Major Provisions of The Registration Act, 19082 min read
Published on: 14 April 2023 at 13:06 IST
The Registration Act of 1908 is a legislative enactment in India that prescribes the mandatory registration of various documents related to immovable property.
The statute sets forth significant provisions governing the registration process, including the requirement to register certain legal instruments, appointment of Registrars to oversee registration, payment of fees for registration, legal presumptions regarding registered documents, and the public inspection of registered documents.
Additionally, the act imposes penalties for non-compliance, while seeking to ensure the transparency and accuracy of property transactions.
Purpose of “The Registration Act, 1908”
The Registration Act of 1908 was enacted with the primary objective of creating a standardized system of registration for documents related to the transfer, lease, or mortgage of immovable property.
The act intends to maintain the credibility and authenticity of property transactions by making the registration of specific legal documents such as sale deeds, lease deeds, and mortgage deeds mandatory.
Furthermore, the act introduces a legal assumption that registered documents are genuine and valid, with penalties in place for non-compliance. The act is intended to encourage openness and precision in property transactions while deterring deceitful practices.
The Registration Act of 1908 is a law in India that regulates the registration of various documents related to immovable property. Among its major provisions are:
- Compulsory registration: The act requires certain documents, such as sale deeds, gift deeds, mortgage deeds, lease deeds, and power of attorney documents, to be registered.
- Time of registration: All documents must be registered within four months of their execution, and failure to do so may result in a penalty.
- Appointment of registrars: Registrars are appointed by the state government for different districts or sub-districts, and are responsible for registering documents and maintaining records.
- Fees: A fee is charged for document registration, with the amount varying according to the type and value of the property.
- Power of attorneys: The act also mandates the registration of power of attorney documents that authorize a person to act on behalf of another in property transactions.
- Legal presumption: The act establishes a legal presumption that any document registered under it is valid, genuine, and contains true facts.
- Public inspection: Registered documents are available for public inspection, and certified copies can be obtained by paying a prescribed fee.
- Consequences of non-registration: Documents that should be registered but are not cannot be used as evidence in court and cannot establish any right or title to the property.
Overall, the Registration Act of 1908 seeks to ensure transparency and accuracy in property transactions in India.
Latest The Registration Act, 1908 with Updated Amendments