LAW OF REGISTRATION AND COURT

FEE ACT, 1870

A PROJECT SUBMITTED TO :

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

CHANDIGARH
By:

Deveshi Harjani

Under the able guidance of

PROF. PRIYANKA
 ACKNOWLEDGEMENT

I would like to express my gratitude and thankfulness towards my university for

allowing me to undertake such an extensive research project, where I had to go
down the lane of history and gather material for this project. Further, I would
like to thank my Registration Law Faculty Prof. Rushil for guiding me through
my research and allowing me to explore my full potential throughout I was
working on this piece. She has been a guiding light, and was there whenever I
felt disoriented or lost in my approach.

I would also like to thank our worthy Vice-Chancellor under whose guidance
our university has been directed towards excessive research-based methodology
of doing our work both in and outside the classroom. I would also extend my
thanks to the library staff, who have timelyprovided me with any sort of
material required to undertake my research and for coordinatingwith me when I
defaulted on books deadline.

Lastly, I would thank my friends and my family who have always had my back
and supported me in all my endeavours and from then, I have never looked
back.
 TABLE OF CONTENTS

ACKNOWLEDGEMENT ........................................................................................................2

TABLE OF CASES ..................................................................................................................3

INTRODUCTION .....................................................................................................................4

OPTIONAL REGISTRATION OF DOCUMENTS .................................................................4

WHEN TO REGISTER DOCUMENTS ...................................................................................5

WHERE TO REGISTER DOCUMENTS ................................................................................5

WHO CAN APPLY FOR REGISTRATION? ..........................................................................5

EFFECTS OF NON-REGISTRATION OF DOCUMENTS ....................................................6

REGISTRATIONFEES.............................................................................................................7

CASE LAWS ............................................................................................................................7

IMPORTANCE OF REGISTRATION .....................................................................................8

CONCLUSION .........................................................................................................................8

TABLE OF CASES

H.P. Puttaswamy v Thimmamma & Ors ..................................................................................7

Hansia v. Bakhtawarmal ...........................................................................................................8

Naginbhai P. Desai v. Taraben A Sheth ...................................................................................7

Narinder Singh Rao v. Avm Mahinder Singh Rao ...................................................................7

Suraj Lamps & Industries Pvt. Ltd. v. State of Haryana...........................................................7

Tek Bahadur Bhujil v. Debi Singh Bhujil .................................................................................7

Thualsidhara & Another v. Others ............................................................................................7

 INTRODUCTION

Laws pertaining to document registration are governed by the Registration Act of 1908.
Documents must be registered by an authorized officer who will also record relevant
information in order to guarantee authenticity and openness. Certain documents must be
registered, as required by Section 17(1) of the Act:

 Gift deeds for immovable property.

 Non-testamentary documents indicating various actions related to immovable

property valued at one hundred rupees or more, such as operations,
declarations, assignments, limitations, or extinguishments of rights, titles, or
interests.

 Leases for immovable property exceeding one year in duration or with annual
rents reserved.

 Non-testamentary documents assigning court decrees or awards concerning

immovable property valued at one hundred rupees or more, involving creation,
declaration, assignment, limitation, or extinguishment of rights, titles, or
interests.

 Contracts related to the transfer of immovable property for consideration, as

per Section 53A of the Transfer of Property Act, 1882, executed on or after the
enactment of the Registration and Other Related Laws Amendment Act, 2001.

It is crucial to remember that the State Government has the right to reject leases that have
been signed in specific districts or sections of them, provided that the terms of the lease
are no longer than five years and the yearly fee is not more than fifty rupees.

OPTIONAL REGISTRATION OF DOCUMENTS

Section 18 of the Act provides for the documents that may be registered under this Act.

 Adoption Deed
  Instruments which relate to share in Joint Stock company

 Debenture issued by Joint Stock Company

 Endorsement upon or Transfer of Debenture, issued by Joint Stock Company.

 Decree or order of the court involving creation, declaration, assignment

extinguishment of any right, title or interest in an immovable property of value
less than one hundred rupees.

 Document of Past transaction

 Wills

 Grant of immovable property by the Government.

 Instrument of Collateral Security

 Power of Attorney

 Agreement to Sell

 Agreement of Mortgage

 Certificate of Sale

 Counterpart of Lease

 Promissory Note

 Leases of immovable property not exceeding 1 year and leases excluded section 17

WHEN TO REGISTER DOCUMENTS

According to Section 23 of the Act, wills may only be recorded after four months from
the date of execution. When more than one person executes a document at various times,
each execution must be submitted for registration within four months of the date of
execution (Section 24).

The registrar may permit registration within four months with a fine of up to ten times the
registration fees if a document or decree is not provided for registration within the
allotted term owing to unforeseen circumstances or an urgent need (Section 25). The sub-
registrar must receive an application before forwarding it to their superior registrar. Even
if this happens beyond the first four months, a document that has been executed outside
of India must be brought for registration within four months of its arrival in India.
 WHERE TO REGISTER DOCUMENTS

Even if the document is performed after the first four months, it still needs to be brought
for registration within four months after the document's arrival in India.
unavoidable circumstances or urgent necessity, the registrar may allow registration within
four months with a fine of up to ten times the registration fees (Section 25).

An application must be submitted to the sub-registrar, who will then forward it to their
superior registrar. If a document is executed outside India, it must be presented for
registration within four months of its arrival in India, even if this occurs after the initial
four-month period.

WHO CAN APPLY FOR REGISTRATION?

According to section 32 of the Act, all documents intended for registration under this
legislation must be presented at the appropriate registration office by:

 The individual executing the document or claiming under it, or if it's a copy of a
decree or order, by the individual claiming under the decree or order.

 A representative of the person.

 A representative or assignee of the individual mentioned above, who is duly

authorized by a power of attorney executed and authenticated as specified herein.

If a document relates to the transfer of ownership of immovable property, each individual

submitting it must affix their fingerprints and a passport-sized photo to it.
The buyer and seller of the property should both have their fingerprints and photos on the
document.

A will or authority presented by the testator or donor for registration shall be registered in
the same manner as any other document, provided that:

• The will was executed by the testator or donor.

• The testator or donor is deceased.

• The individual presenting the will or authority under section 40 is authorized to do so.

EFFECTS OF NON-REGISTRATION OF DOCUMENTS

Section 49 of this act specifies that:

• Any document that must be registered under section 17 of this Act will not be
considered valid for the creation, operation, declaration, limitation, or assignment of
any right, title, or interest in any immovable property unless it is registered within the
designated timeframe.

• The document will not grant the power to adopt.• The document cannot be used as
evidence of any transaction concerning such property
or conferring such power.

Registration fees
The required amount of fees must be paid while presentation of documents. (s.80)

CASE LAWS

In Narinder Singh Rao v. Avm Mahinder Singh Rao, the Supreme Court ruled that a
will, not attested by two witnesses as required, is invalid, allowing the children of the
deceased to inherit the property rather than the widow who was bequeathed the property
in the unregistered will.

In Naginbhai P. Desai v. Taraben A Sheth1, it was clarified that an agreement for sale
does not constitute a conveyance under the Indian Registration Act, 1908, and thus is not
compulsorily registrable under Clause (b) to sub-section (1) of Section 17 of the
Registration Act.

In H.P. Puttaswamy v Thimmamma & Ors, the Supreme Court interpreted Section 32
of the Act to establish that both parties to a sale deed need not be present for its
registration, providedthat a duly authorized representative or assignee is present, unless
the exceptions under Sections 31, 88, and 89 apply.

In Thualsidhara & Another v. Others, the Supreme Court ruled that an unregistered
written document regarding family settlement or arrangement can serve as corroborative
evidence to explain the arrangement made and the conduct of the parties.

In Suraj Lamps & Industries Pvt. Ltd. v. State of Haryana, the court affirmed that
immovable property can only be legally transferred by a registered deed of conveyance,
and transactions such as sales through General Power of Attorney or Sale agreements do
not confer title unless covered under Section 53A of the Transfer of Property Act, 1882.

In Hansia v. Bakhtawarmal, it was established that an unregistered mortgage deed,

required to be registered under Section 17 of the Act, cannot be used as the basis for a suit
for recovery, although it may be used for collateral purposes as per Section 49 of the
Registration Act.
 IMPORTANCE OF REGISTRATION

 The Registration Act, 1908 was enacted with the aim of instilling order and ensuring
public awareness regarding transactions involving immovable property.

 The legislation mandates the registration of specific documents to safeguard them

against potentially fraudulent activities.

 Registered documents serve as legitimate evidence and assist individuals in pursuing

legal recourse during disputes.

 Moreover, the Act promotes transparency in transactions, facilitating the identification

of any obstacles or ongoing legal disputes related to a property through documentation

CONCLUSION

Registration of documents is required in order to reduce property disputes. The

documents may become void if the steps specified in this Act are not followed. It also
creates an organized framework for judicial administration within predetermined time
frames.