The Registration Act, 1908 – Table of Contents

The Registration Act, 1908 (Act No. 16 of 1908) consolidates the enactments relating to the registration of documents in India. It establishes the registration machinery of Inspectors-General, Registrars and Sub-Registrars, prescribes which documents must or may be registered, governs the time, place and manner of presenting documents for registration, the registration of wills and authorities to adopt, the deposit of wills, the legal effects of registration and non-registration, the duties and controlling powers of registering officers, the procedure on refusal to register, fees, penalties, and miscellaneous and exemption provisions. It came into force on 1 January 1909 and applies to the whole of India.

PART I — PRELIMINARY

• Section 1 — Short title, extent and commencement
• Section 2 — Definitions

PART II — OF THE REGISTRATION-ESTABLISHMENT

• Section 3 — Inspector-General of Registration
• Section 4 — [Repealed]
• Section 5 — Districts and sub-districts
• Section 6 — Registrars and Sub-Registrars
• Section 7 — Offices of Registrar and Sub-Registrar
• Section 8 — Inspectors of Registration offices
• Section 9 — [Repealed]
• Section 10 — Absence of Registrar or vacancy in his office
• Section 11 — Absence of Registrar on duty in his district
• Section 12 — Absence of Sub-Registrar or vacancy in his office
• Section 13 — Report to State Government of appointments under sections 10, 11 and 12
• Section 14 — Establishments of registering officers
• Section 15 — Seal of registering officers
• Section 16 — Register-books and fire-proof boxes
• Section 16A — Keeping of books in computer floppies, diskettes, etc.

PART III — OF REGISTRABLE DOCUMENTS

• Section 17 — Documents of which registration is compulsory
• Section 18 — Documents of which registration is optional
• Section 19 — Documents in language not understood by registering officer
• Section 20 — Documents containing interlineations, blanks, erasures or alterations
• Section 21 — Description of property and maps or plans
• Section 22 — Description of houses and land by reference to Government maps or surveys

PART IV — OF THE TIME OF PRESENTATION

• Section 23 — Time for presenting documents
• Section 23A — Re-registration of certain documents
• Section 24 — Documents executed by several persons at different times
• Section 25 — Provision where delay in presentation is unavoidable
• Section 26 — Documents executed out of India
• Section 27 — Wills may be presented or deposited at any time

PART V — OF THE PLACE OF REGISTRATION

• Section 28 — Place for registering documents relating to land
• Section 29 — Place for registering other documents
• Section 30 — Registration by Registrars in certain cases
• Section 31 — Registration or acceptance for deposit at private residence

PART VI — OF PRESENTING DOCUMENTS FOR REGISTRATION

• Section 32 — Persons to present documents for registration
• Section 32A — Compulsory affixing of photograph, etc.
• Section 33 — Power-of-attorney recognisable for purposes of section 32
• Section 34 — Enquiry before registration by registering officer
• Section 35 — Procedure on admission and denial of execution respectively

PART VII — OF ENFORCING THE APPEARANCE OF EXECUTANTS AND WITNESSES

• Section 36 — Procedure where appearance of executant or witness is desired
• Section 37 — Officer or Court to issue and cause service of summons
• Section 38 — Persons exempt from appearance at registration-office
• Section 39 — Law as to summonses, commissions and witnesses

PART VIII — OF PRESENTING WILLS AND AUTHORITIES TO ADOPT

• Section 40 — Persons entitled to present wills and authorities to adopt
• Section 41 — Registration of wills and authorities to adopt

PART IX — OF THE DEPOSIT OF WILLS

• Section 42 — Deposit of wills
• Section 43 — Procedure on deposit of wills
• Section 44 — Withdrawal of sealed cover deposited under section 42
• Section 45 — Proceedings on death of depositor
• Section 46 — Saving of certain enactments and powers of Courts

PART X — OF THE EFFECTS OF REGISTRATION AND NON-REGISTRATION

• Section 47 — Time from which registered document operates
• Section 48 — Registered documents relating to property when to take effect against oral agreements
• Section 49 — Effect of non-registration of documents required to be registered
• Section 50 — Certain registered documents relating to land to take effect against unregistered documents

PART XI — OF THE DUTIES AND POWERS OF REGISTERING OFFICERS

(A) As to the Register-books and Indexes

• Section 51 — Register-books to be kept in the several offices
• Section 52 — Duties of registering officers when document presented
• Section 53 — Entries to be numbered consecutively
• Section 54 — Current indexes and entries therein
• Section 55 — Indexes to be made by registering officers, and their contents
• Section 56 — [Repealed]

(B) As to the procedure on admitting to registration

• Section 57 — Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries
• Section 58 — Particulars to be endorsed on documents admitted to registration
• Section 59 — Endorsements to be dated and signed by registering officer
• Section 60 — Certificate of registration
• Section 61 — Endorsements and certificate to be copied and document returned
• Section 62 — Procedure on presenting document in language unknown to registering officer
• Section 63 — Power to administer oaths and record of substance of statements

(C) Special duties of Sub-Registrar

• Section 64 — Procedure where document relates to land in several sub-districts
• Section 65 — Procedure where document relates to land in several districts

(D) Special duties of Registrar

• Section 66 — Procedure after registration of documents relating to land
• Section 67 — [Omitted]

(E) Of the controlling powers of Registrar and Inspector-General

• Section 68 — Power of Registrar to superintend and control Sub-Registrars
• Section 69 — Power of Inspector-General to superintend registration offices and make rules
• Section 70 — Power of Inspector-General to remit fines

PART XII — OF REFUSAL TO REGISTER

• Section 71 — Reasons for refusal to register to be recorded
• Section 72 — Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution
• Section 73 — Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution
• Section 74 — Procedure of Registrar on such application
• Section 75 — Order by Registrar to register and procedure thereon
• Section 76 — Order of refusal by Registrar
• Section 77 — Suit in case of order of refusal by Registrar

PART XIII — OF THE FEES FOR REGISTRATION, SEARCHES AND COPIES

• Section 78 — Fees to be fixed by State Government
• Section 79 — Publication of fees
• Section 80 — Fees payable on presentation

PART XIV — OF PENALTIES

• Section 81 — Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure
• Section 82 — Penalty for making false statements, delivering false copies or translations, false personation, and abetment
• Section 83 — Registering officers may commence prosecutions
• Section 84 — Registering officers to be deemed public servants

PART XV — MISCELLANEOUS

• Section 85 — Destruction of unclaimed documents
• Section 86 — Registering officer not liable for thing bona fide done or refused in his official capacity
• Section 87 — Nothing so done invalidated by defect in appointment or procedure
• Section 88 — Registration of documents executed by Government officers or certain public functionaries
• Section 89 — Copies of certain orders, certificates and instruments to be sent to registering officers and filed
• Section 90 — Exemption of certain documents executed by or in favour of Government
• Section 91 — Inspection and copies of such documents
• Section 92 — [Repealed]
• Section 93 — [Repealed]

SCHEDULE

• The Schedule — [Repealed]

Note: The Registration Act, 1908 received assent on 18 December 1908 and came into force on 1 January 1909, consolidating earlier enactments including Act No. XVI of 1864 and the Indian Registration Acts of 1866, 1871 and 1877. It has since been amended by, among others, the Indian Registration (Amendment) Act, 1929, the Registration and Other Related Laws (Amendment) Act, 2001, and various State amendments. This site’s build-out is now complete across all fifteen Parts, covering all 91 substantive sections (Sections 4, 9, 56 and 67 having been repealed or omitted, and Sections 92, 93 and the Schedule standing repealed).