Loading...
Are you looking for a legal research tool ?
Get Started
Do check other products like LIBIL, a legal due diligence tool to get a litigation check report and Case Management tool to monitor and collaborate on cases.

REGISTRATION ACT, 1908 (ANDHRA PRADESH AMENDMENT)

REGISTRATION ACT, 1908 (ANDHRA PRADESH AMENDMENT)

REGISTRATION ACT1908 (ANDHRA PRADESH AMENDMENT)

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(1)   "Addition" means the place of residence, and the profession, trade, rank and title (if any) of a person described, and in the case of [1] [an Indian], [2] [***] his father's name, or where he is usually described as the son of his mother, then his mother's name;

(2)   "Book" includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;

(3)   "District" and "sub-district" respectively mean a district and sub-district formed under this Act;

(4)   "District Court" includes the High Court in its ordinary original civil jurisdiction;

(5)   "Endorsement" and "endorsed" 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;

(6)   "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 which is attached to the earth, but not standing timber, growing crops nor grass;

[3] [(6A) "India" means the territory of India excluding the State of Jammu and Kashmir;]

(7)     "Lease" includes a counterpart, kabuliyat, and undertaking to cultivate or occupy, and an agreement to lease;

(8)     "Minor" means a person who, according to the personal law to which he is subject, has not attained majority;

(9)     "Movable Property" includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and

(10)   "Representative" includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

[4] [***]

[STATE AMENDMENTS

[5] [Andhra Pradesh:

In section 2

In sub-section (2), after the words "includes a portion of book", the words "and the information storage devices like floppy disk, hard disk, compact disk" shall be added.

Section 16 - Register-books and fire-proof boxes

(1)    The [6] [State Government] shall provide for the office of every registering officer the books necessary for the purposes of this Act.

 

(2)   The books so provided shall contain the forms from time to time prescribed by the Inspector-General, with the sanction of the [7] [State Government], and the pages of such books shall be consecutively numbered in print, and the number of pages in each book shall be certified on the title page by the officer by whom such books are issued.

(3)   The [8] [State Government] shall supply the office of every Registrar with a fire-proof box, and shall in each district make suitable provision for the safe custody of the records connected with the registration of documents in such district.

[STATE AMENDMENTS

Andhra Pradesh:

[9]In section 16, for sub-section (1), the following shall be substituted, namely:--

"(1) The State Government shall provide for the office of every registering officer the books and also the information processing and storage devices like computers and scanners along with the software prescribed by the Inspector-General, from time to time necessary for purpose of this Act."

Section 17 - Documents of whichregistrationis compulsory

(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;

[10] [(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 [11] [State Government] may, by order published in the [12] [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.

[13] [(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 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; or

(iv)   any endorsement upon or transfer of any debenture issued by any such Company; or

(v)    [14] [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 [15] [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 [16] [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, or the Land Improvement Loans Act, 1883; or

(x)   any order granting a loan under the Agriculturists, Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or

[17] [(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.

[18] [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.

[STATE AMENDMENTS

ANDHRA PRADESH

[19] [In section 17,--

(a)    in sub-section (1),--

 

(i)    for clause (d) the following shall be substituted, namely:--

"(d) leases of immovable property;"

(ii)   after clause (e) but before the proviso, the following clauses shall be inserted, namely:--

"(f) any decree or order or award or a copy thereof passed by a civil court on consent of the defendants or on circumstantial evidence but not on the basis of any instrument which is admissible in evidence under section 35 of the Indian Stamp Act, 1899 (2 of 1899), such as registered title deed produced by the plaintiff where such decree or order or award purports or operate to create, declare, assign, limit, 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; and

(g) agreement of sale of immovable property of the value of one hundred rupee and upwards;"

(b)    in sub-section (2),--

(i)    in clause (v), for the words "any document not in itself creating", the words "any document except an agreement of sale as mentioned in clause (g) of sub-section (1) not in itself creating", shall be substituted,

(ii)    in clause (vi), for the words "any decree or order of a court", the words "any decree or order of a court, not being a decree or order or award falling under clause (f) of sub-section (1)", shall be substituted,

(iii)   the Explanation shall be omitted.

Section 18 - Documents of whichregistrationis optional

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;

[20] [(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.

[STATE AMENDMENTS

ANDHRA PRADESH:

[21] [In section 18, clause (c) should be omitted.

Section 21 - Description of property and maps or plans

(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 the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to 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.

STATE AMENDMENTS

ANDHRA PRADESH

[22] [In the Registration Act1908 (Central Act 16 of 1908), (hereinafter referred to as the Principal Act), in section 21, after sub-section (4), the following sub-sections shall be added, namely-

"(5) The immovable properties mentioned in sub-sections (1), (2) and (3) may also be described by the use of a unique identification number, called Bhudhaar, assigned to such immovable properties in accordance with the law for the time being in force and as may be prescribed.

(6) The map or Plan of a property mentioned in sub-section (4) and in section 22 may be in the form of a printed copy of such map or plan created in such an electronic or digital format as may be prescribed, for defining all the vertices and boundaries of the property.".]

Section 22 - Description of houses and land by reference to Government maps or surveys

(1)    Where it is, in the opinion of the [23] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [24] [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.

[STATE AMENDMENTS

ANDHRA PRADESH:

[25] [After section 22, the following section shall be inserted:--

"22A. Documents registration of which is opposed to public policy.--

(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."

Section 23A - Re-registrationof certain documents

[26] [23A. Re-registration of certain documents

Notwithstanding anything to the contrary contained in this Act, if in any case 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, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

STATE AMENDMENTS

Section 23B

[27] [Andhra Pradesh:

After section 23A, insert the following section, namely:--

"23B. Power of State Government to permit the registration of documents registered in the loges at Masulipatnam and in certain other areas in French India.--

(1)   The State Government may, by notification in the Andhra Gazette, direct that all documents, or any class of documents, which?

(a)    relate to properties situated within the loges at Masulipatnam (formerly known as Masulipatam), the areas whereof have been set out in the Schedule to the Madras (Enlargement of Areas and Alteration of Boundaries) Order, 1948,

(b)   have been registered in a registration office by an official appointed or controlled by any French Indian authority, and

 

(c)    are required to be registered under this Act, may be registered under this Act free of all charges, within such time, and subject to such restrictions and conditions, as may be specified in the notification; and if any document is so registered, the registration shall have effect for all purposes from the date on which the document was originally registered by the official referred to in clause (b):

Provided that nothing in this sub-section shall be deemed to invalidate any decree or order touching any such document which may have been passed by any Court of Law and become final before the enactment of this section.

(2)   Sub-section (1) shall apply in relation to documents relating to properties situated within the limits of any French territory now adjoining the territory of the State of Andhra Pradesh, as it applies in relation to documents relating to properties situated within the loges referred to in sub-section (1), subject to the modification that for the words "before the enactment of this section" occurring in the proviso, the words "before such date as may be notified in that behalf by the State Government" shall be substituted."

Section 28 - Place for registering documents relating to land

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c) [28] [,(d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,] and section 18, clauses (a), (b) [29] [(c) and (cc),] shall 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.

[STATE AMENDMENTS

ANDHRA PRADESH:

[30] [In section 28, for the expression "clauses (a), (b), (c), (d) and (e) of section 17, sub-section 2", the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17, sub-section (2)", and for expression "clauses (a), (b), (c) and (cc)" the expression "clauses (a), (b) and (cc)" shall be substituted.

Section 30 -Registrationby Registrars in certain cases

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

[31] [***]

[STATE AMENDMENTS

ANDHRA PRADESH:

[32] [Figure "(1)", and sub-section (2), omitted.

Section 32A - Compulsory affixing of photograph, etc.

[33] [32A.Compulsory affixing of photograph, etc.

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

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

STATE AMENDMENTS

ANDHRA PRADESH

[34] [In the Principal Act, in section 32A, after the existing proviso, the following proviso shall be added, namely,-

"Provided further that the photographs and fingerprints shall not be required to be so affixed in respect of any person, whether presenting or executing a document or signing as a witness in any such document, whose identity has been established through biometric authentication, in accordance with any law for the time being in force.".]

Section 50 - Certain registered documents relating to land to take effect against unregistered documents

(1)    Every document of the kinds mentioned in clauses (a), (b), (c), and (d) of section 17, sub-section (1), and clauses (a) and (b) of section 18, shall, if duly registered, take effect as regards the property comprised therein, against every unregistered document relating to the same property, and not being a decree or order, whether such unregistered document be of the same nature as the registered document or not.

(2)   Nothing in sub-section (1) applies to leases exempted under the proviso to sub-section (1) of section 17 or to any document mentioned in sub-section (2) of the same section, or to any registered document which had not priority under the law in force at the commencement of this Act.

Explanation.-- In cases, where Act No. 16 of 1864 or the Indian Registration Act, 1866 (20 of 1866), was in force in the place and at the time in and at which such unregistered document was executed, "unregistered" means not registered according to such Act, and, where the document is executed after the first day of July, 1871, not registered under the Indian Registration Act, 1871 (8 of 1971), or the Indian Registration Act, 1877 (3 of 1977), or this Act.

[STATE AMENDMENTS

[35] [Andhra Pradesh:

In section 50, in sub-section (1), for the expression "clauses (a), (b), (c) and (d) of section 17", the expression "clauses (a), (b), (c), (d), (e), (f) and (g) of section 17" shall be substituted.

Section 51 - Register-books to be kept in the several offices

(1)    The following books shall be kept in the several offices hereinafter named, namely:--

A--In all registration offices--

Book 1, "Register of non-testamentary documents relating to immovable property".

Book 2, "Record of reasons for refusal to register".

Book 3, "Register of wills and authorities to adopt", and

Book 4, "Miscellaneous Register".

B--In the offices of Registrars--

Book 5, "Register of deposits of wills".

(2)   In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property, and are not wills.

(3)    In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.

(4)    Nothing in this section 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.

[STATE AMENDMENTS

ANDHRA PRADESH:

[36] [In section 51, in sub-section (1), for the words "The following books", the words "The following books and the information storage devices as specified in sub-section (1) of section 16" shall be substituted.

Section 61 - Endorsements and certificate to be copied and document returned

(1)    The endorsements and certificate referred to and mentioned in sections 59 and 60 shall thereupon be copied into the margin of the Register-book, and the copy of the map or plan (if any) mentioned in section 21 shall be filed in Book No. 1.

(2)   The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in section 52.

STATE AMENDMENTS

ANDHRA PRADESH:

[37] [In section 61, after sub-section (1), add the following:--

"Provided that the copying of the items referred to above may be done by using electronic devices like scanner."

Section 67 - [Omitted]

[38] [***]

[STATE AMENDMENTS

[39]Andhra Pradesh:

Section 67 shall stand omitted.

Section 69 - Power of Inspector-General to superintendregistrationoffices and make rules

(1)    The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the [40] [State Government], and shall have power from time to time to make rules consistent with this Act?

(a)    providing for the safe custody of books, papers and documents; [41] [***]

[42] [(aa) 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 sub-section (1) of section 16A;]

(b)   declaring what language shall be deemed to be commonly used in each district;

(c)    declaring what territorial divisions shall be recognized under section 21;

(d)    regulating the amount of fines imposed under sections 25 and 34, respectively;

(e)    regulating the exercise of the discretion reposed in the registering officer by section 63;

(f)     regulating the form in which registering officers are to make memoranda of documents;

(g)    regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under section 51;

[43] [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]

(h)   declaring the particulars to be contained in Indexes Nos. I, II, III and IV, respectively;

(i)    declaring the holidays that shall be observed in the registration offices; and

(j)    generally, regulating the proceedings of the Registrars and Sub-Registrars. 

(2)    The rules so made shall be submitted to the [44] [State Government] for approval, and, after they have been approved, they shall be published in the [45] [Official Gazette], and on publication shall have effect as if enacted in this Act.

[STATE AMENDMENTS

ANDHRA PRADESH:

[46] [In section 69, after clause (b) of sub-section (1), insert the following clause (bb), namely:--

"(bb) providing for the grant of licences to document writers, the revocation of such licences, the terms and conditions subject to which and the authority by whom such licences shall be granted, the exemption of any class of document writers from the licensing provisions and the conditions subject to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration."]

Section 70 - Power of Inspector-General to remit fines

The Inspector-General may also, 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.

[STATE AMENDMENTS

[47] [Andhra Pradesh:

In its application to the State of Andhra Pradesh, after Part XI, insert the following Part XIA, namely,--

"PART IXA

REGISTRATION OF DOCUMENTS BY MEANS OF ELECTRONIC DEVICES

70A. Application of this part.--

This part shall apply to the areas only in respect of which a notification is issued by the Government of Andhra Pradesh under section 70B.

70B. Documents scanned by electronic devices in areas notified by the Government.--

(1)    The Government of Andhra Pradesh may, by notification, in the Official Gazette, direct that in any office as may be specified therein, the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic devices like computers, scanners and the compact disks on copies preserved on such devices and retrieved when required.

(2)    Notwithstanding anything in this Act or any other law for the time being in force, a copy of any document registered and scanned using the electronic devices and certified or attested by the registering officer in charge of the office shall also be received in evidence of any transaction as is described in the said document.

70C. Saving.--Nothing in this Part shall apply,--

(i)??? to any document which in the opinion of registering officer is not in a condition fit to be processed by means of electronic devices;

(ii)??? in the case of unforeseen eventuality like break down of the computerised system of registration:

Provided that the registering officer shall record the reasons in writing therefore--

Provided further that the registering officer shall ensure that the data and images of the documents registered during the period of non-application of this Part, due to a break down of the computerised system, are duly incorporated into the computer system, after the same is restored, in the manner prescribed by the Inspector General of Registration."

Section 80 - Fees payable on presentation

All fees for the registration of documents under this Act shall be payable on the presentation of such documents.

[STATE AMENDMENTS

ANDHRA PRADESH:

[48] [After section 80 of the principal Act, the following section shall be inserted, namely:--

"80A. Recovery of deficit registration fees.--

(1)    Notwithstanding anything contained in section 80, if after the registration of document, it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid, such fee or the deficit in the fee paid, as the case may be, may, on a certificate of the registering officer be recovered from the person who represented such document for registration under section 32, as an arrear of a land revenue:

Provided that no such certificate shall be granted unless due inquiry is made and such person is given an opportunity of being heard:

Provided further that no such enquiry shall be commenced after the expiry of such period, after the date of the registration of the document, as may be prescribed.

(2)    The certificate of the registering officer under sub-section (1) shall, subject to appeal under sub-section (3), be final and shall not be called in question in any Court or before any authority.

(3)    Any person aggrieved by a certificate of the registering officer under sub-section (1) may appeal to the Registrar if it is a certificate of the Sub-Registrar, or to the Inspector-General of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time and shall be heard and disposed of in such manner, as may be prescribed.

(4)    The Government or the Inspector-General of Registration and Stamps may write off the irrecoverable arrears of deficit registration fee subject to such conditions as may be prescribed."

Section 89 - Copies of certain orders, certificates and instruments to be sent to registering officers and filed

(1)    Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy of his order to the registering officer within the local limits of whose jurisdiction the whole or any part of the land to be improved or of the land to be granted as collateral security, is situate, and such registering officer shall file the copy in his Book No. 1.

 

(2)    Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate, and such officer shall file the copy in his Book No. 1.

(3)    Every officer granting a loan under the Agriculturists' Loans Act, 1884 (12 of 1884), shall send a copy of any instrument whereby immovable property is mortgaged for the purpose of securing the repayment of the loan, and, if any such property is mortgaged for the same purpose in the order granting the loan, a copy also or that order, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property so mortgaged is situate, and such registering officer shall file the copy or copies as the case may be, in his Book No. 1.

(4)   Every Revenue Officer granting a certificate of sale to the purchaser of immovable property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate, and such officer shall file the copy in his Book No. 1.

[STATE AMENDMENTS

ANDHRA PRADESH:

[49] [In its application to the State of Andhra Pradesh,-

(1)    For sub-Section (5) of Section 89, substitute the following sub-section, namely,-

"(5) An officer empowered to grant a certificate of sale of immovable property under the Andhra Pradesh Co-operative Societies Act, 1964 or the rules made thereunder shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such certificate is situate; and such registering officer shall file the copy in his Book No. 1.

(6)?? Every Tribunal issuing a certificate under sub-section (6) of section 38 or subsection (2) of section 38E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, declaring the protected tenant to be the purchaser or owner, as the case may be, of the land, and every Tahsildar issuing certificate sanctioning the exchange under sub-section (2) of section 39 or under section 50B of the Act aforesaid declaring the validity of any alienation or other transfer of agricultural land shall send a copy of such certificate to the registering officer within the local limits of whose jurisdiction the whole or any part of the agricultural land comprised in such certificate is situate; and such registering officer shall file the copy in his Book No. 1."

[50] [(2) In Section 89, after the words "shall file the copy in his Book No. 1", wherever they occur, "or get scanned".]

 

 

 

 

 

 

 

 

 



[1] Substituted by the A.O. 1950, for "a Native of India" (w.e.f. 26-1-1950).

[2] The words "his caste (if any) and" omitted by Act 17 of 1956, Section 2 (w.e.f. 6-4-1956).

[3] Inserted by Act 3 of 1951, Section 3 and Schedule (w.e.f. 1-4-1951).

[4] Clause (11) Inserted by the A.O. 1950, and omitted by Act 3 of 1951, Section 3 and Sch (w.e.f. 1-4-1951).

[5] Vide Andhra Pradesh Act 16 of 1999, Section 2 (w.e.f. 31-12-1998).

 

[6] Substituted by the A.O. 1950, for "Provincial Government".

[7] Substituted by the A.O. 1950, for "Provincial Government".

 

[8] Substituted by the A.O. 1950, for "Provincial Government".

[9] Vide Andhra Pradesh Act 16 of 1999, section 3 (w.e.f. 31-12-1998).

[10] Added by Act 21 of 1929, section 10.

[11] Substituted by the A.O. 1950, for "Provincial Government".

[12] Substituted by the A.O. 1937, for "Local Official Gazette".

[13] Inserted by Act 48 of 2001, section 3 (w.e.f. 24-9-2001).

[14] Substituted by Act 48 of 2001, section 3, for "any document" (w.e.f. 24-9-2001).

[15] Substituted by Act 21 of 1929, 2, for "and any award".

[16] Substituted by the A.O. 1950, for "Crown".

[17] Inserted by Act 39 of 1948, section 2.

[18] Inserted by Act 2 of 1927, section 2.

[19] Vide Andhra Pradesh Act 4 of 1999 (w.e.f. 1-4-1999).

 

[20] Inserted by Act 33 of 1940, section 2.

 

[21] Vide Andhra Pradesh Act 4 of 1999, section 3 (w.e.f. 1-4-1999).

[22] Inserted by Registration (Andhra Pradesh amendment) Act, 2019.

[23] Substituted by the A.O. 1950, for "Provincial Government".

[24] Substituted by the A.O. 1950, for "Provincial Government".

[25] Vide Andhra Pradesh Act 4 of 1999, Section 4 (w.e.f. 1-4-1999).

[26] Inserted by Act 15 of 1917, Section 2.

[27] Vide Madras Act 17 of 1952, Section 2 (w.e.f. 14-1-1953) as adapted by Andhra Pradesh A.L.O., 1953,

[28] Substituted by Act 33 of 1940, section 3, for "and (d)".

 

[29] Substituted by Act 33 of 1940, section 3, for "and (c)".

[30] Vide Andhra Pradesh Act 4 of 1999, section 5.

 

[31] Sub-section (2) omitted by Act 48 of 2001, section 4 (w.e.f. 24-9-2001).

[32] Vide Andhra Pradesh Act 13 of 1996, section 2 (w.e.f. 15-6-1966).

[33] Inserted by Act 48 of 2001, section 5 (w.e.f. 24-9-2001).

 

[34] Inserted by Registration (Andhra Pradesh amendment) Act, 2019.

[35] Vide Andhra Pradesh Act 4 of 1999, section 6 (w.e.f. 1-4-1999).

[36] Vide Andhra Pradesh Act 16 of 1999, section 4 (w.e.f. 31-12-1998).

[37] Vide Andhra Pradesh Act 16 of 1999, section 5 (w.e.f. 31-12-1998).

[38] Section 67 omitted by Act 48 of 2001, section 8 (w.e.f. 24-9-2001).

 

[39] Vide Andhra Pradesh Act 13 of 1966, section 2 (w.e.f. 15-6-1966).

[40] Substituted  by the A.O. 1950, for "Provincial Government".

 

[41] Certain words rep. by Act 5 of 1917, section 6 and Schedule.

[42] Inserted  by Act 48 of 2001, section 9 (w.e.f. 24-9-2001).

[43] Inserted  by Act 39 of 1948, section 4.

 

[44] Substituted  by the A.O. 1950, for "Provincial Government".

[45] Substituted  by the A.O. 1937, for "Local Official Gazette".

[46] Vide Andhra Pradesh Act 5 of 1960, section 2 (w.e.f. 16-12-1960).

[47] Vide Andhra Pradesh Act 16 of 1999, section 6 (w.e.f. 31-12-1998).

 

[48] Vide Andhra Pradesh Act 4 of 1999, section 7 (w.e.f. 1-4-1999).

 

[49] Vide Andhra Pradesh Act 38 of 1974, section 2 (w.e.f. 1-11-1974).

[50] Inserted by Andhra Pradesh Act 16 of 1999, Section 7 (w.e.f. 31-12-1998).