REGISTRATION ACT, 1908 (MADHYA 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

Madhya Pradesh

[5] [In its application to the State of Madhya Pradesh, in S.2, after Cl. (4), insert the following clause, namely:-

(4-A) "Electronic form" shall have the same meaning as assigned to it in clause (1) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);]

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;

[6] [(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 [7] [State Government] may, by order published in the [8] [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.

[9] [(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)   [10] [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 [11] [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 [12] [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

[13] [(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.

[14] [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

MADHYA PRADESH

[15] [In its application to the State of Madhya Pradesh, in Section 17,-

(i)    in Sub-Section (1), in Cl. (e), for colon, the semi colon shall be substituted and thereafter the following clauses shall be inserted, namely:-

"(f)?? any document which purports or operates to effect any contract for sale of any immovable property:

(g)??? power of attorney relating to sale of immovable property in any way."

(ii)    in sub-section (2),-

(a)    in Cl. (v), for the words, bracket, figure and letter "any document other than the document specified in sub-section (1-A)", substitute the words, brackets, figures and letters "any document other than the document's specified in clauses (f) and (g) of sub-section (1) and sub-section (1-A)";

(b)    the existing explanation shall be omitted.]

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

(1)     Where it is, in the opinion of the [16] [State Government], practicable to describe houses, not being houses in towns, and lands by reference to a Government map or survey, the [17] [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

MADHYA PRADESH

[18] [In its application to the State of Madhya Pradesh, after Section 22, insert the following new Section, namely,-

"22-A. Non-acceptance of registration of document regarding the property already conveyed by a registered document by the same person.-

Notwithstanding anything contained in this Act or any other law for the time being in force, no Registering Officer shall accept for Registration any document relating to the sale of any immovable property, if the property comprised therein has already been conveyed or permanently alienated by the same person or his representative assign or agent in favour of any other person by a registered document, unless the previous registered document is cancelled by order of a Court."]

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.

[19] [***]

[STATE AMENDMENTS

MADHYA PRADESH:

[20] [Sub-section (2) of section 30 shall be omitted.

Section 34 - Enquiry beforeregistrationby registering officer

(1)   Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.

(2)    Appearances under sub-section (1) may be simultaneous or at different times.

(3)    The registering officer shall thereupon?

(a)   enquire whether or not such document was executed by the persons by whom it purports to have been executed;

(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 person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. 

(4)    Any application for a direction under the proviso to sub-section (1) 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.

[STATE AMENDMENTS

Madhya Pradesh

[21] [In its application to the State of Madhya Pradesh, in Section 34,-

(i)??? in sub-section (1),-

(a)   for the figures and word "41, 43, 45, 69, 75, 77, 88, and 89", substitute the figures, letters and word "41, 43, 45, 69, 75, 77, 88, 89-A and 89-B";

(b)    in existing proviso, for full stop, the colon shall be substituted and thereafter the following proviso shall be inserted, namely:-

"Provided further that, when such document is presented in electronic form, personal appearance shall not be required.";

(ii)??? in sub-Section (3), in Cl. (c), for full stop, the colon shall be substituted and thereafter the following proviso shall be inserted, namely:-

Provided that, when such document is presented in electronic form, the enquiry shall be made in such manner as may be prescribed."

(iii)?? in sub-section (4), for the words, bracket and figure "proviso to sub-section (1)", substitute the words, bracket and figure "first proviso to sub-section (1)".]

Section 35 - Procedure on admission and denial of execution respectively

(1)    (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or

(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or

(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61 inclusive.

(2)    The registering officer may, in order to satisfy himself that the persons appearing before him are-the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office.

(3)    (a) If any person by whom the document purports to be executed denies its execution, or

(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or

(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead:

Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:

[22] [Provided further that the [23] [State Government] may, by notification in the [24] [Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]

STATES AMENDMENTS

Madhya Pradesh-

[25] [In its application to the State of Madhya Pradesh, in Section 35, in Sub section (2), for full stop, the colon shall be substituted and thereafter the following proviso shall be inserted, namely:-

"Provided that when the document is presented in electronic form the procedure laid down by rules prescribed in this behalf shall be followed."]

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 [26] [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; [27] [***]

[28] [(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;

[29] [(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 [30] [State Government] for approval, and, after they have been approved, they shall be published in the [31] [Official Gazette], and on publication shall have effect as if enacted in this Act.

[STATE AMENDMENTS

MADHYA PRADESH:

[32] [MAHAKOSHAL.--In its application to the Mahakoshal region of the State of Madhya Pradesh, in section 69 after clause (j) of sub-section (1) the following clause (k), shall be inserted:

"(k) prescribing the manner in which and the terms subject to which persons who write documents for presentation to a registering officer may be granted licences and the fees to be paid for such licences."

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

MADHYA PRADESH:

[33] [After section 80 the following section shall be inserted, namely:--

"80A. Recovery of deficient registration fees as arrears of land revenue.--If on inspection or otherwise, it is found that the fees payable under this Act in relation to any document which is registered has been insufficiently paid, the deficient amount of fee shall after failure to pay the same on demand within the prescribed period, be recoverable from the person who presented such document, as arrears of land revenue."

Section 82 - Penalty for making false statements, delivering false copies or translations, false personation, and abetment

Whoever--

(a)    intentionally makes any false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, in any proceeding or enquiry under this Act; or

(b)    intentionally delivers to a registering officer, in any proceeding under section 19 or section 21, a false copy or translation of a document, or a false copy of a map or plan; or

(c)    falsely personates another, and in such assumed character presents any document, or makes any admission or statement, or causes any summons or commission to be issued, or does any other act in any proceeding or enquiry under this Act; or

 

(d)    abets anything made punishable by this Act, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

[STATE AMENDMENTS

MADHYA PRADESH:

[34] [Mahakoshal.--In its application to Mahakoshal region of the State of Madhya Pradesh, after section 82, the following section shall be inserted, namely:--

"82A. Penalty for writing documents without licence.--

(1)   On and from such date as the State Government may, by notification, appoint in this behalf, no person shall write a document for another person for presentation to a registering officer except under a licence granted in accordance with the rules made under this Act:

Provided that nothing in this sub-section shall apply where the writer of such document is an authorised agent of the executant or a pleader engaged by the executant for drawing up the document or the registered clerk of such pleader.

(2)   Whoever contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred rupees."

[35] [In its application to the State of Madhya Pradesh, after Section 82-A, insert the following new section, namely:-

"82-B. Punishment for failure to file notice under Section 89-B.-

Any person who fails to file a notice under section 89-B before the Registering Officer within the period specified in that section shall be punished with imprisonment for a term which shall not be less than one year but which may extend upto three years and shall also be liable to fine."]

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

MADHYA PRADESH:

[36] [[37] [Mahakoshal.--In its application to the Mahakoshal region of the State of Madhya Pradesh, in section 89,--

(i)?? ??after sub-section (4), insert the following sub-section, namely:--

"(5) Every sale officer granting a certificate of sale under section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (1 of 1937), or under clause (c) of section 85 of M.P. Co-operative Societies Act, 1960, or the rules made thereunder shall send a copy of such certificate to the registering office 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."

(ii)??? after sub-section (5) insert the following, namely:--

"(6) Every consolidation officer passing an order under sub-section (1) of section 22 of the Central Provinces Consolidation of Holdings Act, 1928, shall send a copy of such order to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property referred to in such order is situate and such registering officer shall file the copy in his Book No. 1."]

[38] [In Section 89

The following sub-section shall be substituted, namely:--

"(5) Every officer granting a certificate of sale of immovable property under section 20 of the Madhya Pradesh Co-operative Land Mortgage Banks Act, 1937 (I of 1937) or under clause (c) of section 85 of the Madhya Pradesh Co-operative Societies Act, 1960 (17 of 1961) 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".]