According to section 18 of the Registration Act of 1908, it is not mandatory to register a document, but you can register a document if you wish. Below is a list of some of the documents. It was found that two deeds of sale were signed in respect of this property. The applicant brought an action on 31 March 1989 to consider him the rightful owner of the property claimed. The appellant first came into possession of this action as a tenant and later as a buyer in accordance with the plaintiff`s act. The Supreme Court invoked section 32 of the Act and concluded that, apart from the proposed exceptions in sections 31, 88 and 89 of the Act, if the record is registered, whether registration of such a document is mandatory or optional, it would be either mandatory: section 18 of this Act lists the following documents: Who can be registered under this law: The registration of a document is a process of registration of documents by an authoritative official in order to give validity and authenticity to a document. In accordance with article 23 of this Act, no document other than a testamentary document shall be admitted for registration unless it is submitted within four months of the date of their execution. If the document is issued by several persons at different times, this document must be submitted for registration and re-registration within four months of the date of each execution (§ 24). (f) Documents of contracts for the transfer of immovable property for consideration within the meaning of section 53 A of the Transfer of Property Act 1882, signed on or after the entry into force of the Registration (Amendment) Act 2001 and other related laws. (iii) by the authorized representative of such a person, who has a duly authorized power of attorney before the competent authority in accordance with the law. From a simple reading of article 32, it is understandable that both parties to a deed of sale do not have to be present before the authority concerned in accordance with the law. And since the act of transfer did not fall within the exceptions set out in article 32, the Supreme Court ruled on the case without interfering with the Supreme Court`s decision, clarifying that article 32 does not require the presence of both parties to a deed of sale when it is handed over to the relevant authority for registration under the law. The unregistered document can only be used by the plaintiff in an action in possession and not in a repurchase action to prove the nature of the possession.
Therefore, section 49 of the Act cannot be used to take advantage of benefits in a takeover procedure. The purpose of the security is a purpose other than the purpose of creating, assigning, declaring, erasing or restricting a right to the immovable; Documents requiring mandatory registration under the Registration Act 1908 may be used for collateral purposes. In the case of Tek Bahadur Bhujil v. Debi Singh Bhujil AIR 1966 SC 292, the court ruled that if a document relating to the family agreement is drawn up in writing for the purpose of using it as evidence, such a document would require mandatory registration, since the document would be a property document declaring for the future the various rights, claims or characteristics, which each family member would acquire and enjoy. In accordance with section 28 of this Act, all documents relating to immovable property must be submitted for registration to the office of the Deputy Registrar, in whose sub-district all or part of the property is situated. The official may, in special circumstances, participate in the home of any person who wishes to file a will or submit a document for registration (§ 31). Registering a document gives the document validity and authenticity. Saving a document offers many advantages. In India, a document can be registered under the Registration Act 1908. Often, it is mandatory to register a document to complete the transaction. Then the question arises, is it mandatory to save all documents? In this article, we will examine the documents that must be forcibly registered using certain cases (vi) a decree or order of a court 13 [with the exception of a decree or order expressly issued on the basis of a compromise and including property other than that which is the subject of the action or proceeding;] or in the case of Thualsidhara & Another v.
And others, the Supreme Court noted that a written document relating to a family settlement or family arrangement without registration can be used as confirmatory evidence to explain the agreement reached and the conduct of the parties. (1) The following documents are registered if the property to which they relate is situated in a district in which and after the date on which Act XVI, 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871 or this Indian Registration Act came into force, Namely:- The Registration Act 1908 deals with decrees relating to the registration of documents. Registration is the procedure by which all documents are registered by a recognized official along with other information necessary to ensure transparency and authenticity. Article 17(1) of the Law provides for the compulsory registration of certain documents, which read as follows: PROVIDED that, by decision published in the Official Journal, the Land Government may exempt from the application of this Subsection all leases concluded in a district or part of a district, the duration of which does not exceed five years, and the annual rent reserved in the Official Gazette, which shall not exceed fifty rupees. In that case, the court ruled that a general power of attorney cannot be used to transfer ownership. The court also noted that the Registration Act of 1908 was enacted to ensure order, discipline and public disclosure regarding real estate-related transactions, as well as protection against fraud and falsification of transfer documents. The Supreme Court in H.P. Puttaswamy v. Thimmamma & Ors CIVIL APPEAL No. 3975 OF 2010 has determined whether the pretext of the buyer of a property before the competent authority is required by law if the registration of a deed in the transfer is carried out in accordance with the law. The dispute in this case concerned a 4,500-square-foot plot of land in the village of Hittanahalli Koppalu in Malavallu Taluk, Karnataka (« Suit Property »).
In accordance with article 32 of this law, all documents to be registered under this law must be submitted to the competent registrar by: In accordance with this law, you can register a document in the office of the sub-registrar of the sub-district. If the document relates to the country, you can register it with the office of the sub-registrar of the sub-district under whose jurisdiction the country is located in accordance with Article 28. of this Act. You can also register the documents at the sub-registry office where the document was executed in accordance with Article 29 of the Act. . . .