1. REGISTRATION ACT, 1908
SrinivasuluVemula ,dig registration
Hyderabad

2. constitution
 VII Schedule - List III – Concurrent list
 Entry 6 –Transfer of Property other than agricultural land;
registration of deeds and documents.
 RegistrationAct, 1908 is in the concurrent list so both the
Central and State legislation got the competence to make the
laws on the subject.

3. Scheme of the Act
 Divided into 15 parts
 Total 93 sections
 States have framed their own Rules to govern the Act
 Certain States have Standing Orders to further clarify and guide
the Staff & Officers in implementation

4. SALIENT FEATURES
 Offshoot ofT.P.Act.
 Intended to give notice to the world
 Preservation of record for eternity
 Certain copies are public record
 Arrest the frauds in matters of real estate & banking
transactions

5. Brief history of the Act
 RegistrationAct, 1864 (Act XVI of 1864)
 Act III of 1877
 The present Act XVI of 1908 – its preamble
“An Act to consolidate the enactments relating to the Registration
of Documents – Whereas it is expedient to consolidate the
enactment relating to the registration of documents; it is hereby
enacted as follows:”

6. Short title, extent and commencement
 (1)ThisAct may be called the RegistrationAct, 1908.
 (2) It extends to the whole of India, except the State of Jammu
and Kashmir:
Provided that the State Government may exclude any districts or
tracts of country from its operation.
(3) It shall come into force on the first day of January, 1909.
* Indian – was omitted by the Registration (Amendment) Act,
1969.

7. Important Parts & Sections
 Section 2 – Definitions
 Part II – Registration Establishment (S.3 to 16)
 Part III – Registerable Documents.
S.17 - Documents of which registration
compulsory
S.18 - Documents of which registration
optional
S.19 – Documents in language not understood by Registering
Officer
S.20 – Documents containing interlineations, blanks, erasures, or
alterations

8. Prohibition of registration
 S.22A – registration of certain documents is
opposed to public policy

9. Part IV –Time of presentation
 S 23 to 27.
 Within four months from date of execution.
 With fine it may be extended to a maximum of another 4
months (S.25 &34).
 Docts executed out of India – within 4 months from date of first
receipt in India.(S 26)
 Wills may be presented or deposited at any time (S.27)

10. PartV – Place of registration
 Relating to land – jurisdiction registrar/S.R (S 28)
 Other documents – Any SR/Registrar (S 29)
 Registration by Registrar (S 30)
 Registration/acceptance at private residence (S 31)
 Anywhere registration within the district – as an experiment
being implemented inVizag District.

11. PartVI - Presentation
 Persons competent – Executant/Claimant/Attested Power of
Attorney Agent (S.32)
 Compulsory affixing of photograph and thumb impressions –
sale deeds – all the buyers and vendors; and other documents –
presentent (S.32A)
 Power recognizable u/S.32 – Attested by SR/Registrar in case
the principal resides in India where this Act is in force
Magistrate – the parts of India where the Act is not force
Notary/Consul/ViceConsul – Outside India. (S.33)

12. Enquiry before registration – S.34 & 35
 Limited enquiry powers
 Enquire
a) whether it was executed by person who purports
to execute.
b) satisfy regarding identity of the person appeared
as executant
c) representative/agent/assign if appeared then to
verify his right to appear

13.  Refuse in case – i) denial of execution by executant
ii) executant appears to be minor,
idiot or lunatic;
iii) executant is dead and his
representative or assign denies
its execution. (S.35)

14. Enforcing appearance of executants
and witnesses
 S.36 – Procedure where appearance of executant or witness is
desired
 S.37 – Officer or Court to issue and cause service of summons.
 S.38 – Persons exempt from appearance at registration office –
i) bodily infirm persons;
ii) persons in jail under civil or criminal
process; or
iii) persons exempt by law from personal
appearance - the registering officer shall go to house; or to
the jail.
S.39 – Law as to summonses, commissions and witnesses

15. Persons entitled to present wills and
authorities to adopt (S.40)
 Testator; or
 after his death any person claiming as executor or otherwise
under a will

16. Registration & Deposit of wills
 Will enquiry (S. 41)
 Deposit of will in sealed cover (S.42)
 Procedure on deposit of wills (S.43)
 Withdrawal of sealed cover deposited (S.44)
 Procedure on death of depositor (S.45) – copy in book-3 and
redeposit the original will.

17. Part IX – Effects of Registration and
Non-Registration
 Registered document operates from the date of execution
(S.47)
 Priority over oral agreements (S.48)
 Compulsory registrerable documents if not registered –
a) will not affect any immovable property
b)be received as evidence of any
transaction affecting such property (S 49)

18. Proviso empowering the unregistered
documents to be taken as evidence
 Provided that an unregistered document affecting immovable
property and required by this Act, or the T.P Act, 1882 to be
registered may be received as evidence of contract in a suit for
specific performance under the Specific Relief Act, 1877 or as
evidence of part performance of a contract for the purposes of
Section 53A of T.P.Act, 1882 or as evidence of any collateral
transaction not required to be effected by registered
instrument (S.49)

19. Books (S 51)/Indexes (S 55)
 Book I non-testamentary documents relating to immovable
properties
 Book 2 Refusal to register
 Book 3 wills and authorities to adopt
 Book 4 Miscellaneous register
 Book 5 (Register of Deposit of wills)
 Indexes (S.55) I, II, III and IV.

20. Public record
 Allow inspection of records, books and indexes by the public
(S.57)
 Particulars to be endorsed on documents admitted to
registration (s.58)
 Endorsements to be dated and signed by Registering Officer
 Certificate of Registration (s. 60)
 Endorsements and certificates to be copies and document
returned (S.61)

21. Part XI A – Registration of documents
by means of electronic devices
 S.70-A to S.70-C – CARD project – statutory backing

22. Refusal/application/appeal
 Reasons for refusal to be recorded (s.71)
 Appeal to Registrar on the grounds other than denial of
execution (S.72)
 Application to Registrar on the ground of denial of execution
(S.73)
 Procedure and orders of Registrar (S.74,75 and 76)
 Suit in case of order of refusal by Registrar (S.77)

23. Fee for regn, searches and copies
 Fee to be fixed by the State Government (S.78)
 Publication of fee (S.79)
 Fees payable on presentation (S.80)
 Recovery of deficit registration fee (S.80-A)

24. penalties
 Penalty for incorrectly endorsing, copying, translating or
registering documents with intent to injure (S.81)
 Penalty for making false statements, delivering false copies or
translation, false personation and abetment (S.82)
 Registering officer may commence prosecution (S.83)
 Registering Officers to be deemed public servants (S.84)

25. INDIAN STAMP ACT, 1899
 Constitution – entries. It appears in Central List, State List and concurrent list.
 Entry 44 of List III of Schedule VII of Indian Constitution – Stamp duties other
than duties or fees collected by means of judicial stamps, but not including
rates of stamp duty
 Entry 63 of List II of Schedule VII of Indian Constitution – Rates of stamp duty in
respect of documents other than those specified in the provisions of List I with
regard to rates of stamp duty.
 Entry 91 of List I of Schedule VII of Indian Constitution – Rates of stamp duty in
respect of bills of exchange, promissory notes, bills of lading, letters of credit,
policies of insurance, transfer of shares, debentures, proxies and receipts.
 Fiscal Act.
 Interpretation must be strict and according to the language
 Revenue generation as well as to arrest the frauds

26. SCHEME OFTHE ACT
 8 Chapters and 78 Sections
 States Like Maharashtra, Karnataka have their own Acts.
 Many States have their own Schedule to cover other than 10
items covered under List I
 We do not have State StampAct, we are following Indian
StampAct. But we have added Schedule IA for the instruments
other than the 10 listed in the List I.
 Taxation law – direct or indirect

27. Charging sections
 S. 3 – Date of execution.
 S. 4 – several instruments used to complete one transaction
 S.5 – Instruments relating to distinct matters
 S.6 – Instruments coming under several descriptions.
 S.9 – Powers to reduce the stamp duty in government

28. Stamps and the mode of using them
 S.10 – duties how to be paid
 S.10A – payment of duty in cash
 S.11 – Use of adhesive stamps
 S.12 – cancellation of adhesive stamps
 S.13 – stamped with impressed stamps
 S.14 – Only one instrument to be on same stamp
 S.16 – denoting duty.

29. Time of stamping of instruments.
 Executed in India – Before or at the time of execution of
Instrument.(S.17)
 Outside India – within 3 months from the date of first receipt in
India.(S.18)
 Outside A.P. – Differential duty within 3 months from the date
of first receipt in A.P.(S.19A)

30.  S.27 – Facts affecting duty to be set forth in instrument
 S.29 – Duties by whom payable.
 S.31 – Adjudication as to proper stamp duty
 S.32 – Certificate of Collector

31. Inadmissible in evidence
 Impounding (S.33)
 Instruments not duly stamped inadmissible in evidence (S 35).
 Proviso prescribes 10 times penalty;
 S.38 – Instruments impounded how dealt with
 Collector’s power to stamp impounded instrument (S.40)

32.  S.41 empowers to collect the deficit stamp duty without any
penalty within one year.
 S.41A empowers to collect the deficit duty from the parties
after registration.
 S.42 – endorsement on instruments on which duty has been
paid under Sections 35, 40, 41 or 41A
 S.45 – Power to CCRA to refund penalty or excess duty in
certain cases.
 S. 47A empowers determination of market value by the
Collector

33.  S. 48 – recovery through coercive process
 S.49 to 55 – refund of stamp duty in certain cases
 S.56 – Control of CCRA – decisions of the CCRA
 S.57 – CCRA may refer the cases to High Court

34. Criminal offences and procedure
 S.62 – Penalty for executing instrument not duly stamped
 S.63 – Penalty for failure to cancel adhesive stamp
 S.64 – Penalty for omission to comply with provisions of Section
27.
 S.64A – Recovery of amount of deficit stamp duty
 S.70 – Institution and conduct of prosecution.
 S.73 – Books etc. to be kept open for inspection – public offices
audit by officers

35. www.registrationacts.in
 To get immediate information on the matters relating to
Registration, Stamp, marriages, firms and societies in
Telangana andAndhra Pradesh States refer above site
 www.registration.telangana.gov.in