1.
Introduction
Registration
Act deals with the registration or non-registration of documents. All sorts of
documents are not compulsorily registerable in the Registration Act there are
documents which require Registration. Documents required under Registration Act
to be registered if they are not so registered loose evidentiary value and
shall not be admitted in evidence.
2.
Relevant Provisions
Section
17 Registration Act 1908 describes of all those documents of which registration
is compulsory.
3.
Meaning of Document
An
instrument on which is recorded, by means of letters, figures or marks, the
original, official, or legal form of something which may be evidentially used.
5.
Object of Registration
The
main object of the registration is the maintenance of the collection of the
land revenue or to give the security to the person concerned.
6. Documents of which Registration is compulsory
Following
documents should be registered;
(i)
Gift of Immoveable Property
Instruments
should be registered when such instruments are about gift of immoveable
property.
(ii)
Leases of Immoveable Property
Following
points are important for explanation of registration of lease of immoveable
property;
(a)
Lease From Year to Year
Lease
of immoveable property should be registered when lease is from year to year.
(b)
Lease for that term, which exceeds one year
Lease
of immoveable property should be registered when such lease is for that term,
which exceeds one year. It reveals that lease for life should also be
registered.
(c)
Lease, which reserves a yearly rent
Lease
of immoveable property should be registered when such lease reserves a yearly
rent.
(iii)
Non-testementary Instruments
Following
non-testementary instruments should be registered;
(a)
Creation, Declaration, Assignment, Limitation or Extinguishment of Right, Title
or interest
Non-testementary
instruments should be registered when such instruments purport or operate to
create, declare, assign, limit or extinguish any vested or contingent right,
title or interest of value of one hundred rupees and upwards to or in
immoveable property in present or future.
(b)
Acknowledgement of Receipt or Payment of consideration
Non-testementary
instruments should be registered, when such instruments acknowledge receipt or
payment of any consideration on account of creation, declaration, assignment,
limitation or extinction of any vested or contingent right, title or interest
of value of one hundred rupees and upwards to or immoveable property.
(c)
Decree or Order of court or Award
Non-testamentary
instruments should be registered when such instruments transfer or assign any
decree or order of a court or any award, which purports or operates to create,
declare, assign, limit or extinguish any vested or contingent right, title or
interest of value of one hundred rupees and upwards to or in immoveable
property in present or in future.
(iv)
Dower-deed
Dower-deed
should be registered when dower-deed creates that interest of which value is
more than one hundred rupees.
(v)
Some certain Deeds
Following
deeds should be registered when their value is one hundred rupees or more than
one hundred rupees;
(a) Waqf-deed
(b) Title-deed
(c) Partition-deed
(d) Sale-deed
(e) Donation-deed
(f) Partnership-deed
(g) Exchange-deed
(h) Agriculture loan-deed
(i) Power of attorney
(vi)
Mortgage-deed
Mortgage-deed
should be registered when mortgage-money is hundred rupees or more than hundred
rupees.
(vii)
Compromise-deed
Following
points are important for explanation of registration of compromise-deed;
(a)
Non-implementation of Compromise
Compromise-deed
should be registered when application has been filed in court for compromise,
but court has implemented compromise.
(b)
In Case of Dismissal of Suit
Compromise-deed
or compromise-decree should be registered in that situation when court has
given order that compromise is affected, but suit is dismissed, and when value
of compromise-deed or compromise-decree is one hundred rupees or more than one
hundred rupees.
(viii)
Perpetual Lease
Perpetual
lease should be registered.
(ix)
Debenture
Debenture
should be registered when it creates charge on immoveable property.
Conclusion
To
conclude, it can be stated that all documents are not needed to be registered
according to Registration Act. Clear distinction has been provided between
compulsory and optional registration. In fact, registration has been made
compulsory for those documents, which are in relation to immoveable property.
On the other hand, registration has been property. On the other hand,
registration has been made optional for those documents, which are in relation
to moveable property.
thanks boss
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