1. The Registration Act, 1908

3. The Registration Act, 1908
Originated from Transfer of Property Act – Sale, Lease, Gift.
Stamp Act & Registration Act may be read together and definitions in the Stamp Act apply to the Regn Act.
It deals primarily with the Conveyance of property and interests in property.
It provides for registration of certain documents, if executed.

4. What is Registration ?
Registration means recording of the contents of a document with a Registering Officer .
Record-Preservation of copies of the original document.
Witness
Notice to public
Search

5. Why documents are registered ?
Conservation of evidence
Assurance of title
Publicity of documents
Prevention of fraud
Intending purchaser to know if the title deeds of a particular property have been deposited with any person or a financial institution for loans etc

6. Documents of which registration is compulsory (Section 17)
(a) Instruments of gift of immoveable property
(b) other non-testamentary instruments which purport or operate, 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 above, to or in immovable property;
(c) non-testamentary instruments which acknowledge the receipt or payment of any consideration .

7. (d) Leases of immovable property from year to year, or for any term exceeding one year.
(e) Instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award of the value of one hundred rupees and above in immovable property.

8. Documents of which registration is optional (Section 18)
(a) Instruments (other than instruments of gift and wills) of a value less than one hundred rupees about immovable property;
(b) Instruments about receipt or payment of any consideration .
(c) Leases of immovable property for any term not exceeding one year, and leases exempted under section 17.

9. Instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award of a value less than one hundred rupees to or in immovable property;]
Instruments (other than wills) about movable property.
Wills.
Notice of pending suits or proceedings referred to in section 52 of the Transfer of Property Act,
All other documents not required by section 17 to be registered.

10. When to present a document for registration :- (Section 23)
No document other than a will shall be accepted for registration unless presented to the proper officer within four months from the date of its execution:
Provided that a copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is applicable within four months from the day on which it becomes final.

11. Documents executed by several persons at different times:- (Section 24)
Where there are several persons executing a document at different times, such document may be presented for registration and re - registration within four months from the date of each execution.

12. Who can present a document for registration (Section 32)
Every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office,-
(a) By the same person executing or claiming under the same or
(b) By the representative or assign of such person or
(c) By the agent of such person, representative or assign, duly authorised by Power-of-attorney executed and authenticated .

13. Place for registering documents relating to land:- (Section 28)
Every document relating to land 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.

14. Place for registering other documents:- (Section 29)
(I) Document [except a decree or order] may be presented 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 at which all the persons desire the same to be registered.
(2) A copy of a decree or order may be presented in the office of the Sub - Registrar in whose sub - district the original decree or order was made, or, where the decree or order does not affect immovable property, with any other Sub-Registrar.

15. Registration or acceptance of document at private residence:- (Section 31)
In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the Sub Registrar authorised to accept the same for registration or deposit.
Provided that such 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. (Videography is mandatory)

16. Compulsory affixing of photograph:- (Section 32A)
Every person presenting any document for registration shall affix his passport size photograph and finger-prints to the document.
Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and the finger-prints of each buyer and seller shall also be affixed to the document.]

17. Power-of-attorney recognizable for presentation (Section 33)
(a) A power of attorney executed before and authenticated by the Registrar or Sub Registrar within whose district or sub - district the principal resides:
(b) A power - of - attorney executed before and authenticated by any Magistrate;
(c) If the principal at the time aforesaid does not reside in India, 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.

18. Provided that the following persons shall not be required to attend at any registration office or Court for the purpose of executing any such power of attorney namely –
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) Persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in Court.

19. Consequences of delay in presentation :- (Section 25)
If owing to urgent necessity or unavoidable accident, any document executed is not presented for registration within 4 months, the Registrar in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding 10 times the amount of the proper registration fee, such document shall be accepted for registration.

20. Enquiry before registration by Registering Officer (Section 34)
(1) Persons executing such document, or their representatives, assigns or agents appear before the registering officer within the time allowed for presentation. (4 months, with penalty 8 months)
(2) Appearance may be simultaneous or at different times.

21. (3) The registering officer shall thereupon -
(a) enquire whether or not such document was executed by those persons
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and,
(c) in the case of any representative, assign or agent- satisfy himself of the right of such person so to appear.

22. (4) Any application for delay in presentation may be lodged with a Sub - Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate. ,
(5) Nothing in this section applies to copies of decrees or orders.

23. Responsibility on the Sub Registrar Rule 44 (1) (i) – (from 1-07-2006)
Register officer may not concern himself with its validity, but shall ascertain –
If the transaction intended is prohibited by any existing act of Central or State Govt , then true copy of requisite permission or NOC from Competent Authority must be attached.
That the document is not written in contradiction with the said permission or NOC.

24. 38. Persons exempt from appearance at Registration Office:–
A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration office, or
A person in jail under civil or criminal process, or
Persons exempt by law from personal appearance in Court.
In case of every such person the registering officer 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.

25. Registered document when to take effect against oral agreements (Section 48)
Registered documents relating to any movable or immovable property  against any oral agreement or declaration unless where the same is accompanied or followed by delivery of possession and the same constitutes a valid transfer.
Provided that a mortgage by deposit of title deeds  against any mortgage deed subsequently executed and registered which relates to the same property.

26. Effect of non -registration of documents required to be registered (Section 49)
No document required to be registered shall -
(a) Affect any immovable property comprised therein, or
(b) Confer any power to adopt, or
(c) Be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered;
[Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 to be registered may be received as evidence of a contract in a suit for specific performance under the Specific Relief Act, 1887, or as evidence of any collateral transaction not required to be effected by a registered instrument.]

27. REFUSAL TO REGISTER Section 71- Reasons for refusal to register to be recorded
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 and record his reasons for such order in his book No. 2, and endorse the words " registration refused " on the document; and, on application made by any person executing or claiming under the document.
No registering officer shall accept for registration a document so endorsed unless and until, the document is directed to be registered.

28. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution (Section 72)
(1) Except where the refusal is made on the ground of denial of execution, and appeal shall lie to the Registrar to whom such Sub – Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order, the Sub-Registrar shall obey the same, as if the document had been registered when it was first duly presented for registration.

29. Section 73- Application to Registrar where Sub -Registrar refuses to register on ground of denial of execution.- within thirty days after the making of the order of refusal, apply to the Registrar.
Section 74-Registrar on such application:- shall enquire:-
(a) whether the document has been executed;
(b) whether the requirements of the law have been complied.
Shall order the document to be registered (S.75)-within 30 days of presentation.

30. Order of refusal by Registrar (Section 76)
Every Registrar refusing to direct the registration of a document under section 72 or section75 shall make an order of refusal and record the reasons for such order in his Book No. 2.
No appeal lies against the Order of Registrar under S. 72 or 75.

31. Suit in case of order of refusal by the Registrar (Section 77)
Where the Registrar refuses to order the document to be registered, under section 72 or section 76, any person may, within thirty days institute a civil suit for a decree directing the document to be registered
if it be duly presented for registration within thirty days after the passing of such decree.

32. All fees payable on the presentation of
such documents.
The registration fees at present fixed for registering documents relating to property transactions are 1 % of the market value or consideration of the document but subject to a maximum limit of Rs. 30,000/-
Section 80- Recovery of excess registration fee as arrear of land revenue and provision for refund – on filing an application to IGR.

33. PENALTIES-
81. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure or
82. Penalty for making false statements, delivering false copies or translations, Use personation and abetment –
shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

34. Registration of documents executed by Government officers or certain public functionaries- (Section 88)
It shall not be necessary for -
(a) Any officer of Government, or
(b) any Administrator General, Official Trustee or Official Assignee, or
(c) The Sheriff, Receiver or Registrar of a High Court, or
(d) the holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued in that behalf by the State Government
to appear in person or by agent at any registration office connected with the registration of any instrument executed by him or in his favour in his official capacity.

35. Copies of certain orders, certificates and instruments to be sent to Sub Registrar and filed:- Section 89
Loans under the Land Improvement Loans Act,1883.
Every Court granting a certificate of sale of immovable property under the CPC.
Loan under the Agriculturist's Loans Act, 1884.
Revenue-officer granting a certificate of sale to the purchaser of immovable property sold by public auction.
Every Consolidation Officer passing an order under Prevention of Fragmentation Acts.

36. Registration Act Amendments 1-04-2013
POA of Sale
Sec 7 : Specify the document
Agreement of
equitable mortg
Sec 17: Compulsory Registrable
Sale certificate
Sec 32,34,35 :Waiver in physical appearance
Sec 69 :power of making rule for the above
Sec 89A: filing of Court orders and demand
Sec 89B: filing of Notice of Equitable mortgage

37. Filing At designated offices Prescribed form for notice
Within 30 days of mortgage
Stamp Duty as per Art 6
Filing fee 1000/+ 300/-
Original to be filed, Index II

38. e-Filing PUBLIC AWARNESS Bank for downloading
Why?
How?
PUBLIC AWARNESS
Banks to register first
Data Entry, Biometric ,e-Payment at Bank
To SR for Verification & filing
Bank for downloading
Central Data for instant search

39. Precautions in Identification
Follow the spirit of Act
Avoid professional identifier
Valid ID proof (UID)
Verify Previous Document
Video Shooting of Home Visit

40. For any assistance related to Registration of document & payment of stamp duty , please visit or Call , 7 AM to 9 PM, All days.

41. THANKS