(1) The following documents 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, namely:—
(a) instruments of gift of immovable property;
(b) other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and
(d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent;
3 [(e) non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property:]
Provided that the 4 [State Government] may, by order published in the 5 [Official Gazette], exempt from the operation of this sub-section 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.
(3. Ins. by Act 21 of 1929, s. 10.)
(4. Subs. by the A.O. 1950, for “Provincial Government”.)
(5. Subs. by the A.O. 1937, for “Local Official Gazette”.)
1 [(1A) The documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53A of the Transfer of Property Act, 1882 (4 of 1882) 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) and if such documents are not registered on or after such commencement, then, they shall have no effect for the purposes of the said section 53A.]
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to—
(i) any composition deed; or
(ii) any instrument relating to shares in a joint stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or
(iii) any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles 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; o
(iv) any endorsement upon or transfer of any debenture issued by any such Company; or
(v) 2 [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; or
(vi) any decree or order of a Court 3 [except 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]; or
(vii) any grant of immovable property by 4 [Government]; or
(viii) any instrument of partition made by a Revenue-Officer; or
(ix) any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871 (26 of 1871), or the Land Improvement Loans Act, 1883 (19 of 1883); or
(x) any order granting a loan under the Agriculturists, Loans Act, 1884 (12 of 1884), or instrument for securing the repayment of a loan made under that Act; or
5 [(xa) any order made under the Charitable Endowments Act, 1890 (6 of 1890), vesting any property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property; or]
(xi) any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or
(xii) any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.
6 [Explanation.—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 by reason only of the fact that such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money.]
(3) Authorities to adopt a son, executed after the 1st day of January, 1872, and not conferred by a will, shall also be registered.
(1. Ins. by Act 48 of 2001, s. 3 (w.e.f. 24-9-2001).
(2. Subs. by Act 48 of 2001, s. 3, for “any document” (w.e.f. 24-9-2001).
(3. Subs. by Act 21 of 1929, s. 10, for “and any award”.)
(4. Subs. by the A.O. 1950, for “Crown”.)
(5. Ins. by Act 39 of 1948, s. 2.)
(6. Ins by Act 2 of 1927, s. 2.)
In section 17 of the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act),—
(i) in sub-section (1), after clause (e), the following clauses shall be inserted, namely:—
“(f) Instruments purporting or operating to effect a contract for the sale of immovable property of the value of one hundred rupees and upwards;
(g) Power of attorney creating any power or right of management, administration, development, transfer or any other transaction relating to immovable property of the value of one hundred rupees and upwards other than those executed in favour of father, mother, wife, husband, son, adopted son, daughter, adopted daughter, brother, sister, son-in-law or daughter-in-law of the executant.";
(ii) in sub-section (2), the Explanation shall be omitted.
[Vide Kerala Act 31 of 2013, s. 2]
In sub-section (2) of section 17 of the Indian Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act), clause (ix) and (x) shall be omitted.
[Vide kerala Act 7 of 1968, s. 2]
In section 17 of the principal Act, in sub-section (1), after clause (e), the following clauses shall be inserted before the proviso, namely:—
“(f) agreement to sell immovable property possession whereof has been or is handed over to the purported purchaser;
(g) power of-attorney relating to transfer of immovable property possession whereof has been or is handed over to the purported attorney holder.”
[Vide Orissa Act 8 of 2002, s. 3]
In sub-section (2) of section 17 of the Registration Act, 1908 (Central Act XVI of 1908), in its application to the State of Rajasthan, hereinafter referred to as the principal Act-
(a) for the full-stop at the end of clause (xii) a comma and the word ",or" shall be substituted; and
(b) after clause (xii) as so amended, the following clause shall be added. namely :-
"(xiii) any instrument referred to in sub-section (5) of section 89."
[Vide Rajasthan Act 16 of 1976, s. 2]
In section 17 of the Registration Act, 1908 (Central Act 16 of 1908), in its application to the State of Rajasthan, hereinafter referred to as the principal Act,-
(a) in sub-section (1), after clause (e), and before the proviso, the following clauses shall be added, namely:-
"(f) agreement to sell immovable property possession where of has been or is handed over to the purported purchaser;
(g) irrevocable power of attorney relating to transfer of immovable property in any way;";and
(b) in sub-section (2), the existing Explanation shall be omitted.
[Vide Rajasthan Act 18 of 1989, s. 2]
Amendment of section 17 of XVI of 1908.—In the Registration Act, 1908, in its application to the State of Gujarat (hereinafter referred to as “the principal Act”), in section 17,--
(i) in sub-section (1),--
(a) for clause (f), the following clause shall be substituted, namely:--
“(f) power of attorney intending to administer, manage and/or alienate immovable property in any manner, executed on or after the commencement of the Registration (Gujarat Amendment) Act, 2016(Guj.16 of 2016);”:
(b) after clause (j), the following clause shall be added, namely:--
“(k) sale certificate issued by any competent officer or authority under any central Act or State Act for the time being in force.”;
(ii) in sub-section (2), clause (xii) shall be deleted.
[Vide Gujarat Act 4 of 2020, s. 2]
Any of the following documents may be registered under this Act, namely:—
(a) Instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less then one hundred rupees, to or in immovable property;
(b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17;
1 [(cc) instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;]
(d) 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;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
(1. Ins. by Act 33 of 1940, s. 2.)
In the Indian Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal Act), after section 18, the following section shall be inserted, namely;
Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof.”
[Vide Himachal Pradesh Act 2 of 1969, s. 3]
In the Registration Act, 1908 (hereinafter referred to as the principalAct), after section 18, the following section shall be inserted, namely:-
(1) Notwithstanding anything contained in the Act, the Registering Officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof.
(2) The true copy referred to in Sub-section (1) shall be neatly hand-written or printed or typewritten or lithographed or otherwise prepared in such manner as may be prescrib
[Vide Tripura Act 7 of 1982, s. 2]
In the Registration Act, 1908 (hereinafter referred to as the principal Act), after section 18, the following section shall be inserted, namely :—
(1) The Registering Officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof, and in the case of a document referred to in section 19, also by a true copy of the translation referred to therein.
(2) A copy referred to in sub-section (1) shall not be a carbon copy, and shall be neatly handwritten, printed or type written, or be a cyclostyled copy of type-written matter, on only one side of the paper, and shall be prepared in accordance with such rules, if any, as may be made in that behalf, and shall contain a declaration in the prescribed manner that the same is a true copy of the document or of the translation, as the case may be."]
[Vide Uttar Pradesh Act 14 of 1971, s. 2]
If any document duly presented for registration be in a language which the registering officer does not understand, and which is not commonly used in the district, he shall refuse to register the documents, unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy.
After section 19 of the Registration Act, 1908 (Central Act 16 of 1908) (hereinafter referred to as the principal Act), the following section shall be inserted namely:--
(1) No document shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise prepared in accordance with such rules may be made in this matter."
[Vide Karnataka Act 55 of 1976, s. 4]
Amendment of Section 19.-In section 19 of the principal Act, for the words “a true translation” thewords “two copies of the true translation” shall be substituted.
[Vide Tripura Act 7 of 1982, s. 3]
In section 19 of the principal Act, the words “and also by a true copy” shall be omitted.
[Vide kerala Act 7 of 1968, s. 3]
After section 19 of the principal Act, the following section shall be inserted, namely:-
(1) No documents shall be accepted for registration unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be neatly handwritten, printed, typewritten, lithographed or otherwise, prepared in accordance with such rules as may be made in this behalf.”
[Vide kerala Act 7 of 1968, s. 4]
In section 19 of the principal Act, for the words "a true translation", the words "two copies of the true translation" shall be substituted.
[Vide Himachal Pradesh Act 2 of 1969, s. 4]
In the Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal act), in section 19, the words “ and also by a true copy” shall be omitted.
[Vide Orissa Act 14 of 1989, s. 2]
In the principal Act, after section 19, the following section shall be inserted, namely:—
(1) No document shall be accepted for registration, unless it is accompanied by a true copy thereof.
(2) The true copy referred to in sub-section (1) shall be legibly handwritten, printed, type-written, lithographed, cyclostyled or otherwise prepared only on one side of the paper and in accordance with such rules as may be made in this behalf by the State Government and shall contain a declaration in the prescribed manner that the same is true copy of the document and its translation, if any.”
[Vide Orissa Act 14 of 1989, s. 3]
In Sub-section (2), for the words "otherwise prepared", the words "otherwise legibly prepared" shall be substituted..
[Vide Orissa Act 8 of 2002, s. 4].
(1) The registering officer may in his discretion refuse to accept for registration any document in which any interlineation, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineation, blank, erasure or alteration.
(2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.
(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.
(3) Other houses and lands shall be described by their name, if any, and as being in the territorial division in which they are situate, and by their superficial contents, the roads and other properties on which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.
In the principal Act, after the existing section 21, the following new section 21A shall be inserted, namely:—
Notwithstanding anything contained in any other provision of this Act, no non-testamentary instrument relating to immovable property shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order, etc., issued by the State Government from time-to-time:
Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period.”
[Vide Assam Act 29 of 2009, s. 2]
In placed of sub-section (1) of section 21 of the Principal act, shall be substituted as follows; namely:--
"(1) No non-testamentary document relating to immovable property shall be accepted for registration unless,-
(a) it contains a description of such property sufficient to identify the same; and
(b) It is accompanied also, where the property is agricultural land, by a map or plan, not necessarily on scale, showing all properties with full description in the radius of two hundred meters of that agricultural land.".
[Vide Uttarakhand Act 24 of 2014, s. 6]
(1) Where it is, in the opinion of the 1 [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the1 [State Government] may, by rule made under this Act, require that such houses and lands as aforesaid shall, for the purposes of section 21, be so described.
(2) Save as otherwise provided by any rule made under sub-section (1), failure to comply with the provisions of section 21, sub-section (2) or sub-section (3), shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property.
(1. Subs. by the A.O. 1950, for “Provincial Government”)
After section 22 of the principal Act, the following section shall be inserted namely:--
(1) The State Government may, by notification, in the official Gazette, declare that the registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable."
[Vide Karnataka Act 55 of 1976, s. 5]
After section 22 of the principal Act, the following section shall be inserted, namely:—
(1) The State Government may, by notification, declare that the registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register a document to which a notification issued under sub-section (1) is applicable.”
[Vide Orissa Act 8 of 2002, s. 5]
In the Registration Act, 1908 (16 of 1908), for section 22-A, the following section shall be substituted, namely:—
(1) The registering officer shall refuse to register,—
(a) any instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—
(i) belonging to the State Government , or the Local Authority;
(ii) belonging to any religious institution to which the Odisha Hindu Religious Endowment Act, 1951 (Odisha Act 2 of 1952) is applicable.
(iii) belonging to or recorded in the name of Lord Jagannath, Puri;
(iv) donated for Bhoodan Yagna and vested in the Odisha Bhoodan Yagna Samiti established under section 3 of the Odisha Bhoodan and Gramdan Act, 1970 (Odisha Act 2 of 1971);
(v) belonging to Wakfs which are under the supervision of Odisha Wakf Board established under the Wakf Act, 1995 (43 of 1995); unless a sanction in this regard, issued by the competent authority as provided under the relevant Act or in absence of any such authority, and authority so authorized by the State Government for this purpose, is produced before the registering officer;
Explanation.—For the purpose of this section Local Authority means any Municipal Corporation, Municipality, Notified Area Council, Zilla Parisad, Grama Panchayat, Urban Development Authority and Planning Authority or any Local Self Government constituted under any law for the time being in force.
(b) The instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed; and
(c) Any instrument relating to transfer of immovable property, the alienation or transfer of which is prohibited under any State or the Central Act.
(2) Notwithstanding anything contained in this Act, the registering officer shall not register any document presented to him for registration unless the transferor produce the record of rights for the satisfaction of the registering officer that such transferor has right, title and interest over the property so transferred.
Explanation.—For the purpose of this sub-section ‘record-of-rights’ means the record of rights as defined under the Odisha Survey and Settlement Act, 1958 (Odisha Act 3 of 1959).”
[Vide Orissa Act 1 of 2014, s. 2]
After section 22 of the principal Act, the following section shall be inserted, namely:-
(1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public policy.
(2) Notwithstanding anything contained in this Act, the registering officer shall refuse to register a document to which a notification issued under sub-section (1) is applicable."
[Vide Rajasthan Act 16 of 1976, s. 3]
