Book 1 must not be wills.

Which sections are referred to in Section 51(2) for documents or memoranda to be entered or filed in Book 1?

Sections 17, 18 and 89 are referred to.

What is the subject matter of Section 51(3) of the Registration Act, 1908?

Section 51(3) specifies what shall be entered in Book 4.

What documents shall be entered in Book 4 under Section 51(3)?

All documents registered under clauses (d) and (f) of Section 18 which do not relate to immovable property shall be entered in Book 4.

Which clauses of Section 18 are referred to in Section 51(3)?

Clauses (d) and (f) of Section 18 are referred to.

Can documents relating to immovable property be entered in Book 4 under Section 51(3)?

No, only documents which do not relate to immovable property shall be entered in Book 4.

What is the effect of Section 51(4) of the Registration Act, 1908?

Nothing in Section 51 shall be deemed to require more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

When is more than one set of books not required under Section 51(4)?

Where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.

What is the subject matter of Section 52 of the Registration Act, 1908?

Section 52 deals with duties of registering officers when document presented.

What particulars must be endorsed on every document at the time of presentation under Section 52(1)(a)?

The day, hour and place of presentation, the photographs and finger prints affixed under Section 32A, and the signature of every person presenting the document shall be endorsed.

When must the endorsements under Section 52(1)(a) be made?

They shall be made at the time of presenting the document.

Whose signature must be endorsed on the document under Section 52(1)(a)?

The signature of every person presenting the document for registration must be endorsed.

What additional particulars relating to identity must be endorsed under Section 52(1)(a) after amendment?

The photographs and finger prints affixed under Section 32A must be endorsed.

What is the duty of the registering officer under Section 52(1)(b)?

The registering officer shall give a receipt for the document to the person presenting the same.

To whom must the receipt under Section 52(1)(b) be given?

It must be given to the person presenting the document.

What is the duty under Section 52(1)(c) regarding documents admitted to registration?

Subject to Section 62, every document admitted to registration shall without unnecessary delay be copied in the book appropriated therefor according to the order of its admission.

Is the duty under Section 52(1)(c) absolute?

No, it is subject to the provisions contained in Section 62.

In what order must documents admitted to registration be copied under Section 52(1)(c)?

They shall be copied according to the order of their admission.

How quickly must a document admitted to registration be copied under Section 52(1)(c)?

It shall be copied without unnecessary delay.

Into what must a document admitted to registration be copied under Section 52(1)(c)?

It shall be copied in the book appropriated therefor.

What is the subject matter of Section 52(2) of the Registration Act, 1908?

Section 52(2) deals with authentication of books.

How shall the books be authenticated under Section 52(2)?

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

Who prescribes the intervals and manner of authentication under Section 52(2)?

The Inspector-General prescribes the intervals and manner of authentication.

What is the subject matter of Section 53 of the Registration Act, 1908?

Section 53 deals with numbering of entries.

How shall entries in each book be numbered under Section 53?

All entries in each book shall be numbered in a consecutive series.

When does the consecutive series commence and terminate under Section 53?

The consecutive series shall commence and terminate with the year.

When is a fresh series commenced under Section 53?

A fresh series is commenced at the beginning of each year.

What is the subject matter of Section 54 of the Registration Act, 1908?

Section 54 deals with current indexes and entries therein.

What must be prepared in every office where the books are kept under Section 54?

Current indexes of the contents of such books shall be prepared.

In which offices are current indexes required under Section 54?

In every office in which any of the books hereinbefore mentioned are kept.

When shall every entry in the current indexes be made under Section 54?

Every entry 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.

What is the standard of promptness for making index entries under Section 54?

Every entry shall be made, so far as practicable, immediately after copying or filing memorandum of the document.

What is the subject matter of Section 55 of the Registration Act, 1908?

Section 55 deals with indexes to be made by registering officers and their contents.

What does Section 55(1) provide?

Four indexes shall be made in all registration offices.

What are the four indexes under Section 55(1)?

They shall be named Index No. I, Index No. II, Index No. III and Index No. IV.

In which offices are the four indexes required under Section 55(1)?

The four indexes are required in all registration offices.

What is the subject matter of Section 55(2) of the Registration Act, 1908?

Section 55(2) specifies the contents of Index No. I.

What shall Index No. I contain under Section 55(2)?

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

Whose names and additions are to be entered in Index No. I under Section 55(2)?

The names and additions of all persons executing and of all persons claiming under the document are to be entered.

Does Index No. I include memoranda filed in Book No. 1 under Section 55(2)?

Yes, it includes every document entered or memorandum filed in Book No. 1.

What is the subject matter of Section 55(3) of the Registration Act, 1908?

Section 55(3) specifies the contents of Index No. II.

What shall Index No. II contain under Section 55(3)?

Index No. II shall contain such particulars mentioned in Section 21 relating to every such document and memorandum as the Inspector-General from time to time directs in that behalf.

Which particulars are to be included in Index No. II under Section 55(3)?

Such particulars mentioned in Section 21 as the Inspector-General from time to time directs shall be included.

To what documents does Index No. II relate under Section 55(3)?

It relates to every such document and memorandum referred to in Section 55(2), i.e., every document entered or memorandum filed in Book No. 1.

Who decides which Section 21 particulars shall be included in Index No. II under Section 55(3)?

The Inspector-General from time to time directs which particulars shall be included.

What is the subject matter of Section 55(4) of the Registration Act, 1908?

Section 55(4) specifies the contents of Index No. III.

What shall Index No. III contain under Section 55(4) in relation to wills and authorities?

Index No. III shall contain the names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder.

Whose names and additions are to be included in Index No. III under Section 55(4) before the death of the testator or donor?

The names and additions of all persons executing every will and authority entered in Book No. 3, and of the executors and persons respectively appointed thereunder, are to be included.

When can the names and additions of persons claiming under a will or authority be entered in Index No. III under Section 55(4)?

After the death of the testator or the donor, but not before.

Can the names of persons claiming under a will or authority be entered in Index No. III before the death of the testator or donor?

No, they can be entered only after the death of the testator or the donor.

Whose names and additions are entered in Index No. III after the death of the testator or donor under Section 55(4)?

The names and additions of all persons claiming under the will or authority are entered.

What is the subject matter of Section 55(5) of the Registration Act, 1908?

Section 55(5) specifies the contents of Index No. IV.

What shall Index No. IV contain under Section 55(5)?

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

To which documents does Index No. IV relate under Section 55(5)?

It relates to every document entered in Book No. 4.

Whose names and additions are to be entered in Index No. IV under Section 55(5)?

The names and additions of all persons executing and of all persons claiming under the document are to be entered.

What is the subject matter of Section 55(6) of the Registration Act, 1908?

Section 55(6) deals with additional particulars and form of indexes.

What else shall each index contain under Section 55(6)?

Each index shall contain such other particulars as the Inspector-General from time to time directs.

In what form shall each index be prepared under Section 55(6)?

Each index shall be prepared in such form as the Inspector-General from time to time directs.

Who has the power to prescribe additional particulars and form of each index under Section 55(6)?

The Inspector-General has the power to prescribe additional particulars and form of each index.

What is the subject matter of Section 56 of the Registration Act, 1908?

Section 56 dealt with copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed.

What is the present status of Section 56 of the Registration Act, 1908?

Section 56 stands repealed.

By which Act was Section 56 repealed?

Section 56 was repealed by the Indian Registration (Amendment) Act, 1929.

What is the Act number of the Indian Registration (Amendment) Act, 1929, which repealed Section 56?

It is Act 15 of 1929.

Under which provision of the repealing Act was Section 56 repealed?

Section 56 was repealed by Section 2 of the Indian Registration (Amendment) Act, 1929.

What is the subject matter of Section 57 of the Registration Act, 1908?

Section 57 deals with inspection of certain books and indexes and grant of certified copies of entries by registering officers.

What condition must be fulfilled before inspection or copies are allowed under Section 57(1)?

The previous payment of the fees payable in that behalf must be made.

Which books are open to inspection under Section 57(1)?

Books Nos. 1 and 2 and the Indexes relating to Book No. 1 are open to inspection.

Are Books Nos. 1 and 2 open to inspection by any person under Section 57(1)?

Yes, they shall be at all times open to inspection by any person applying to inspect the same.

Are the Indexes relating to Book No. 1 open to inspection under Section 57(1)?

Yes, the Indexes relating to Book No. 1 shall be at all times open to inspection.

At what times are Books Nos. 1 and 2 and the Indexes relating to Book No. 1 open to inspection under Section 57(1)?

They shall be at all times open to inspection.

Who may inspect Books Nos. 1 and 2 and the Indexes relating to Book No. 1 under Section 57(1)?

Any person applying to inspect the same may inspect them.

What is the effect of Section 57(1) regarding copies of entries in Books Nos. 1 and 2?

Subject to Section 62, copies of entries in such books shall be given to all persons applying for such copies.

Are copies under Section 57(1) subject to any provision?

Yes, they are subject to the provisions of Section 62.

Who is entitled to copies of entries in Books Nos. 1 and 2 under Section 57(1)?

All persons applying for such copies are entitled.

What is the subject matter of Section 57(2) of the Registration Act, 1908?

Section 57(2) deals with copies of entries in Book No. 3 and the Index relating thereto.

Who may obtain copies of entries in Book No. 3 and the Index relating thereto during the lifetime of the executants under Section 57(2)?

The persons executing the documents to which such entries relate, or their agents, may obtain such copies.

Can any person obtain copies of entries in Book No. 3 before the death of the executants under Section 57(2)?

No, before the death of the executants, only the persons executing the documents or their agents may obtain such copies.

Who may obtain copies of entries in Book No. 3 after the death of the executants under Section 57(2)?

After the death of the executants, any person applying for such copies may obtain them.

When can any person apply for copies of entries in Book No. 3 under Section 57(2)?

After the death of the executants, but not before.

Are copies under Section 57(2) subject to any provision?

Yes, they are subject to the same provisions, i.e., the previous payment of fees and Section 62.

What is the subject matter of Section 57(3) of the Registration Act, 1908?

Section 57(3) deals with copies of entries in Book No. 4 and the Index relating thereto.

Who may obtain copies of entries in Book No. 4 and the Index relating thereto under Section 57(3)?

Any person executing or claiming under the documents to which such entries respectively refer, or his agent or representative, may obtain such copies.

Can a representative obtain copies of entries in Book No. 4 under Section 57(3)?

Yes, the agent or representative of a person executing or claiming under the document may obtain such copies.

Are copies under Section 57(3) subject to any provision?

Yes, they are subject to the same provisions, i.e., the previous payment of fees and Section 62.

What is the subject matter of Section 57(4) of the Registration Act, 1908?

Section 57(4) deals with searches for entries in Books Nos. 3 and 4.

Who shall make the requisite search for entries in Books Nos. 3 and 4 under Section 57(4)?

The requisite search shall be made only by the registering officer.

Can a private applicant conduct the search for entries in Books Nos. 3 and 4 under Section 57(4)?

No, the requisite search shall be made only by the registering officer.

What is the subject matter of Section 57(5) of the Registration Act, 1908?

Section 57(5) deals with the form and evidentiary value of copies given under Section 57.

How shall all copies given under Section 57 be authenticated under Section 57(5)?

All copies shall be signed and sealed by the registering officer.

What is the evidentiary value of copies given under Section 57(5)?

They shall be admissible for the purpose of proving the contents of the original documents.

For what purpose are copies under Section 57(5) admissible?

They are admissible for proving the contents of the original documents.

What is the subject matter of Section 58 of the Registration Act, 1908?

Section 58 deals with particulars to be endorsed on documents admitted to registration.

On which documents does Section 58(1) apply?

It applies to every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under Section 89.

Which documents are excluded from Section 58(1)?

A copy of a decree or order, and a copy sent to a registering officer under Section 89, are excluded.

What shall be endorsed on every document admitted to registration under Section 58(1)?

The particulars specified in clauses (a), (b) and (c) shall be endorsed from time to time.

What is the subject matter of Section 58(1)(a) of the Registration Act, 1908?

Section 58(1)(a) deals with signatures and additions of persons admitting execution.

Whose signature and addition must be endorsed under Section 58(1)(a)?

The signature and addition of every person admitting the execution of the document must be endorsed.

If execution is admitted by a representative, assign or agent, whose signature and addition must be endorsed under Section 58(1)(a)?

The signature and addition of such representative, assign or agent must be endorsed.

Does Section 58(1)(a) apply where execution is admitted by an assign or agent?

Yes, the signature and addition of such assign or agent must be endorsed.

What is the subject matter of Section 58(1)(b) of the Registration Act, 1908?

Section 58(1)(b) deals with persons examined in reference to the document.

Whose signature and addition must be endorsed under Section 58(1)(b)?

The signature and addition of every person examined in reference to such document under any provision of this Act must be endorsed.

Under what circumstances does Section 58(1)(b) apply?

It applies where any person is examined in reference to the document under any provision of the Act.

What is the subject matter of Section 58(1)(c) of the Registration Act, 1908?

Section 58(1)(c) deals with payments, delivery of goods, and admission of receipt of consideration in the presence of the registering officer.

What payment-related particulars must be endorsed under Section 58(1)(c)?

Any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document must be endorsed.

What consideration-related particulars must be endorsed under Section 58(1)(c)?

Any admission of receipt of consideration, in whole or in part, made in the presence of the registering officer in reference to such execution must be endorsed.

Must payment or delivery of goods be made in the presence of the registering officer to be endorsed under Section 58(1)(c)?

Yes, it must be made in the presence of the registering officer.

Can partial receipt of consideration be endorsed under Section 58(1)(c)?

Yes, any admission of receipt of consideration, in whole or in part, made in the presence of the registering officer may be endorsed.

What is the subject matter of Section 58(2) of the Registration Act, 1908?

Section 58(2) deals with refusal by a person admitting execution to endorse the document.

What shall the registering officer do if a person admitting execution refuses to endorse the document under Section 58(2)?

The registering officer shall nevertheless register it.

What additional duty does the registering officer have when a person refuses to endorse under Section 58(2)?

He shall at the same time endorse a note of such refusal.

Does refusal to endorse by a person admitting execution prevent registration under Section 58(2)?

No, the registering officer shall nevertheless register the document.

What is the subject matter of Section 59 of the Registration Act, 1908?

Section 59 deals with dating and signing of endorsements by the registering officer.

What is the duty of the registering officer under Section 59?

The registering officer shall affix the date and his signature to all endorsements made under Sections 52 and 58 relating to the same document and made in his presence on the same day.

To which endorsements does Section 59 apply?

It applies to all endorsements made under Sections 52 and 58.

What condition must be satisfied for Section 59 to apply to endorsements?

The endorsements must relate to the same document and be made in the registering officer's presence on the same day.

What must the registering officer affix to endorsements under Section 59?

He shall affix the date and his signature.

What is the subject matter of Section 60 of the Registration Act, 1908?

Section 60 deals with certificate of registration.

When shall the registering officer endorse a certificate of registration under Section 60(1)?

After such of the provisions of Sections 34, 35, 58 and 59 as apply to the document have been complied with.

Which sections must be complied with before issuing the certificate under Section 60(1)?

Such of the provisions of Sections 34, 35, 58 and 59 as apply to the document must be complied with.

What shall the registering officer endorse on the document under Section 60(1)?

He shall endorse a certificate containing the word “registered”, together with the number and page of the book in which the document has been copied.

What word must the certificate of registration contain under Section 60(1)?

The certificate must contain the word “registered”.

What particulars must accompany the word “registered” in the certificate under Section 60(1)?

The number and page of the book in which the document has been copied must accompany it.

On what is the certificate of registration endorsed under Section 60(1)?

The certificate is endorsed on the document presented for registration.

What is the subject matter of Section 61 of the Registration Act, 1908?

Section 61 deals with copying of endorsements and certificate and return of the document.

What shall be copied into the margin of the Register-book under Section 61(1)?

The endorsements and certificate referred to and mentioned in Sections 59 and 60 shall be copied into the margin of the Register-book.

Where shall the endorsements and certificate be copied under Section 61(1)?

They shall be copied into the margin of the Register-book.

What shall be done with the copy of the map or plan mentioned in Section 21 under Section 61(1)?

The copy of the map or plan shall be filed in Book No. 1.

When is the copy of the map or plan filed in Book No. 1 under Section 61(1)?

It is filed after the endorsements and certificate are copied into the margin of the Register-book.

When is registration deemed complete under Section 61(2)?

The registration of the document shall thereupon be deemed complete.

What is the effect of completion of registration under Section 61(2)?

The document shall then be returned to the proper person.

To whom shall the document be returned under Section 61(2)?

It shall be returned to the person who presented it for registration or to such other person as he has nominated in writing on the receipt mentioned in Section 52.

Can the document be returned to a person other than the presenter under Section 61(2)?

Yes, it may be returned to such other person as the presenter has nominated in writing in that behalf on the receipt mentioned in Section 52.

How must the nomination of another person for return of the document be made under Section 61(2)?

It must be made in writing on the receipt mentioned in Section 52.

What is the subject matter of Section 62 of the Registration Act, 1908?

Section 62 deals with procedure on presenting document in language unknown to the registering officer.

When does Section 62(1) apply?

It applies when a document is presented for registration under Section 19.

What shall be transcribed in the register under Section 62(1)?

The translation shall be transcribed in the register of documents of the nature of the original.

In which register shall the translation be transcribed under Section 62(1)?

It shall be transcribed in the register of documents of the nature of the original.

What shall be filed in the registration office under Section 62(1)?

The translation, together with the copy referred to in Section 19, shall be filed in the registration office.

What is the subject matter of Section 62(2) of the Registration Act, 1908?

Section 62(2) deals with endorsements, certificate and treatment of translation for copies and memoranda.

On which document shall the endorsements and certificate be made under Section 62(2)?

The endorsements and certificate mentioned in Sections 59 and 60 shall be made on the original.

For what purpose is the translation treated as if it were the original under Section 62(2)?

For the purpose of making the copies and memoranda required by Sections 57, 64, 65 and 66.

Which sections are referred to in Section 62(2) for copies and memoranda?

Sections 57, 64, 65 and 66 are referred to.

Is the translation treated as the original for all purposes under Section 62(2)?

No, it is treated as if it were the original only for the purpose of making the copies and memoranda required by Sections 57, 64, 65 and 66.

What is the subject matter of Section 63 of the Registration Act, 1908?

Section 63 deals with power to administer oaths and record of substance of statements.

What power does every registering officer have under Section 63(1)?

Every registering officer may, at his discretion, administer an oath to any person examined by him under the provisions of this Act.

Is the power to administer oath under Section 63(1) mandatory?

No, every registering officer may administer an oath at his discretion.

To whom may a registering officer administer an oath under Section 63(1)?

He may administer an oath to any person examined by him under the provisions of this Act.

What additional discretionary power does every registering officer have under Section 63(2)?

He may record a note of the substance of the statement made by each such person.

What must be done with the note of substance under Section 63(2)?

The statement shall be read over, or if made in a language with which such person is not acquainted, interpreted to him in a language with which he is acquainted.

When must the statement be interpreted under Section 63(2)?

It must be interpreted if it was made in a language with which the person is not acquainted.

In what language must the statement be interpreted under Section 63(2)?

It must be interpreted in a language with which the person is acquainted.

What is the next step if the person admits the correctness of the note under Section 63(2)?

It shall be signed by the registering officer.

Who signs the note under Section 63(2) after its correctness is admitted?

The registering officer signs the note.

What is the evidentiary value of the note signed under Section 63(3)?

It shall be admissible for the purpose of proving that the statements therein recorded were made by the persons and under the circumstances therein stated.

For what purpose is the signed note admissible under Section 63(3)?

It is admissible to prove that the recorded statements were made by the persons and under the circumstances stated therein.

What is the subject matter of Section 64 of the Registration Act, 1908?

Section 64 deals with procedure where a document relates to land in several sub-districts.

When does Section 64 apply?

It applies when a Sub-Registrar registers a non-testamentary document relating to immovable property not wholly situate in his own sub-district.

What kind of document is covered under Section 64?

A non-testamentary document relating to immovable property is covered.

What is the territorial condition for applicability of Section 64?

The immovable property must not be wholly situate in the Sub-Registrar's own sub-district.

What is the first duty of the Sub-Registrar under Section 64?

He shall make a memorandum of the document and of the endorsement and certificate, if any, thereon.

Of what shall the memorandum be made under Section 64?

It shall be made of the document and of the endorsement and certificate, if any, thereon.

To whom shall the memorandum be sent under Section 64?

It shall be sent to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate.

Which Sub-Registrars are entitled to receive the memorandum under Section 64?

Every other Sub-Registrar subordinate to the same Registrar in whose sub-district any part of the property is situate is entitled to receive it.

What must the receiving Sub-Registrar do with the memorandum under Section 64?

He shall file the memorandum in his Book No. 1.

In which book shall the memorandum be filed under Section 64?

The memorandum shall be filed in Book No. 1.

What is the subject matter of Section 65 of the Registration Act, 1908?

Section 65 deals with procedure where a document relates to land in several districts.

When does Section 65(1) apply?

It applies when a Sub-Registrar registers a non-testamentary document relating to immovable property situate in more districts than one.

What kind of document is covered under Section 65(1)?

A non-testamentary document relating to immovable property is covered.

What is the territorial condition for applicability of Section 65(1)?

The immovable property must be situate in more districts than one.

What shall the Sub-Registrar forward under Section 65(1)?

He shall forward a copy of the document and of the endorsement and certificate, if any, thereon, together with a copy of the map or plan, if any, mentioned in Section 21.

To whom shall the Sub-Registrar forward the copies under Section 65(1)?

He shall forward them to the Registrar of every district in which any part of such property is situate other than the district in which his own sub-district is situate.

Must the Sub-Registrar forward copies to the Registrar of his own district under Section 65(1)?

No, he forwards them only to the Registrar of every other district in which any part of the property is situate.

Is a copy of the map or plan always to be forwarded under Section 65(1)?

No, it is to be forwarded only if there is a map or plan mentioned in Section 21.

What is the subject matter of Section 65(2) of the Registration Act, 1908?

Section 65(2) deals with the duties of the Registrar and Sub-Registrar on receipt of copies and memorandum.

What shall the Registrar do on receiving the copies under Section 65(2)?

He shall file in his Book No. 1 the copy of the document and the copy of the map or plan, if any.

In which book shall the Registrar file the copy of the document under Section 65(2)?

The Registrar shall file it in his Book No. 1.

What shall the Registrar do after filing the copy under Section 65(2)?

He shall forward a memorandum of the document to each of the Sub-Registrars subordinate to him within whose sub-district any part of such property is situate.

To whom shall the Registrar forward the memorandum under Section 65(2)?

He shall forward it to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

What must every Sub-Registrar do on receiving the memorandum under Section 65(2)?

Every Sub-Registrar receiving such memorandum shall file it in his Book No. 1.

In which book shall the receiving Sub-Registrar file the memorandum under Section 65(2)?

He shall file the memorandum in his Book No. 1.

What is the subject matter of Section 66 of the Registration Act, 1908?

Section 66 deals with procedure after registration of documents relating to land.

When does Section 66 apply?

It applies after registration of any non-testamentary document relating to immovable property.

What kind of document is covered under Section 66?

A non-testamentary document relating to immovable property is covered.

What is the first duty of the Registrar under Section 66(1)?

The Registrar shall forward a memorandum of such document to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.

To whom shall the Registrar forward the memorandum under Section 66(1)?

He shall forward it to each Sub-Registrar subordinate to himself in whose sub-district any part of the property is situate.

What is the second duty of the Registrar under Section 66(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 is situate.

What shall the Registrar forward under Section 66(2)?

He shall forward a copy of the document together with a copy of the map or plan, if any, mentioned in Section 21.

To whom shall the Registrar forward the copy under Section 66(2)?

He shall forward it to every other Registrar in whose district any part of the property is situate.

Must the Registrar send the copy to himself under Section 66(2)?

No, he sends it to every other Registrar in whose district any part of the property is situate.

Is a copy of the map or plan always required to be sent under Section 66(2)?

No, it is required only if there is a map or plan mentioned in Section 21.

What shall the receiving Registrar do under Section 66(3)?

The receiving Registrar shall file the copy in his Book No. 1 and shall also send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

In which book shall the receiving Registrar file the copy under Section 66(3)?

He shall file the copy in his Book No. 1.

What is the further duty of the receiving Registrar under Section 66(3)?

He shall send a memorandum of the copy to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

To whom shall the receiving Registrar send the memorandum under Section 66(3)?

He shall send it to each of the Sub-Registrars subordinate to him within whose sub-district any part of the property is situate.

What must every Sub-Registrar do on receiving a memorandum under Section 66(4)?

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

In which book shall the Sub-Registrar file the memorandum under Section 66(4)?

He shall file the memorandum in his Book No. 1.

What is the present status of Section 67 of the Registration Act, 1908?

Section 67 has been omitted.

What was the subject matter of former Section 67 of the Registration Act, 1908?

Former Section 67 dealt with procedure after registration under Section 30(2).

By which Act was Section 67 omitted?

Section 67 was omitted by the Registration and Other Related Laws (Amendment) Act, 2001.

What is the Act number of the amending Act that omitted Section 67?

The Registration and Other Related Laws (Amendment) Act, 2001 is Act 48 of 2001.

Under which provision of the amending Act was Section 67 omitted?

Section 67 was omitted by Section 8 of the Registration and Other Related Laws (Amendment) Act, 2001.

From what date did the omission of Section 67 take effect?

The omission of Section 67 took effect from 24-9-2001.

Is Section 67 operative after 24-9-2001?

No, Section 67 is not operative after 24-9-2001 because it stands omitted.

What is the subject matter of Section 68 of the Registration Act, 1908?

Section 68 deals with the power of the Registrar to superintend and control Sub-Registrars.

Under whose superintendence and control does a Sub-Registrar perform his duties under Section 68(1)?

Every Sub-Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub-Registrar is situate.

Which Registrar exercises superintendence over a Sub-Registrar under Section 68(1)?

The Registrar in whose district the office of such Sub-Registrar is situate exercises such superintendence and control.

What power does the Registrar have under Section 68(2)?

Every Registrar has authority to issue any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub-Registrar subordinate to him or in respect of rectification of any error regarding the book or office in which any document has been registered.

Can the Registrar act only on complaint under Section 68(2)?

No, the Registrar may issue orders whether on complaint or otherwise.

What is the limitation on the Registrar’s power to issue orders under Section 68(2)?

The order must be consistent with the Registration Act, 1908.

In respect of whose acts or omissions may the Registrar issue orders under Section 68(2)?

He may issue orders in respect of any act or omission of any Sub-Registrar subordinate to him.

Can the Registrar issue orders for rectification of registration errors under Section 68(2)?

Yes, he may issue orders in respect of rectification of any error regarding the book or the office in which any document has been registered.

What kind of error may be rectified under Section 68(2)?

Any error regarding the book or the office in which any document has been registered may be rectified.

What is the subject matter of Section 69 of the Registration Act, 1908?

Section 69 deals with the power of the Inspector-General to superintend registration offices and make rules.

What is the general supervisory power of the Inspector-General under Section 69(1)?

The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the State Government.

Over which offices does the Inspector-General exercise general superintendence under Section 69(1)?

He exercises general superintendence over all the registration offices in the territories under the State Government.

What additional power is conferred on the Inspector-General under Section 69(1)?

He has power from time to time to make rules consistent with this Act.

What is the limitation on the rule-making power of the Inspector-General under Section 69(1)?

The rules must be consistent with the Registration Act, 1908.

Can the Inspector-General make rules from time to time under Section 69(1)?

Yes, the Inspector-General has power from time to time to make rules consistent with this Act.

For what purpose may rules be made under Section 69(1)(a)?

Rules may be made providing for the safe custody of books, papers and documents.

What is the purpose of Section 69(1)(aa)?

Section 69(1)(aa) empowers the Inspector-General to make rules providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under Section 16A(1).

What electronic record-keeping matter is covered by Section 69(1)(aa)?

It covers the manner and safeguards for keeping books in computer floppies, diskettes, or any other electronic form under Section 16A(1).

For what purpose may rules be made under Section 69(1)(b)?

Rules may be made declaring what language shall be deemed to be commonly used in each district.

What does Section 69(1)(b) authorize the Inspector-General to declare?

It authorizes him to declare what language shall be deemed to be commonly used in each district.

For what purpose may rules be made under Section 69(1)(c)?

Rules may be made declaring what territorial divisions shall be recognized under Section 21.

What does Section 69(1)(c) authorize the Inspector-General to declare?

It authorizes him to declare what territorial divisions shall be recognized under Section 21.

For what purpose may rules be made under Section 69(1)(d)?

Rules may be made regulating the amount of fines imposed under Sections 25 and 34 respectively.

Which fines may be regulated under Section 69(1)(d)?

The fines imposed under Sections 25 and 34 respectively may be regulated.

For what purpose may rules be made under Section 69(1)(e)?

Rules may be made regulating the exercise of the discretion reposed in the registering officer by Section 63.

Which discretion may be regulated under Section 69(1)(e)?

The discretion reposed in the registering officer by Section 63 may be regulated.

For what purpose may rules be made under Section 69(1)(f)?

Rules may be made regulating the form in which registering officers are to make memoranda of documents.

What is regulated under Section 69(1)(f)?

The form in which registering officers are to make memoranda of documents is regulated.

For what purpose may rules be made under Section 69(1)(g)?

Rules may be made regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under Section 51.

What is regulated under Section 69(1)(g)?

The authentication by Registrars and Sub-Registrars of the books kept in their respective offices under Section 51 is regulated.

For what purpose may rules be made under Section 69(1)(gg)?

Rules may be made regulating the manner in which the instruments referred to in Section 88(2) may be presented for registration.

Which instruments are covered by Section 69(1)(gg)?

The instruments referred to in Section 88(2) are covered.

For what purpose may rules be made under Section 69(1)(h)?

Rules may be made declaring the particulars to be contained in Indexes Nos. I, II, III and IV respectively.

What may the Inspector-General declare under Section 69(1)(h)?

He may declare the particulars to be contained in Indexes Nos. I, II, III and IV respectively.

For what purpose may rules be made under Section 69(1)(i)?

Rules may be made declaring the holidays that shall be observed in the registration offices.

What may the Inspector-General declare under Section 69(1)(i)?

He may declare the holidays that shall be observed in the registration offices.

For what purpose may rules be made under Section 69(1)(j)?

Rules may be made generally regulating the proceedings of the Registrars and Sub-Registrars.

What is the residuary rule-making power under Section 69(1)(j)?

The Inspector-General may generally regulate the proceedings of the Registrars and Sub-Registrars.

What is the procedure after rules are made under Section 69(2)?

The rules shall be submitted to the State Government for approval.

To whom must the rules be submitted under Section 69(2)?

The rules must be submitted to the State Government for approval.

What happens after the rules are approved by the State Government under Section 69(2)?

After approval, they shall be published in the Official Gazette.

Where must the approved rules be published under Section 69(2)?

They must be published in the Official Gazette.

What is the effect of publication of rules under Section 69(2)?

On publication, the rules shall have effect as if enacted in this Act.

When do the rules made under Section 69 acquire statutory force?

They acquire statutory force on publication in the Official Gazette after approval by the State Government.

PART XII

OF REFUSAL TO REGISTER

What is the subject matter of Section 70 of the Registration Act, 1908?

Section 70 deals with the power of the Inspector-General to remit fines.

What discretionary power is conferred on the Inspector-General under Section 70?

The Inspector-General may, in the exercise of his discretion, remit wholly or in part the difference between any fine levied under Section 25 or Section 34 and the amount of the proper registration fee.

Can the Inspector-General remit the entire excess fine under Section 70?

Yes, he may remit wholly the difference between the fine levied under Section 25 or Section 34 and the amount of the proper registration fee.

Can the Inspector-General remit only part of the excess fine under Section 70?

Yes, he may remit the difference in part.

Which fines are covered by Section 70?

Fines levied under Section 25 or Section 34 are covered.

What exactly may be remitted under Section 70?

The difference between the fine levied under Section 25 or Section 34 and the amount of the proper registration fee may be remitted.

What is the subject matter of Section 71 of the Registration Act, 1908?

Section 71 deals with recording reasons for refusal to register.

When must a Sub-Registrar make an order of refusal under Section 71(1)?

Every Sub-Registrar refusing to register a 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.

What is the exception to Section 71(1)?

Section 71(1) does not apply where refusal is on the ground that the property to which the document relates is not situate within the Sub-Registrar’s sub-district.

What must the Sub-Registrar record under Section 71(1)?

He shall record his reasons for the order of refusal in his Book No. 2.

In which book are reasons for refusal recorded under Section 71(1)?

The reasons for refusal shall be recorded in Book No. 2.

What words must be endorsed on the document under Section 71(1)?

The words “registration refused” shall be endorsed on the document.

What must the Sub-Registrar do on application by a person executing or claiming under the document under Section 71(1)?

He shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

Who can apply for a copy of reasons under Section 71(1)?

Any person executing or claiming under the document may apply.

Is any fee payable for obtaining a copy of reasons under Section 71(1)?

No, the copy of reasons shall be given without payment.

How quickly must the copy of reasons be supplied under Section 71(1)?

It shall be supplied without unnecessary delay.

Can a registering officer accept for registration a document endorsed “registration refused” under Section 71(2)?

No, no registering officer shall accept such document for registration unless and until, under the provisions hereinafter contained, the document is directed to be registered.

When can a document endorsed “registration refused” be accepted again for registration under Section 71(2)?

It can be accepted only when, under the provisions hereinafter contained, the document is directed to be registered.

What is the subject matter of Section 72 of the Registration Act, 1908?

Section 72 deals with appeal to the Registrar from orders of Sub-Registrar refusing registration on a ground other than denial of execution.

When does an appeal lie under Section 72(1)?

An appeal lies where the Sub-Registrar refuses to admit a document to registration on any ground other than denial of execution.

Against whose order does the appeal lie under Section 72(1)?

The appeal lies against the order of a Sub-Registrar refusing to admit a document to registration.

To whom does the appeal lie under Section 72(1)?

The appeal lies to the Registrar to whom such Sub-Registrar is subordinate.

Does Section 72 apply to both compulsory and optional registration documents?

Yes, it applies whether the registration of such document is compulsory or optional.

What is the limitation period for filing an appeal under Section 72(1)?

The appeal must be presented within thirty days from the date of the order.