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] [Tamil Nadu: In section 2,-- (i) in
clause (9), the word "and" occurring at the end shall be
omitted; (ii) in
clause (10), the word "and" shall be added at the end; (iii) after
clause (10), the following clause shall be added, namely:-- "(11) 'tout' means a person who
habitually frequents the precincts of a registration office, for the purpose of employment for himself
or for any other person in connection with any registration business and who is so declared as a tout
under Part XIII-A.] [6] [In section 2
of clause (2), the following expression shall be added at the end,
namely:-- "and
the information storage devices like floppy disk, hard disk or
compact disk or any other electronic media;] (1) The [7] [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 [8] [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 [9] [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 TAMIL NADU: [10] [In section
16 of the principal Act,
after sub-section (2), the following sub-section shall be inserted, namely:-- "(2-A) The
State Government shall also provide for the office of every
Registering Officer notified by the State Government under sub-section (1) of
section 70-B, the information processing and storage devices like computer and
scanners along with the software prescribed by the Inspector-General, from time
to time, necessary for the purposes of this Act.] (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; [11] [(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 [12] [State
Government] may, by order published in the [13] [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. [14] [(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) [15] [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 [16] [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 [17] [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 [18] [(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. [19] [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 TAMIL NADU: [20] [In section 17,
in sub-section (1), after clause (e), the following clause shall be added,
namely:-- "(f) instruments of agreement
relating to construction of multi unit house or building on land held by
several persons as referred to in clause (i) under Article 5 of Schedule I to
the Indian Stamp Act, 1899
(2 of 1899)." TAMIL NADU [21] [In Section 17 (1) in
sub-section (1), for clause (f), the following clauses shall be substituted,
namely:-- "(f)?? instruments of agreement relating to
construction of building as referred to in clause (i) under Article 5 of
Schedule I to the Indian Stamp Act,
1899 (Central Act II
of 1899); (g)??? instruments of agreement relating to sale
of immovable property of the value of one hundred rupees and upwards; (h)??? instruments of Power of Attorney relating
to immovable property other than those executed outside India; (i)??? instruments evidencing an agreement
relating to the deposit of title deeds:"; (2) in
sub-section (2), the Explanation shall be omitted.] If any document duly
presented for registration be
in a language which the registering officer does not understand, and which is
not commonly used in the district he shall refuse to register the
documents, unless it be accompanied by a true translation into a language
commonly used in the district and also by a true copy. [STATE AMENDMENTS TAMIL NADU: [22] [Same as in West
Bengal. TAMIL NADU AND
WEST BENGAL: For modification of section 14-- See Schedule
to Act as inserted by
Tamil Nadu Act 21 of
1966 and West Bengal Act 17
of 1978.] (1) The
registering officer may in his discretion refuse to accept for registration any document in
which any interlineation, blank, erasure or alteration appears, unless the
persons executing the document attest with their signatures or initials such
interlineation, blank, erasure or alteration. (2) If
the registering officer registers any such document, he shall, at the time of
registering the same, make a note in the register of such interlineation,
blank, erasure or alteration. STATE AMENDMENTS TAMIL NADU: [23] [ In its
application to the State of Tamil Nadu, in Section 20, sub-section (1), after
the expression "persons executing the document", insert " and in
the case of document for sale of property, the persons claiming under that
document also".] (1) Where
it is, in the opinion of the [24] [State
Government], practicable to describe houses, not being houses in towns, and
lands by reference to a Government map or survey, the [25] [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 TAMIL NADU [26] [After Section
22 The following section shall be
substituted, namely:-- ? 22-A. Refusal to register certain
documents.--Notwithstanding anything contained in this Act, the registering officer shall
refuse to register any of the following documents, namely:-- (1) instrument
relating to the transfer of immovable properties by way of sale, gift,
mortgage, exchange or lease,-- (i) belonging
to the State Government or the local authority or Chennai Metropolitan
Development Authority established under section 9-A of the Tamil Nadu Town and
Country Planning Act,
1971(Tamil Nadu Act 35
of 1972); (ii) belonging
to, or given or endowed for the purpose of, any religious institution to which
the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959(Tamil Nadu Act 22 of 1959) is applicable; (iii) donated
for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board
established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958(Tamil Nadu Act XV of 1958); or (iv) of
Wakfs which are under the superintendence of the Tamil Nadu Wakf Board
established under the Wakf Act,
1995(Central Act 43 of
1995), unless a sanction in this regard issued by the competent authority as
provided under the relevant Act or
in the absence of any such authority, an authority so authorised by the State
Government for this purpose, is produced before the registering officer; (2) instrument
relating to the transfer of ownership of lands converted as house sites without
the permission for development of such land from planning authority concerned: Provided that the house sites without
such permission may be registered if it is shown that the same house site has
been previously registered as house site. Explanation I.--For the purpose of this
section ?local authority? means,-- (i) any
Municipal Corporation constituted under any law for the time being in force; or (ii) a
Municipal Council constituted under the Tamil Nadu District
Municipalities Act,
1920(Tamil Nadu Act V
of 1920) ; or (iii) a
Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu
Panchayats Act, 1994(Tamil
Nadu Act 21 of 1994) ;
or (iv) any
other Municipal Corporation, that may be constituted under any law for the time
being in force. Explanation II.--For the purpose of
this section ?planning authority? means the authority constituted under section
11 of, and includes the Chennai Metropolitan Development Authority established
under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971(Tamil Nadu Act 35 of 1972); (3) instrument relating to
cancellation of sale deeds without the consent of the person claiming under the
said sale deed.?.] [27] [After Section
22 The following Section shall be
substituted, namely:-- "22-A. Refusal to register certain
documents.-- Notwithstanding anything contained in this Act, the registering officer shall
refuse to register any of the following documents, namely:-- (1) instrument
relating to the transfer of immovable properties by way of sale, gift,
mortgage, exchange or lease,-- (i) belonging
to the State Government or the local authority or Chennai Metropolitan
Development Authority established under Section 9-A of the Tamil Nadu Town and
Country Planning Act, 1971
(Tamil Nadu Act 35 of
1972); (ii) belonging
to, or given or endowed for the purpose of, any religious institution to which
the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) is applicable; (iii) donated
for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board
established under Section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act 15 of 1958); or (iv) of
Wakfs which are under the superintendence of the Tamil Nadu Wakf Board
established under the Wakf Act,
1995 (Central Act 43
of 1995), unless a sanction in this regard issued by the competent authority as
provided under the relevant Act or
in the absence of any such authority, an authority so authorised by the
State Government for this purpose, is produced before the Registering
Officer; (2) instrument
relating to the transfer of ownership of lands converted as house sites without
the permission for development of such land from Planning Authority concerned: Provided that the house sites without
such permission may be registered if it is shown that the same house site has
been previously registered as house site. Explanation I.-- For the purpose of
this Section 'local authority' means,-- (i) any
Municipal Corporation constituted under any law for the time being in force; or (ii) a
Municipal Council constituted under the Tamil Nadu District
Municipalities Act, 1920
(Tamil Nadu Act 5 of
1920); or (iii) a
Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu
Panchayats Act, 1994 (Tamil
Nadu Act 21 of 1994);
or (iv) any
other Municipal Corporation, that may be constituted under any law for the time
being in force. Explanation II.--For the purpose of
this Section 'planning authority' means the authority constituted under Section
11 of, and includes the Chennai Metropolitan Development Authority established
under Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972); (3) instrument
relating to cancellation of sale deeds without the consent of the
person claiming under the said sale deed.".]]] [28] [After section
22 of the Registration Act, 1908 (Central Act XVI
of 1908), the following
section shall be inserted, namely: -- "22-A. Documents registration of which is opposed
to public policy.-- (1) The
State Government may, by notification in the Tamil Nadu Government 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.".] [29] [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 [30] [Tamil Nadu: After section
23A the following section shall be inserted:-- "23B. Power of State Government to
permit the registration of
documents registered in the loges at Kozhikode and in certain other areas in
French India.-- (1) The
Government may, by notification in the Fort St. George Gazette, direct
that all documents, or any class of documents, which? (a) relate
to properties situated within the loges at Kozhikode (formerly known as
Calicut), 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 purpose 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
Madras, 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." Save as in this Part otherwise
provided, every document mentioned in section 17, sub-section (1),
clauses (a), (b), (c) [31] [,(d)
and (e), section 17, sub-section (2), insofar as such document
affects immovable property,] and section 18, clauses (a), (b) [32] [(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 TAMIL NADU In Section 28 [33] [(1) in clause
(a), for the expression "clauses (a), (b), (c), (d) and (e)," the
expression "clauses (a), (b), (c), (d), (e), (f), (g), (h) and (i)"
shall be substituted;] [34] [(2) to clause
(a), as so amended, the following proviso shall be added, namely:- "Provided that every document
mentioned in clause (h) of sub-section (1) of section 17 may also be presented
for registration in
the office of the Sub-Registrar within whose jurisdiction the principal
ordinarily resides;] [35] [In the Registration Act, 1908, (Central Act XVI
of 1908) for section 28,
the following section shall be substituted, namely:-- "28. Place
for registering documents relating to land.-- Save as in this Part otherwise
provided,-- (a) every
document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and
sub-section (2) of section 17 in so far as such document affects immovable
property and in clauses (a), (b), (c) and (cc) of section 18, 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 in the State
of Tamil Nadu; and (b) any
document registered outside the State of Tamil Nadu in contravention of the
provisions of clause (a) shall be deemed to be null and void] (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 [Tamil Nadu [36] [After Section
34 After section 34-A of the
principal Act, the
following section shall be inserted, namely:-- "34-B. Procedure for Registration of document of Power
of Attorney relating to immovable property.-- Subject to the provisions of this Act, no document of Power of Attorney
relating to immovable property shall be registered, unless passport size
photographs and finger prints of the principal, the agent and of the
identifying witnesses are affixed to the document and the agent has also signed
such document.] [37] [In section 34
of the principal Act,-- (1) in
sub-section (1), after the expression "persons executing such
document", the expression "and in the case of document for sale of
property, the persons claiming under that document" shall be inserted; (2) in
sub-section (3), in clause (b), after the expression "executed the
document", the expression "or they are claiming under the
document" shall be inserted.] [38] [After
section 34 of the principal Act,
the following section shall be inserted, namely:-- "34-A. Person claiming under document
for sale of property also to sign document.-- Subject to the provisions of this Act, no document for sale of property
shall be registered under this Act,
unless the person claiming under the document has also signed such document.] (1) If,
on the death of a testator who has deposited a sealed cover under section 42,
application be made to the Registrar who holds it in deposit to open the same,
and if the Registrar is satisfied that the testator is dead, he shall, in the
applicant's presence, open the cover, and, at the applicant's expense, cause
the contents thereof to be copied into his Book No. 3. (2) When
such copy has been made, the Registrar shall re-deposit the original will. [STATE AMENDMENTS TAMIL NADU AND
WEST BENGAL: For modification of section 45, see
Schedule to Act as
inserted by Tamil Nadu Act 21
of 1966 and West Bengal Act 17
of 1978. (1) Nothing
hereinbefore contained shall affect the provisions of section 259 of the Indian
Succession Act, 1865, or of
section 81 of the Probate and Administration Act, 1881, or the power of any Court by order to compel the
production of any will. (2) When
any such order is made, the Registrar shall, unless the will has been already
copied under section 45, open the cover and cause the will to be copied into
his Book No. 3 and make a note on such copy that the original has been removed
into Court in pursuance of the order aforesaid. STATE AMENDMENTS TAMIL NADU AND
WEST BENGAL: For modification of section 46, see
Schedule as inserted by Tamil Nadu Act 21
of 1966 and West Bengal Act 17
of 1978. (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 [Tamil Nadu [39] [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), (f), (g), (h) and (i) of section 17"
shall be substituted.] (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 TAMIL NADU AND
WEST BENGAL: For modification
in section 51, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978. TAMIL NADU: [40] [In section 51 of
the principal Act, in
sub-section (1),-- (1) for
the expression "The following books", the expression "The
following books and the information storage devices" shall be substituted; (2) The
following shall be added at the end, namely:-- "C--In the office of the
Registering Officer notified by the State Government under sub-section (1) of
section 70-B-- Information storage devices as
specified in sub-section (2-A) of section 16.] (1) (a)
The day, hour and place of presentation, [41] [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 TAMIL NADU: [42] [Same as
in Pondicherry. In every office in which any of
the books hereinbefore mentioned are kept, there shall be prepared
current indexes of the contents of such books; and every entry in such indexes
shall be made, so far as practicable, immediately after the registering
officer has copied, or filed a memorandum of, the document to which
it relates. [STATE AMENDMENTS TAMIL NADU AND
WEST BENGAL: For modification to sections 54 and 55,
see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978. (1) On
every document admitted to registration,
other than a copy of a decree or order, or a copy sent to a registering officer
under section 89, there shall be endorsed from time to time the following
particulars, namely:-- (a) the
signature and addition of every person admitting the execution of the document,
and, if such execution has been admitted by the representative, assign or agent
of any person, the signature and addition of such representative, assign or
agent; (b) the
signature and addition of every person examined in reference to such document
under any of the provisions of this Act; and (c) any
payment of money or delivery of goods made in the presence of the registering
officer in reference to the execution of the document, and any admission of
receipt of consideration, in whole or in part, made in his presence in
reference to such execution. (2) If
any person admitting the execution of a document refuses to endorse the same,
the registering officer shall nevertheless register it, but shall at the same
time endorse a note of such refusal. [STATE AMENDMENTS TAMIL NADU: [43] [In section 58
of the principal Act,-- (1) in
sub-section (1), after item (a), the following item shall be inserted,
namely:-- "(aa) in the case of a document
for sale of property, the signature and addition of every person admitting the
claim under such document, and, if such claim has been admitted by the
representative, assign or agent of any person, the signature and addition of
such representative, assign or agent;"; (2) in
sub-section (2), after the expression "execution of a document", the
expression "and in the case of a document for sale of property, any person
admitting the execution of such document, or any person admitting the claim
under that document" shall be inserted.] (1) After
such of the provisions of sections 34, 35, 58 and 59 as apply to
any document presented for registration have been complied with, the registering officer
shall endorse thereon a certificate containing the word "registered",
together with the number and page of the book in which the document has been
copied. (2) Such
certificate shall be signed, sealed and dated by the registering officer, and
shall then be admissible for the purpose of proving that the document has been
duly registered in manner provided by this Act, and that the facts mentioned in
the endorsement, referred to in section 59 have occurred as therein
mentioned. [STATE AMENDMENTS TAMIL NADU For modifications to sections 60 and
61, see Schedule as inserted by Tamil Nadu Act 21 of 1966 and West Bengal Act 17 of 1978. [44] [In Section 60 In sub-section (1), for the expression
"a certificate containing the word 'registered' ", the expression
"a certificate containing the expression 'registered and duly stamped as
per the Indian Stamp Act,
1899 (Central Act II
of 1899)'" shall be substituted.] (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 TAMIL NADU: [45] [Same as in
West Bengal. [46] [In section 61
of the principal Act, in
sub-section (1), the following proviso shall be added, namely:-- "Provided that in the office of
the Registering Officer notified by the State Government under sub-section (1)
of section 70-B, the copying of the items referred to above may be done using
electronic devices like scanner.] (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 TAMIL NADU: [47] [For
sub-section (1) of section 62, substitute the following:-- "(1) When a
document is presented for registration under section 19, the translation together with
the true of the document shall be filed in the appropriate book."] Every Sub-Registrar on registering a
non-testamentary document relating to immovable property not wholly situate in
his own sub-district shall make a memorandum thereof and of the endorsement and
certificate (if any) thereon, and send the same to every other Sub-Registrar
subordinate to the same Registrar as himself in whose sub-district any part of
such property is situate, and such Sub-Registrar shall file the memorandum in
his Book No. 1. [STATE AMENDMENTS [Tamil Nadu [48] [After Section 64 The following section shall be
inserted, namely:-- "64-A. Procedure where instrument
of Power of Attorney presented in office of Sub-Registrar relates to immovable
property not situate in sub-district.-- Every Sub-Registrar on registering an
instrument of Power of Attorney including instrument of revocation or
cancellation of such Power of Attorney relating to immovable property not
situate in his own sub-district, shall make a copy and send the same together
with a copy of the map or plan (if any) mentioned in section 21, to every other
Sub-Registrar in whose sub-district the whole or any part of such property is
situate and such Sub-Registrar shall file the same in his Book No. 1: Provided that where such instrument
relates to immovable property in several districts, shall forward the same to
the Sub-Registrars concerned, under intimation to the Registrar of every
district in which any part of such property is situate.".] 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 TAMIL NADU: [49] [After PART-XI
of the principal Act, the
following PART shall be inserted, namely:-- "PART XI-A REGISTRATION OF DOCUMENTS BY
MEANS OF ELECTRONIC DEVICES. 70-A. Application of this Part This Part shall apply to the areas
only in respect of which a notification is issued by the State Government under
sub-section (1) of section 70-B. 70-B. Documents scanned by electronic
devices in areas notified by the State Government (1) The
State Government may, by notification, in the Tamil Nadu Government 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 compact disks and copies preserved
on such devices and retrieved when required. (2) Notwithstanding
anything contained 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. 70-C. 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
breakdown of the computerised system of registration: Provided that the Registering Officer
shall record the reasons in writing therefor: Provided further that the Registering
Officer shall ensure that the data and images of the documents registered due
to a breakdown of the computerised system, are duly incorporated into the
computer system, after the same is restored, in the manner prescribed by the
Inspector-General.] [50] [***] The [51] [State
Government] shall prepare a table of fees payable-- (a) for
the registration of
documents; (b) for
searching the registers; (c) for
making or granting copies of reasons, entries or documents, before on or
after registration; and of extra or additional fees
payable-- (d) for
every registration under
section 30; (e) for
the issue of commissions; (f) for
filing translations; (g) for
attending at private residences; (h) for
the safe custody and return of document; and (i) for
such other matters as appear to the Government necessary to effect the purposes
of this Act. [STATE AMENDMENTS [52] [Tamil Nadu: In its application to the State of
Tamil Nadu, after section 78, added the following new section, namely,-- "78A.Power to reduce or remit
fees.--The State Government may, if in their opinion it is necessary in the
public interest so to do, by order published in the Tamil Nadu Government
Gazette, reduce or remit, whether prospectively or retrospectively, the fees
payable in respect of any of the matters enumerated in clauses (a) to (i) of
section 78, either generally or for any particular class of cases and in
respect of any person or class of persons." All fees for the registration of documents under
this Act shall be
payable on the presentation of such documents. [STATE AMENDMENTS TAMIL NADU: [53] [After section
80, insert as under: "80A. Recovery of deficit registration fee.-- (1) Notwithstanding
anything contained in section 80, if, after the registration of a 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, as the case may be, may, on the certificate of the
registering officer, be recovered from the person who presented such document
for registration under
section 32, as an arrear of 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 inquiry
shall be commenced after the expiry of such period, after the date of registration of the document, as
may be prescribed. (2) The
certificate of the registering officer under sub-section (1) shall, subject
only 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 subsection
(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."] [54] [After Part
XIII, insert as under: "PART XIIIA OF TOUTS "80B. Powers to frame and publish
lists of touts.-- (1) Every
Registrar of a district as regards his own office and the offices subordinate
thereto and every Sub-Divisional Magistrate as regards the registration offices within his
own jurisdiction may frame and publish lists of persons proved to his
satisfaction or to the satisfaction of any Sub-Registrar as provided in section
80C, by evidence of general repute or otherwise, habitually to act as torts, and may from time
to time, alter and amend such lists. (2) No
person's name shall be included in any such list until he shall have had an
opportunity of showing cause against such inclusion. (3) Where
the name of any person is included in a list framed and published by a
Sub-Divisional Magistrate under this section, such person may, within thirty
days of the publication of the list in which his name first appears, apply in
writing to the Registrar the district for the removal of his name from such
list and the orders of the Registrar, passed after such inquiry (if any)
as he considers necessary on such application shall be final. 80C. Inquiry by a
Sub-Registrar regarding suspected touts.-- Any Registrar of a district or
Sub-Divisional Magistrate may send to any Sub-Registrar within the jurisdiction
of such authority the name of any person alleged or suspected to be a tout
and request the Sub-Registrar to hold an inquiry in regard of such
person and the Sub-Registrar shall thereupon hold an inquiry into the conduct
of that person, and, after giving him an opportunity of showing cause as
provided in sub-section (2) of section 80B, shall report to the authority who
has made the request whether the person has been proved to the satisfaction of
the Sub-Registrar to be a tout; and that authority may include the name of any
person who has been so proved to be a tout in the list of touts framed and
published by him under sub-section (1) of section 80B: Provided that such authority shall hear
such person who before his name has been so included, appears before him and
desires to be heard. 80D. Display of lists
of touts in registration offices.-- A copy of every such list
shall be conspicuously displayed in every registration office to which the same relates. 80E. Exclusion of
touts from precincts of registration offices.-- A registering officer may, by
general or special order, exclude from the precincts of his registration office any person
whose name is included in any such list. 80F. Presumption as to touts
found within precincts of registration offices.-- Every person who having been
excluded from the precincts of a registration office
under section 80E is found within the precincts of any registration office, without
written permission from the registering officer shall be deemed to be acting as
a tout for the purposes of section 82A: Provided that this section shall not
apply where such person is a party to a document intended for registration at such office or
has been directed to appear by any process of the registering officer. 80G. Arrest
and trial of touts.-- (1) Any
registering officer may, by an order in writing, direct any person named in the
order to arrest any such tout found within the precincts of the registration office. Such tout
may be arrested accordingly and shall be forthwith produced before the
registering officer. (2) If
the tout admits his offence the provisions of section 345 of the Code
of Criminal Procedure, 1973 (2 of 1974) shall be applicable, so far as may be,
to his detention, trial and punishment. (3) If
the tout does not admit his offence the provisions of section 346 of
the Code shall be similarly applicable to his detention, trial and punishment. (4) A
registering officer shall be deemed to be a Civil Court for the purposes
of sections 345 and 346 of the said Code." [55] [After Part
XIII The following Part shall be inserted,
namely:-- "PART XIII-A. OF TOUTS. 80-B. Powers to frame and publish lists
of touts.-- (1) Every
Registrar of a district as regards his own office and the offices subordinate
thereto and every Sub-divisional Magistrate as regards the registration offices within his
own jurisdiction may frame and publish lists of persons proved to his
satisfaction or to the satisfaction of any Sub-Registrar as provided in section
80-C, by evidence of general repute or otherwise, habitually to act as touts, and may from time
to time; alter and amend such lists. (2) No
person's name shall be included in any such list until he shall have had an
opportunity of showing cause against such inclusion. (3) Where
the name of any person is included in a list framed and published by a
Sub-divisional Magistrate under this section, such person may, within thirty
days of the publication of the list in which his name first appears, apply in
writing to the Registrar of the district for the removal of his name from such
list and the orders of the Registrar, passed after such inquiry (if any) as he
considers necessary on such application shall be final. 80-C. Inquiry
by a Sub-Registrar regarding suspected touts.-- Any Registrar of a district or
Sub-divisional Magistrate may send to any Sub-Registrar within the jurisdiction
of such authority the name of any person alleged or suspected to be a tout
and request the Sub-Registrar to hold an inquiry in regard to such person; and
the Sub-Registrar shall thereupon hold an inquiry into the conduct of that
person, and, after giving him an opportunity of showing cause as provided in
sub-section (2) of section 80-B, shall report to the authority who has made the
request whether the person has been proved to the satisfaction of the
Sub-Registrar to be a tout; and that authority may include the name of any
person who has been so proved to be a tout in the list of touts framed and
published by him under sub-section (1) of section 80-B: Provided that such authority shall hear
such person who, before his name has been so included, appears before him and
desires so be heard. 80-D. Display of lists of touts
in registration offices.-- A copy of every such list
shall be conspicuously displayed in every registration office to which the same relates. 80-E. Exclusion of touts from
precincts of registration offices.-- A registering officer may, by
general or special order, exclude from the precincts of his registration office any person
whose name is included in any such list. 80-F. Presumption as to touts
found within precincts of registration offices.-- Every person who having been
excluded from the precincts of a registration office
under section 80-E is found within the precincts of any registration office without
written permission from the registering officer shall be deemed to be acting as
a tout for the purposes of section 82-A: Provided that this section shall not
apply where such person is a party to a document intended for registration at such office or
has been directed to appear by any process of the registering officer. 80-G. Arrest and trial of touts.-- (1) Any
registering officer may, by an order in writing direct any person named in the
order to arrest any such tout found within the precincts of the registration office. Such tout
may be arrested accordingly and shall be for with produced before the
registering officer. (2) If
the tout admits his offence the provisions of section 345 of the Code
of Criminal Procedure, 1973 (Central Act 2 of 1974), shall be applicable, so far as may be, to his
detention, trial and punishment. (3) If
the tout does not admit his offence the provisions of section 346 of
the said Code shall be similarly applicable to his detention, trial and
punishment. (4) A
registering officer shall be deemed to be a Civil Court for the purposes
of sections 345 and 346 of the said Code.".] [56] [After Section
80 The following section shall be
inserted, namely:-- "80-A. Recovery of deficit registration fee.-- (1) Notwithstanding
anything contained in section 80, if, after the registration of a 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, as the case may be, may, on a certificate of the registering
officer, be; recovered from the person who presented such document for registration under section 32, as
an arrear of 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 inquiry
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
only 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.".] Every registering officer appointed
under this Act and
every person employed in his office for the purposes of this Act, who, being charged with the
endorsing, copying, translating or registering of any document presented or
deposited under its provisions, endorses, copies, translates or registers such
document in a manner which he knows or believes to be incorrect, intending
thereby to cause or knowing it to be likely that he may thereby cause, injury,
as defined in the Indian Penal Code (45 of 1860), to any person, shall be
punishable with imprisonment for a term which may extend to seven years, or
with fine, or with both. STATE AMENDMENTS TAMIL NADU: [57] [Same as
in Pondicherry above. 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 TAMIL NADU: [58] [Same as
in Kerala. [59] [After Section 82 The following section shall be
inserted, namely:-- "82-A. Penalty.-- Whoever acts as a tout whilst his name
is included in a list of touts framed and published under this Act shall be punishable with imprisonment
for a term which may extend to one month or with fine which may extend to two
hundred rupees or with both."] TAMIL NADU: [60] [After section
82, insert as under: "82A. Penalty.-- Whoever acts as a tout whilst his
name is included in a list of touts framed and published under this Act shall be punishable with
imprisonment for a term which may extend to one month or with fine which may
extend to two hundred rupees or with both." (1) A
prosecution for any offence under this Act coming to the knowledge of a registering officer in his
official capacity may be commenced by or with the permission of the
Inspector-General, [61] [***]
the Registrar or the Sub-Registrar, in whose territories, district or
sub-district, as the case may be, the offence has been committed. (2) Offences
punishable under this Act shall
be triable by any Court or officer exercising powers not less than those of a
Magistrate of the second class. [STATE AMENDMENTS Tamil Nadu: [62] [In section 83,
in sub-section (2) The word "Offences", the
words, figures and letter "Save as provided in section 80G, offences"
shall be substituted.] [63] [In
Section 83 In sub-section (2), for the word
"Offences", the words, figures and letter "Save as provided in
section 80-G offences" shall be substituted.] (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 TAMIL NADU: [64] [[65] [[[66] [After sub-section (4),
insert the following sub-section, namely:-- "(5) Every officer granting, a
certificate of sale of immovable property under the Madras Co-operative Land
Mortgage Banks Act, 1934,
or the rules made under the Madras Co-operative Societies Act, 1932, 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." After sub-section (5), insert as
under: "(6) Every officer
in charge of collection of the loans mentioned in subsection (1), or
sub-section (3) shall send to the registering officer to whom a copy of the order
under sub-section (1), or a copy of instrument or order under subsection (3)
has been sent, an intimation of the discharge of such loans. Such intimation
shall be in such form as may be prescribed and the registering officer shall
file the intimation in his Book No. 1." After sub-section (6), insert as
under: "(7) Every officer granting any
deed or other document purporting to be or to evidence, the grant or assignment
by the Government of land or of any interest in land, shall send a copy of such
deed or other document to the registering officer within the local
limits of whose jurisdiction the whole or any part of the land comprised in
such deed or document is situate, and such registering officer shall file the
copy in his Book No. 1." [67] [After section 89,
insert the following, namely:-- "89A. Power, to make
rules for filing copies of documents.-- (1) Same
as in Kerala. (2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for? (a) the
furnishing of true copies of documents by the person presenting the document
for registration; (b) Same
as (a) in Kerala; (c) Same
as (b) in Kerala. [68]2A. Every
Court passing an order for effecting or raising an attachment of
immovable property under the Code of Civil Procedure, 1908 (5 of 1908), shall send a copy of such order
together with the memorandum giving the details of the property to the
registering officer within the local limits of whose jurisdiction the whole or
any part of the said immovable property is situate, and such registering
officer shall file the copy of such order in his Book No. 1. (3) Same
as in Kerala. (4) Every
rule made under this section shall, as soon as possible, after it is made, be
placed on the table of both the Houses of the State Legislature, and if, before
the expiry of the session in which it is so placed or the next session, both
the Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be;
so, however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule." Note.--For Indian Registration (Filing of True
Copies) Rules, 1967, see Fort St. Geo Gazette, 11-2-1967, Pt. V, Extra., p. 1. [69] [After
section 89A, insert as under: "89B. Power to make rules
regulating the writing of documents.--The State Government may make rules
providing for the grant of licences to document writers, the terms and conditions
subject to which and the authority by whom such licences shall be granted,
the circumstances under which such licences may be revoked, and generally for
all purposes connected with the writing of documents to be presented for registration. [70] [After Section
89 The following section shall be
inserted, namely:-- "89-A. Power to make rules for
filing of copies of documents.-- (1) The
State Government may make rules for all purposes connected with the filing of
true copies of documents in the appropriate books under this Act. (2) In
particular, and without prejudice to the generality of the foregoing power,
such rules may provide for? (a) the
furnishing of true copies of documents by the person presenting the document
for registration; (b) the
manner in which true copies of documents shall be prepared; and (c) the
manner of filing of such copies. (3) All
rules made under this section shall be published in the Official Gazette and,
unless they are expressed to come into force on a particular day, shall come
into force on the day on which they are so published. (4) Every
rule made under this section shall, as soon as possible, after it is made, be
placed on the table of both Houses of the State Legislature, and if, before the
expiry of the session in which it is so placed or the next session, both Houses
agree in making any modification in any such rule or both Houses agree that the
rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.".] [71] [After Section 89 After section 89-A of the Registration Act, 1908 (Central Act XVI
of 1908), the following
section shall be inserted, namely:-- "89-B. Power to make rules
regulating the writing of documents.-- The State Government may make rules
providing for the grant of licences to document writers, the terms and
conditions subject to which and the authority by whom such licences shall be
granted, the circumstances under which such licences may be revoked, and
generally for all purposes connected with the writing of documents to be
presented for registration.] [72] [In Section 89 After sub-section (6), the
following sub-section shall be added, namely:-- "(7) Every officer granting any
deed or other document purporting to be or to evidence, the grant or assignment
by the Government, of land or of any interest in land, shall send a copy of such
deed or other document to the registering officer within the local limits
of whose jurisdiction the whole or any part of the land comprised in such deed
or document is situate, and such registering officer shall file the copy in his
Book No. 1.".] [73] [In
Section 89 After sub-section (2), the following
sub-section shall be inserted, namely:-- "(2-A) Every Court
passing an order for effecting or raising an attachment of immovable
property under the Code of Civil Procedure, 1908 (Central Act V
of 1908), shall send a copy
of such order together with the memorandum giving the details of the property
to the registering officer within the local limits of whose jurisdiction the
whole or any part of the said immovable property is situate, and such
registering officer shall file the copy of such order in his Book No. 1.] [74] [After
sub-section (5) of section 89 of the Registration Act, 1908 (Central Act XVI of 1908), the following sub-section shall
be added, namely:-- "(6) Every officer in charge of
collection of the loans mentioned in sub-section (1), or sub-section (3) shall
send to the registering officer to whom a copy of the order under sub-section
(1) or a copy of instrument or order under sub-section (3) has been sent, an
intimation of the discharge of such loans. Such intimation shall be in such
form as may be prescribed and the registering officer shall file the intimation
in his Book No. 1.] [75] [In section 89 of
the principal Act,-- (1) In
the marginal heading, after the expression "and filed", the expression
"or scanned" shall be inserted; (2) After
the expression "in his Book No. 1" wherever it occurs, the expression
"or get it scanned" shall be inserted.] Section 89A THE SCHEDULE Repeal of enactments.--[Repealed by the
Repealing Act, 1938 (1 of
1938), section 2 and Schedule] [STATE AMENDMENTS [76] [Tamil Nadu: After section 91, insert the following
Schedule, namely:-- "THE SCHEDULE [See section 52(5)] 1. In
section 19 omit the words "and also by a true copy". 2. In
section 45,-- (a) in
sub-section (1), for the words etc. "cause the contents thereof to be
copied into his Book No. 3", substitute the words, etc. "cause a true
copy of the contents thereof to be made and filed in his Book No. 3";
and (b) in
sub-section (2) for the words "copy has been made", substitute the
words "true copy has been filed". 3. In
sub-section (2) of section 46,-- (a) for
the words "unless the will has been already copied", substitute
the words "unless a true copy of the will has already been filed";
and (b) for
the words etc. "cause the will to be copied into his Book No.
3", substitute the words "cause a true copy to be made and filed in
his Book No. 3". 4. In
section 51,-- (a)
for sub-section (2), substitute the following sub-section, namely:-- "(2) In book I shall be filed-- (i)??? true copies of all documents; and (ii)??? all memoranda, registered
under sections 17, 18 and 89, which relate to immovable property, and
are not wills."; and (b) in
sub-section (3), for the words "entered all documents",
substitute the words "filed true copies of all documents". 5. In
section 54, for the words "copied or filed", substitute the words
"filed a true copy of, or". 6. In
section 55,-- (a) in
sub-section (2), for the words "every" document entered or memorandum
filed", substitute the words "every document of which a true copy or
memorandum is filed"; (b) in
sub-section (4), for the words etc. "every will and authority entered in
Book No. 3", substitute the words, etc. "every will and authority of
which a true copy is filed in Book No. 3"; and (c) in
sub-section (5), for the words "document entered", substitute the
words "document of which a true copy is filed". 7. In
sub-section (1) of section 60, for the words "the document has been
copied", substitute the words the "true copy of the document has been
filed". 8. In
sub-section (1) of section 61, omit the words "margin of". 9. In
section 62, for sub-section (1), substitute the following:-- "(1) When a
document is presented for registration under
section 19, the translation together with the true copy of the document be
filed in the appropriate book." [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 Tamil
Nadu Act 38 of 1987,
Section 3 (w.e.f. 18-1-1988). [6]
Inserted by
the Registration (Tamil
Nadu Second Amendment) Act,
2000. [7]
Substituted by
the A.O. 1950, for "Provincial Government". [8]
Substituted by
the A.O. 1950, for "Provincial Government". [9]
Substituted by
the A.O. 1950, for "Provincial Government". [10]
Inserted
by Registration (Tamil
Nadu Second Amendment) Act,
2000. [11]
Added by Act 21 of 1929, section 10. [12]
Substituted by
the A.O. 1950, for "Provincial Government". [13]
Substituted by
the A.O. 1937, for "Local Official Gazette". [14]
Inserted by Act 48 of 2001, section 3 (w.e.f.
24-9-2001). [15]
Substituted
by Act 48 of 2001,
section 3, for "any document" (w.e.f. 24-9-2001). [16]
Substituted
by Act 21 of
1929, 2, for "and any award". [17]
Substituted by
the A.O. 1950, for "Crown". [18]
Inserted
by Act 39 of 1948,
section 2. [19]
Inserted by Act 2 of 1927, section 2. [20]
Vide Tamil
Nadu Act 38 of 1987,
section 3 (w.e.f. 1-1-1988). [21]
Substituted
by Registration (Tamil
Nadu Amendment) Act,
2012 (Act 29 of 2012). [22]
Vide Tamil
Nadu Act 21 of 1966. [23]
Inserted by
the Registration (Tamil
Nadu Amendment) Act, 2000. [24]
Substituted by
the A.O. 1950, for "Provincial Government". [25]
Substituted by
the A.O. 1950, for "Provincial Government". [26]
Substituted by Registration (Tamil Nadu
Amendment) Act, 2008 (Act 02 of 2009). [27]
Substituted
by Registration (Tamil
Nadu Amendment) Act,
2009 (Act 02 of 2009). [28]
Inserted
by Registration (Tamil
Nadu Amendment) Act, 1994. [29]
Inserted
by Act 15 of 1917,
Section 2. [30]
Vide Tamil
Nadu Act 17 of 1952,
Section 2 (w.e.f. 14-1-1953) as adapted by Tamil Nadu A.L.O., 1954. [31]
Substituted
by Act 33 of 1940,
section 3, for "and (d)". [32]
Substituted by Act 33 of 1940, section 3, for
"and (c)". [33]
Substituted
by Registration (Tamil
Nadu Amendment) Act,
2012 (Act 29 of 2012). [34]
Added by Registration (Tamil Nadu
Amendment) Act, 2012 (Act 29 of 2012). [35]
Inserted by
the Registration (Tamil
Nadu Amendment) Act, 1997. [36]
Inserted by Registration (Tamil Nadu
Amendment) Act, 2012 (Act 29 of 2012). [37]
Inserted by
the Registration (Tamil
Nadu Amendment) Act, 2000. [38]
Inserted by
the Registration (Tamil
Nadu Amendment) Act, 2000. [39]
Substituted
by Registration (Tamil
Nadu Amendment) Act,
2012 (Act 29 of 2012). [40]
Inserted by
the Registration (Tamil
Nadu Second Amendment) Act,
2000. [41]
Inserted
by Act 48 of
2001, section 7 (w.e.f. 24-9-2001). [42]
Vide Tamil
Nadu Act 21 of 1966,
section 2 (w.e.f. 1-4-1967). [43]
Inserted by the Registration (Tamil Nadu
Amendment) Act, 2000. [44]
Substituted
by Indian Stamp and the Registration (Tamil
Nadu Amendment) Act,
2006 (Act 13 of 2008). [45]
Vide Tamil
Nadu Act 21 of 1966,
section 6 and Schedule. [46]
Inserted by
the Registration (Tamil
Nadu Second Amendment) Act,
2000. [47]
Vide Tamil
Nadu Act 21 of 1966,
section 6 and Schedule. [48]
Substituted
by Registration (Tamil
Nadu Amendment) Act,
2012 (Act 29 of 2012). [49]
Inserted by the Registration (Tamil Nadu Second
Amendment) Act, 2000. [50]
The words
"Subject to the control of the "Governor-General in Council"
omitted by Act 38 of
1920, section 2. and Schedule I. [51]
Substituted
by the A.O. 1950, for "Provincial Government". [52]
Vide Tamil
Nadu Act 1 of 1998,
section 2 (w.e.f. 2-3-1998). [53]
Vide Tamil
Nadu Act 31 of 1982,
section 2 (w.e.f. 5-9-1983). [54]
Vide Tamil Nadu Act 38 of 1987, section 3 (w.e.f.
1-1-1988). [55]
Inserted
by Indian Stamp and the Registration (Tamil
Nadu Amendment) Act,
1987 (Act 38 of 1987). [56]
Inserted
by Registration (Tamil
Nadu Amendment) Act,
1982 (Act 31 of 1982). [57]
Vide Tamil
Nadu Act 21 of 1966,
section 3 (w.e.f. 1-4-1967). [58]
Vide Tamil
Nadu Act 21 of 1966,
section 4 (w.e.f. 1-4-1967). [59]
Inserted
by Indian Stamp and the Registration (Tamil
Nadu Amendment) Act,
1987 (Act 38 of 1987). [60]
Vide Tamil
Nadu Act 38 of 1987,
section 3 (w.e.f. 1-1-1988). [61]
The words
"the Branch Inspector-General of Sindh", omitted by A.O. 1937. [62]
Vide Tamil
Nadu Act 38 of 1987,
section 3 (w.e.f. 1-1-1988). [63]
Substituted
by Indian Stamp and the Registration (Tamil
Nadu Amendment) Act,
1987 (Act 38 of 1987). [64]
Vide Tamil
Nadu Act 3 of 1936,
section 2 (w.e.f. 21-1-1936). [65]
Vide Tamil
Nadu Act 31 of 1974,
section 2 (w.e.f. 1-10-1974). [66]
Vide Tamil
Nadu Act 31 of 1982,
section 3 (w.e.f. 5-9-1983). [67]
Vide Tamil
Nadu Act 21 of 1986,
section 5 (w.e.f. 1-4-1967). [68]
Inserted by
Tamil Nadu Act 3 of
1987, section 2 (w.e.f. 1-4-1987). [69]
Vide Tamil
Nadu Act 26 of 1981,
section 2. [70]
Inserted
by Indian Registration (Madras
Amendment) Act, 1966 (Act 21 of 1966). [71]
Inserted by Registration (Tamil Nadu
Amendment) Act, 1981 (Act 26 of 1981). [72]
Added by Registration (Tamil Nadu
Amendment) Act, 1982 (Act 31 of 1982). [73]
Inserted
by Registration (Tamil
Nadu Amendment) Act,
1986 (Act 03 of 1987). [74]
Inserted by
the Registration (Tamil
Nadu Amendment) Act, 1974. [75]
Inserted by
the Registration (Tamil
Nadu Second Amendment) Act,
2000. [76]
Vide Tamil Nadu Act 21 of 1966, section 6
(w.e.f. 1-4-1967).REGISTRATION ACT, 1908 (TAMIL NADU AMENDMENT)