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. [STATE AMENDMENTS PUNJAB, HARYANA, CHANDIGARH: [2] [After section 18,
insert the following new section:-- "18A. Document for registration to
be accompanied by a true copy thereof.-- 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."] [3] [After Section
18 The following section
shall be inserted, namely:- "18A. Documents for registration
to be accompanied by a true copy thereof -Notwithstanding any thing contained
in this Act, the registering officer shall refuse to register any document presented fo
him for registration unless such document is accompanied by a true copy
thereof."] (1) Where
it is, in the opinion of the [4] [State
Government], practicable to describe houses, not being houses in towns, and
lands by reference to a Government map or survey, the [5] [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 PUNJAB,
HARYANA, CHANDIGARH: [6]In section 22, in
sub-section (1), omit the words "not being houses in towns". (1) Any
Registrar may in his discretion receive and register any document which might
be registered by any Sub-Registrar subordinate to him. [7] [***] [STATE AMENDMENTS HARYANA: [8] [In section 30,
omit sub-section (2). HARYANA [9] [In Section 30 Omitted.] [10] [In
Section 30 Omitted.] (1) (a)
The day, hour and place of presentation, [11] [the
photographs and finger prints affixed under section 32A,] and the signature of
every person presenting a document for registration, shall be
endorsed on every such document at the time of presenting it; (b) a receipt for such document shall
be given by the registering officer to the person presenting the same; and (c) subject to the, provisions
contained in section 62, every document admitted to registration shall without
unnecessary delay be copied in the book appropriated therefore according to the
order of its admission. (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. [STATE AMENDMENTS PUNJAB,
HARYANA AND CHANDIGARH: [12] [For clause (c) of
sub-section (1) of section 52, substitute the following, namely:-- "(c) Subject to the provisions
contained in section 62, a copy of every document admitted to registration
shall, without unnecessary delay, be pasted in the book appropriated therefore
according to the order of admission of the document."] [13] [In Section 52 The following shall
be substituted, namely ;- "(c) subject to the provisions
contained in Section 62, a copy of every document admitted to registration
shall without unnecessary delay be pasted in the book appropriated therefor
according to the order of admission of the document.".] (1) When
a document is presented for registration under section 19, the
translation shall be transcribed in the register of documents of the nature of
the original, and, together with the copy referred to in section 19,
shall be filed in the registration office. (2) The endorsements and
certificate respectively mentioned in sections 59 and 60 shall be made on the
original, and, for the purpose of making the copies and memoranda required by
sections 57, 64, 65 and 66, the translation shall be treated as if it
were the original. [STATE AMENDMENTS PUNJAB,
HARYANA AND CHANDIGARH: [14] [For
sub-section (1) of section 62 substitute the following:-- "(1) When
a document is presented for registration under section 19, a copy of the
translation shall be pasted in the register of document of the nature of the
original, and the second copy of the translation, together with the copy
referred to in section 19, shall be filed in the registration office."] [15] [In
Section 62 The following shall
be substituted, namely :- "(1) When a
document is presented for registration under Section 19, a copy of the / 90
Indian] Registration (Punjab Amendment) Act, 1961, Section 6 translation
shall be pasted in the register of documents of the nature of the original, and
the second copy of the translation, together with the copy referred to in
Section 19, shall be filed in the registration office.".] [16] [***] [STATE AMENDMENTS [17]Haryana: Section 67 be omitted. [Haryana [18] [In Section 67 section 67, shall be Omitted.] [19] [In Section 67 section 67, shall be Omitted.] (1) The
Inspector-General shall exercise a general superintendence over all the
registration offices in the territories under the [20] [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; [21] [***] [22] [(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; [23] [(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 [24] [State
Government] for approval, and, after they have been approved, they shall be
published in the [25] [Official
Gazette], and on publication shall have effect as if enacted in this Act. [STATE AMENDMENTS PUNJAB,
HARYANA AND CHANDIGARH: [26] [In
sub-section (1) of section 69, after clause (b), insert the following
clause, namely:-- "(bb)
declaring what persons shall be permitted to act as document writers
in the offices of registering officers, regulating the issue of licences to
such persons, the conduct of business by them, the scale of fees to be charged
by them and determining the authority by whom breaches of such rules shall be
investigated and the penalties which may be imposed."] [27] [In
Section 69 The following clause shall be inserted,
namely:- "(bb) declaring what persons shall
be permitted to act as document writers in the offices of registering officers,
relating the issue of licences to such persons, the conduct of business by
them, the scale of fees to be charged by them and determining the
authority by which breaches of such rules shall be investigated and the
penalties which may be imposed."] All fees for the registration of
documents under this Act shall be payable on the presentation of such
documents. [STATE AMENDMENTS HARYANA: [28] [After section
80, insert as under: "80A. Deficit amounts of fees
payable and their recovery.-- (1) If
the value of the property or the considerations, as the case may be, has been increased
under section 47A of the Indian Stamp Act, 1899, the consequential increase in
the fee for the registration of documents under this Act, shall be paid by the
person liable to pay the same within a period of thirty days from the date the
order of determination of the value of the property or the consideration, as
the case may be, is communicated to him. (2) The
fee payable under sub-section (1) may be recovered as an arrear of land
revenue." [29] [After Section 80 The following new section shall
be inserted, namely:- "80-A. Deficient amounts of fees
payable and their recovery.-- (1) If
the value of the property or the consideration, as the case may be, has been
increased under Section 47-A of the Indian Stamp Act, 1889, the consequential
increase in the fee for the registration of documents under this Act, shall be
paid by the person liable to pay the same within a period of thirty days from
the date the order of determination of the value of the property or the
consideration, as the case may be, is communicated to him. (2) The
fee payable under sub-section (1) may be recovered as an arrear of land
revenue."] [1]
Inserted
by Act 33 of 1940, section 2. [2]
Vide Punjab Act
19 of 1961, section 2 (w.e.f. 4-5-1961); Act 33 of 1966 section 89. [3]
Inserted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab). [4]
Substituted by
the A.O. 1950, for "Provincial Government". [5]
Substituted by
the A.O. 1950, for "Provincial Government". [6]
Vide Punjab
Act 8 of 1941, Section 2 (w.e.f. 23-5-1941) read with Act 23 of 1960,
Section 4; Act 31 of 1966, Section 88. [7]
Sub-section (2)
omitted by Act 48 of 2001, section 4 (w.e.f. 24-9-2001). [8]
Vide
Haryana Act 4 of 1997, section 2 (w.e.f. 12-3-1997). [9]
Omitted
by Registration (Haryana Amendment) Act, 1996. [10]
Omitted
by Registration (Haryana Amendment) Act, 1997. [11]
Inserted
by Act 48 of 2001, section 7 (w.e.f. 24-9-2001). [12]
Vide Punjab Act
19 of 1961, section 4 (w.e.f. 4-5-1961): Act 31 of 1966, section
89 (w.e.f. 1-11-1966). [13]
Substituted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab). [14]
Vide Punjab Act 19 of
1961, section 5 (w.e.f. 4-5-1961); Act 31 of 1966, section 88. [15]
Substituted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab). [16]
Section 67
omitted by Act 48 of 2001, section 8 (w.e.f. 24-9-2001). [17]
Vide Haryana
Act 4 of 1997, section 3 (w.e.f. 12-3-1997). [18]
Omitted
by Registration (Haryana Amendment) Act, 1996. [19]
Omitted
by Registration (Haryana Amendment) Act, 1997. [20]
Substituted
by the A.O. 1950, for "Provincial Government". [21]
Certain words rep.
by Act 5 of 1917, section 6 and Schedule. [22]
Inserted
by Act 48 of 2001, section 9 (w.e.f. 24-9-2001). [23]
Inserted
by Act 39 of 1948, section 4. [24]
Substituted
by the A.O. 1950, for "Provincial Government". [25]
Substituted
by the A.O. 1937, for "Local Official Gazette". [26]
Vide Punjab Act 19 of
1961, section 6 (w.e.f. 4-5-1961); Act 31 of 1966, section
88 (w.e.f. 1-11-1966). [27]
Inserted
by Indian Registration (Punjab Amendment) Act, 1961 (punjab). [28]
Vide Haryana
Act 36 of 1973, section 2 (w.r.e.f. 1-11-1966). [29]
Vide Gujarat
Act 18 of 1990, section 4 (w.e.f. 19-11-1990).REGISTRATION ACT, 1 908 (HARYANA
AMENDMENT)