THE REGISTRATION ACT, 1908 [Act No. 16 of Year 1908, dated 18th.

Dece

!er, 1908"

An Act to consolidate the enactments relating to the registration of documents. WHEREAS it is expedient to consolidate the enactments relating to the registration of documents; It is hereby enacted as follows ! #ART$ I #RE%I&INARY 1. Short t't(e, e)te*t a*d co e*ce e*t

"#$ %his Act may be called the Registration Act& #'(). "*$ It extends to the whole of India except the State of +ammu and ,ashmir -ro.ided that the State /o.ernment may exclude any district or tracts of country from its operation. "0$ It shall come into force on the first day of +anuary& #'('. +. Def'*'t'o*, In this Act& unless there is anything repugnant in the sub1ect or context! "#$ 2addition2 means the place of residence& and the profession& trade& ran3 and title& "if any$ of a person described& and& in the case of an Indian& his father4s name& or where he is usually described as the son of his mother& then his mother4s name; "*$ "book2 includes a portion of a boo3 56and the information storage de.ices li3e floppy dis3& hard dis3& compact dis37 and also any number of sheets connected together with a .iew of forming a boo3 or portion of a boo3; 56added by A.-. Act #8 of #'''& w.e.f. 0#!#*!#'')7 "0$ "district" and "sub-district" respecti.ely means a district and sub! district formed under this Act; "9$ "District Court" includes the High :ourt in its ordinary original ci.il 1urisdiction; ";$ "endorsement2 and "endorsed" include and apply to an entry in writing by a registering officer on a rider or co.ering slip to any document tendered for registration under this Act; "8$ "immovable property" includes land& buildings& hereditary allowances& rights to ways& lights& ferries& fisheries or any other benefit to arise out of land& and things attached to the earth or permanently fastened to anything which is attached to the earth& but not standing timber& growing crops nor grass; "8A$ "India" means the territory of India excluding the State of +ammu and ,ashmir;

"<$ "lease2 includes a counterpart& 3abuliyat& an underta3ing to culti.ate or occupy& and an agreement to lease; ")$ "minor" means a person who& according to the personal law to which he is sub1ect& has not attained ma1ority; "'$ "movable property" includes standing timber& growing crops and grass& fruit upon and 1uice in trees& and property of e.ery other description& except immo.able property; and "#($ "representative" includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot. #ART II O- THE REGISTRATION ESTA.%ISH&ENT /. I*,0ector$Ge*era( of Re1',trat'o*2$ "#$ %he State /o.ernment shall appoint an officer to be the Inspector! /eneral of Registration for the territories sub1ect to such go.ernment -ro.ided that the State /o.ernment may& instead of ma3ing such appointment& direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector!/eneral shall be exercised and performed by such officer or officers& and within such local limits& as the State /o.ernment appoints in this behalf. "*$ Any Inspector!/eneral may hold simultaneously any other office under the /o.ernment. 3. [Re0ea(ed" 4. D',tr'ct, a*d ,5!$d',tr'ct,2$ "#$ =or the purposes of this Act& the State /o.ernment shall form districts and sub!districts& and shall prescribe& and may alter& the limits of such district and sub!districts. "*$ %he districts and sub!districts formed under this section& together with the limits thereof& and e.ery alteration of such limits& shall be notified in the >fficial /a?ette. "0$ E.ery such alteration shall ta3e effect on such day after the date of the notification as is therein mentioned. 6. Re1',trar, a*d S5!$Re1',trar,2$ %he State /o.ernment may appoint such persons& whether public officers or not& as it thin3s proper& to be Registrars of the se.eral districts& and to be Sub!Registrar of the se.eral sub!districts& formed as aforesaid& respecti.ely. 6. Off'ce, of Re1',trar a*d S5!$Re1',trar2$ "#$ %he State /o.ernment shall establish in e.ery district and office to be styled the office of the Registrar and in e.ery sub!district an office or offices to be styled the office of the Sub!Registrar or the offices of the +oint Sub!Registrars.

"*$ %he State /o.ernment may amalgamate with any office of a Registrar any office of a Sub!Registrar subordinate to such Registrar& and may authorise any Sub!Registrar whose office has been so amalgamated to exercise and perform& in addition to his own powers and duties& all or any of the powers and duties of the Registrar to whom he is subordinate -ro.ided that no such authorisation shall enable a Sub!Registrar to hear an appeal against an order passed by himself under this Act. 8. I*,0ector, of Re1',trat'o* off'ce,2$ "#$ %he State /o.ernment may also appoint officers& to be called Inspectors of Registration offices& and may prescribe the duties of such officers. "*$ E.ery such Inspector shall be subordinate to the Inspector!/eneral. 9. [Re0ea(ed" 10. A!,e*ce of Re1',trar or 7aca*c8 '* h', off'ce2$

"#$ When any Registrar& other than the Registrar of a district including a -residency!town& is absent otherwise than on duty in his district& or when his office is temporarily .acant& any person whom the Inspector!/eneral appoints in this behalf& or& in default of such appointment& the +udge of the @istrict :ourt within the local limits of whose 1urisdiction the Registrar4s office is situate& shall be the Registrar during such absence or until the State /o.ernment fills up the .acancy. "*$ When the Registrar of a district including a -residency!town is absent otherwise than on duty in his district& or when his office is temporarily .acant& any person whom the Inspector!/eneral appoints in this behalf shall be the Registrar during such absence& or until the State /o.ernment fills up the .acancy. 11. A!,e*ce of Re1',trar o* d5t8 '* h', d',tr'ct

When any Registrar is absent from his office on duty in his district& he may appoint any Sub!Registrar or other person in his district to perform& during such absence& all the duties of a Registrar except those mentioned in sections 8) and <*. 1+. A!,e*ce of S5!$Re1',trar or 7aca*c8 '* h', off'ce.

When any Sub!Registrar is absent& or when his office is temporarily .acant& any person whom the Registrar of the district appoints in this behalf shall be Sub!Registrar during such absence& or until the .acancy is filled up. 1/. Re0ort to State Go7er* ,ect'o*, 10, 11 a*d 1+ e*t of a00o'*t e*t, 5*der

"#$ All appointments made under section #(& section ## or section #* shall be reported to the State /o.ernment by the Inspector! /eneral.

"*$ Such report shall be either special or general& as the State /o.ernment directs. 13. E,ta!(',h e*t, of re1',ter'*1 off'cer,

%he State /o.ernment may allow proper establishments for the se.eral offices under this Act. 14. Sea( of re1',ter'*1 off'cer, %he se.eral Registrars and Sub!Registrars shall use a seal bearing the following inscription in English and in such other language as the State /o.ernment directs "The seal of the Registrar (or of the Sub-Registrar of"! 16. Re1',ter$!oo9, a*d f're$0roof !o)e,2 "#$ :6%he State /o.ernment shall pro.ide for the office of e.ery registering officer the boo3s and the information processing and storage de.ices li3e computer and scanners along with the software prescribed by the Inspector /eneral from time to time necessary for the purposes of this Act.7 *(Substituted by A.P. Act 16 of 1999 w.e.f. 31-12-1998) "*$ %he boo3s so pro.ided shall contain the forms from time to time prescribed by the Inspector!/eneral& with the sanction of the State /o.ernment& and the pages of such boo3s shall be consecuti.ely numbered in print& and the number of pages in each boo3 shall be certified on the title!page by the officer by whom such boo3s are issued. "0$ %he State /o.ernment shall supply the office of e.ery Registrar with a fireproof box& and shall in each district ma3e suitable pro.ision for the safe custody of the records connected with the registration of documents in such district. ::[16A. ;EE#ING O- .OO; IN CO&#<TER -%O##IES, DIS;ETTES ETC.2 $ "#$ Aot! withstanding anything contained in section #8& the boo3s pro.ided under sub!section "#$ of that section may also be 3ept in computer floppies or dis3ettes or in any other electronic form in the manner and sub1ect to the safeguards as may be prescribed by the Inspector /eneral with the sanction of the State /o.ernment. "*$ Aotwithstanding any thing contained in this Act or in any other law for the time being in!force& a copy or extracts from the boo3s 3ept under sub!section "#$ gi.en by the registering officer under his hand and seal shall be deemed to be a copy gi.en under section ;< for the purposes of sub!section ";$ of that section7
e*d e*t?

::[I*,erted !8 the re1',trat'o* a*d other re(ated (a=, >a Act +001 dt +3$9$+001"

#ART III O- REGISTRA.%E DOC<&ENTS 16. Doc5 e*t, of =h'ch re1',trat'o* ', co 05(,or82$

"#$ %he following documents shall be registered& if the property to which they relate is situate in a district in which& and if they ha.e been executed on or after the date on which& Act Ao. BCI of #)89& or the Indian Registration Act& #)88& or the Indian Registration Act& #)<#& or the Indian Registration Act& #)<< or this Act came or comes into force& namely ! "a$ instruments of gift of immo.able property; "b$ other non!testamentary instruments which purport or operate to create& declare& assign& limit or extinguish& whether in present or in future& any right& title or interest& whether .ested or contingent& of the .alue of one hundred rupees& and upwards& to or in immo.able property; "c$ non!testamentary instruments which ac3nowledge the receipt or payment of any consideration on account of the creation& declaration& assignment& limitation or extinction of any such right& title or interest; and "d$ 5 leases of immo.able property . "(Substituted by #!$! amendment #ct % of &''' (!e!f! &-%-&''' "e$ non!testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create& declare& assign& limit or extinguish& whether in present or in future& any right& title or interest& whether .ested or contingent& of the .alue of one hundred rupees and upwards& to or in immo.able property ANDHRA #RADESH STATE A&END&ENT "f$ 55 6any decree or order or award or a copy thereof passed by a :i.il court on consent of the defendants or on circumstantial e.idence but not on the basis of any instrument which is admissible in e.idence under section 0; of the Indian Stamp Act& #)''& such as registered title deed produced by the plaintiff& where such decree or order or award purports or operate to create& declare & assign& limit& extinguish whether in present or in future any right & title or interest whether .ested or contingent of the .alue of one hundred rupees and upwards to or in immo.able property; and "g$ agreement of sale of immo.able property of the .alue of one hundred rupees and upwards7; "")inserted by #!$! amendment #ct % of &''' (!e!f! &-%-&'''* -ro.ided that the State /o.ernment may& by order published in the >fficial /a?ette& exempt from the operation of this sub!section any leases executed in any district& or part of a district& the terms granted by which do not exceed fi.e years and the annual rent reser.ed by which do not exceed fifty rupees. @"#A$ the documents containing contracts to transfer for consideration& any immo.able property for the purpose of section ;0A of the %ransfer of property Act& #))* "9 of #))*$ shall be registered if they ha.e been executed on or after the commencement of the Registration

and the Related Daws "amendment Act& *((# and if such documents are not registered on or after such commencement& then& they shall ha.e no effect for the purposes of the said Section ;0AA @!8 the Re1',trat'o* a*d other re(ated %a=, >a Act, +001> 38 of +001? dated +3$9$+001.A e*d e*t ?

"*$ Aothing in clauses "b$ and "c$ of sub!section "#$ applies to! "i$ any composition!deed; or "ii$ any instrument relating to shares in a 1oint Stoc3 :ompany& notwithstanding that the assets of such company consist in whole or in part of immo.able property; or "iii$ any debenture issued by any such company and not creating& declaring& assigning& limiting or extinguishing any right& title or interest& to or in immo.able property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged& con.eyed or otherwise transferred the whole or part of its immo.able property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or "i.$ any endorsement upon or transfer of any debenture issued by any such company; or ".$ 5any document other than the documents specified in sub! section "#A$ expect an agreement of sale as mention in clause "g$ of sub!section "#$ not in itself created. @eclaring& assigning& limiting or extinguishing any right& title or interest of the .alue of one hundred rupees and upwards& to or in immo.able property& but merely creating a right to obtain another document which will& when executed& created declare assign& limit or extinguish any such right title or interest; or " amended by #!$! #ct % of &''' (!e!f! &-%-&''' and amended by act %+ of ,--& (!e!f! ,%-'-,--& further

".i$ 55 any decree or order of a court& not being decree or order or award falling under clause "f$ sub!section" # $ except a decree or order expressed to be made on a compromise and comprising immo.able property other than that which is the sub1ect!matter of the suit or proceeding; or " amended by #!$! #ct % of &'''. (!e!f! &-%-&''' ".ii$ any grant of immo.able property by go.ernment; or ".iii$ any instrument of partition made by a re.enue!officer; or "ix$ any order granting a loan or instrument of collateral security granted under the Dand Impro.ement Act& #)<#& or the Dand Impro.ement Doans Act& #))0; or "x$ any order granting a loan under the Agriculturists Doans Act& #))9 "#* of #))9$& or instrument for securing the repayment of a loan made under that Act; or "xa$ any order made under the :haritable Endowments Act& #)'(& "8 of #)'($ .esting any property in a %reasurer of :haritable Endowments or di.esting any such treasurer of any property; or

"xi$ any endorsement on a mortgage!deed ac3nowledging the payment of the whole or any part of the mortgage!money& and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or "xii$ any certificate of sale granted to the purchaser of any property sold by public auction by a ci.il or re.enue!officer. 6Explanation ! omitted by A.-. Amendment 9 of #''' w.e.f. #!9!#'''$ "0$ Authorities to adopt a son& executed after the #st day of +anuary #)<*& and not conferred by a will& shall also be registered.

18. Doc5

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Any of the following documents may be registered under this Act& namely ! "a$ instruments "other than instruments of gift and wills$ which purport or operate to create& declare& assign& limit or extinguish& whether in present or in future& any right& title or interest& whether .ested or contingent& of a .alue less than one hundred rupees& to or in immo.able property; "b$ instruments ac3nowledging the receipt or payment of any consideration on account of the creation& declaration& assignment& limitation or extinction of any such right& title or interest; "c$ O 'tted "by A.-. Amendment Act 9 of #'''& w.e.f. #!9!#'''?

"cc$ instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create& declare& assign& limit or extinguish& whether in present or in future& any right& title or interest& whether .ested or contingent& of a .alue less than one hundred rupees& to or in immo.able property; "d$ instruments "other than wills$ which purport or operate to create& declare& assign& limit or extinguish any right& title or interest to or in mo.able property; "e$ wills; and "f$ all other documents not reEuired by section #< to be registered.

19. Doc5

e*t, '* (a*15a1e *ot 5*der,tood !8 re1',ter'*1 off'cer

If any document duly presented for registration be in a language which the registering officer does not understand& and which is not commonly used in the district& he shall refuse to register the document&

unless it be accompanied by a true translation into a language commonly used in the district and also by a true copy. +0. Doc5 e*t, co*ta'*'*1 '*ter('*eat'o*,, !(a*9,, era,5re, or a(terat'o*, "#$ %he registering officer may in his discretion refuses to accept for registration any document in which any interlineation& blan3& erasure or alteration appears& unless the persons executing the document attest with their signatures or initials such interlineation& blan3& erasure or alteration. "*$ If the registering officer registers any such document& he shall& at the time of registering the same& ma3e a note in the register of such interlineation& blan3& erasure or alteration. +1. De,cr'0t'o* of 0ro0ert8 a*d a0, or 0(a*,

"#$ Ao non!testamentary document relating to immo.able property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. "*$ Houses in towns shall be described as situate on the north or other side of the street or road "which should be specified$ to which they front& and by their existing and former occupancies& and by their numbers if the houses in such street or road are numbered. "0$ >ther houses and land shall be described by their name& if any& and as being the territorial di.ision in which they are situate& and by their superficial contents& the roads and other properties on which they abut& and their existing occupancies& and also& whene.er it is practicable& by reference to a go.ernment map or sur.ey. "9$ Ao non!testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan& or& in case such property is situate in se.eral districts& by such number of true copies of the map or plans as are eEual to the number of such districts. ++. De,cr'0t'o* of ho5,e, a*d (a*d !8 refere*ce to Go7er* a0, of ,5r7e8,2 $ e*t

"#$ Where it is& in the opinion of the State /o.ernment& practicable to describe houses& not being houses in towns& and lands by reference to a /o.ernment map or sur.ey& the State /o.ernment may& by rule made under this Act& reEuire that such houses and lands as aforesaid shall& for the purposes of section *#& be so described. "*$ Sa.e as otherwise pro.ided by any rule made under sub!section "#$& failure to comply with the pro.isions of section *#& sub!section "*$ or sub!section "0$& shall not disentitle a document to be registered if the description of the property to which it relates is sufficient to identify that property. :++$A. Doc5 0o('c82 $ e*t, Re1',trat'o* of =h'ch ', o00o,ed to 05!('c

"#$

%he State /o.ernment may& by notification in the >fficial /a?ette& declare that the registration of any document or class of documents is opposed to public policy. Aotwithstanding anything contained in this Act& the registering officer shall refuse to register any document to which a notification issued under sub!section "#$ is applicable.

"*$

" inserted by #!$! #mendment #ct % of &''' . (!e!f! &-%-&'''! #ART IB O- THE TI&E O- #RESENTATION +/. T' e for 0re,e*t'*1 doc5 e*t,

Sub1ect to the pro.isions contained in sections *9& *; and *8& no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution -ro.ided that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or& where it is appealable& within four months from the day on which it becomes final. +/A. Re$re1',trat'o* of certa'* doc5 e*t,

Aotwithstanding anything to the contrary contained in this Act& if in any case a document reEuiring registration has been accepted for registration by a Registrar or Sub!Registrar from a person not duly empowered to present the same& and has been registered& any person claiming under such document may& within four months from his first becoming aware that the registration of such document is in.alid& present such document or cause the same to be presented& in accordance with the pro.isions of -art CI for re!registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same& he shall proceed to the re!registration of the document as if it has not been pre.iously registered& and as if such presentation for re!registration was a presentation for registration made within the time allowed therefor under -art IC& and all the pro.isions of this Act& as to registration of documents& shall apply to such re! registration; and such document& if duly re!registered in accordance with the pro.isions of this section& shall be deemed to ha.e been duly registered for all purposes from the date of its original registration -ro.ided that& within three months from the twelfth day of September& #'#<& any person claiming under a document to which this section applies may present the same or cause the same to be presented for re!registration in accordance with this section& whate.er may ha.e been the time when he first became aware that the registration of the document was in.alid. +/$.. #o=er to State Go7er* e*t to 0er 't the re1',trat'o* of doc5 e*t re1',tered '* the (o1, at &a,5('0ata*a a*d '* certa'* other area, '* -re*ch I*d'a2 ! "#$ the State /o.ernment may& by notification in the Andhra -radesh /a?ette& direct that all documents& or any class of documents which !!

"a$ relate to properties situated within the logs at Fasulipatanam " formerly 3nown as Fasulipatanam $& the areas whereof ha.e been set out in Schedule to the Fadras " Enlargement of Areas and Alteration of Goundaries$ order& #'9) ; "b$ "c$ ha.e been registered in a registration office by an official appointed or controlled by any =rench Indian Authority ; and are reEuired to be registered under this Act & may be registered under this Act free of all charges within such time& and sub1ect to such restrictions and conditions & as may be specified in the notification; and if any document is so registered& the registration shall ha.e effect for all purposes form the date on which the document& was originally registered by the officials referred to in :lause "b$

-ro.ided that nothing in this sub!section shall be deemed to in.alidate any decree or order touching any such document which may ha.e been passed by any :ourt of Daw an become final before the enactment of this section. "*$ Sub!section "#$ shall apply in relation to documents relating to properties situated within the limits of any =rench territory now ad1oining the territory of the sate of Andhra& as it applies in relation to document relating to properties situated within the logs referred to& in sub!section "#$& sub1ect to the modification that for the words H before the enactment of this sectionI occurring in the pro.iso& the words #6before such date as may be notified in that behalf by the State /o.ernment 7 &)substituted by #doption of /a(s orders &'0%. and amended by #!$! #ct I1 of &'2&!* +3. Doc5 e*t, e)ec5ted !8 ,e7era( 0er,o*, at d'ffere*t t' e, Where there are se.eral persons executing a document at different times& such document may be presented for registration and re! registration within four months from the date of each execution. +4. #ro7','o* =here de(a8 '* 0re,e*tat'o* ', 5*a7o'da!(e "#$ If &owing to urgent necessity or una.oidable accident& any document executed& or copy of a decree or order made& in India is not presented for registration till after the expiration of the time herein!before prescribed in that behalf& the Registrar& in cases where the delay in presentation does not exceed four months& may direct that& on payment of a fine not exceeding ten times the amount of the proper registration!fee& such document shall be accepted for registration. "*$ Any application for such direction may be lodged with Sub!Registrar& who shall forthwith forward it to the Registrar to whom he is subordinate.

+6. Doc5

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When a document purporting to ha.e been executed by all or any of the parties out of 6India is not presented for registration till after the expiration of the time herein!before prescribed in that behalf& the registering officer& if satisfied! "a$ that the instrument was so executed& and

"b$ that it has been presented for registration within four months after its arri.al in India. may& on payment of the proper registration!fee& accept such document for registration. +6. C'((, a8 !e 0re,e*ted or de0o,'ted at a*8 t' e

A will may at any time be presented for registration or deposited in manner hereinafter pro.ided. #ART B O- THE #%ACE O- REGISTRATION +8. #(ace for re1',ter'*1 doc5 e*t, re(at'*1 to (a*d

Sa.e as in this -art otherwise pro.ided& e.ery document mentioned in section #<& sub!section "#$& 5 clauses "a$& "b$& "c$& "d$& "e$& "f$ and "g$ & of section #<& sub!section "*$& insofar as such document affects immo.able property& and section #)& 55clauses "a$& "b$ "c$ and "cc$7& shall be presented for registration in the office of a Sub!Registrar within whose sub!district the whole or some portion of the property to which such document relates is situate. "Substituted for the e3pression 4 Clauses (a .(b . (c .(d and (e of section #< & sub!sectionI A.-. Act 9 of #'''& w.e.f. #!9!#'''. "" Substituted for the e3pression 4 Clauses (a .(b . (c and (cc . by #!$! Act 9 of #'''& w.e.f. #!9!#'''.

+9. #(ace for re1',ter'*1 other doc5 e*t, "#$ E.ery document not being a document referred to in section *) or a copy of a decree or order& may be presented for registration either in the office of the Sub!Registrar in whose sub!district the document was executed& or in the office of any other Sub!Registrar under the State /o.ernment at which all the persons executing and claiming under the document desire the same to be registered. "*$ A copy of a decree or order may be presented for registration in the office of the Sub!Registrar in whose sub!district the original decree or order was made or& where the decree or order does not affect immo.able property& in the office of any other Sub!Registrar under the State /o.ernment at which all the persons claiming under the decree or order desire the copy to be registered. /0. Re1',trat'o* !8 Re1',trar, '* certa'* ca,e, "#$ Any Registrar may in his discretion recei.e and register any document which might be registered by any Sub!Registrar subordinate to him.

"*$

>mitted. "by the Registration and other related "amendment $ Act& *((#" 9) of *((#$ dated *9!'!*((#.$

Daws

/1. Re1',trat'o* or acce0ta*ce for de0o,'t at 0r'7ate re,'de*ce In ordinary cases the registration or deposit of documents under this Act shall be made only at the office of the officer authorised to accept the same for registration or deposit -ro.ided that such officer may on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will& and accept for registration or deposit such document or will.

#ART BI O- #RESENTING DOC<&ENTS -OR REGISTRATION /+. #er,o*, to 0re,e*t doc5 e*t, for re1',trat'o*

Except in the cases mentioned in sections 0#& )) and )'& e.ery document to be registered under this Act& whether such registration be compulsory or optional& shall be presented at the proper registration office !! "a$ by some person executing or claiming under the same& or& in the case of a copy of a decree or order& claiming under the decree or order& or "b$ by the representati.e or assignee of such a person& or "b$ by the agent of such a person& representati.e or assign& duly authorised by power!of!attorney executed and authenticated in manner hereinafter mentioned. 1[/+$A. co 05(,or8 aff')'*1 of 0hoto1ra0h, etc2$ "#$ e.ery person presenting any document at the proper registration officer under section 0* shall affix his passport si?e photograph and fingerprints to the document -ro.ided that where such document relates to the transfer of ownership of immo.able property& the passport si?e photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document." 1[inserted by the Registration and other Related /a(s (amendment #ct ,--&. (%+ of ,--& . dated ,%-'-,--&" //. #o=er$of$attor*e8 reco1*',a!(e for 05r0o,e, of ,ect'o* /+ "#$ =or the purposes of section 0*& the following powers!of!attorney shall alone be recognised& namely ! "a$ if the principal at the time of executing the power!of!attorney resides in any part of India in which this Act is for the time being in force& a power!of!attorney executed before and authenticated by the Registrar or Sub!Registrar within whose district or sub!district the principal resides;

"b$ if the principal at the time aforesaid resides in any part of India in which this Act is not in force& a power!of!attorney executed before and authenticated by any Fagistrate; "c$ if the principal at the time aforesaid does not reside in India& a power! of!attorney executed before and authenticated by Aotary -ublic& or any court& +udge& Fagistrate& Indian :onsul or .ice!consul& or representati.e of the :entral /o.ernment -ro.ided that the following persons shall not be reEuired to attend at any registration!office or court for the purpose of executing any such power!of!attorney as is mentioned in clauses "a$ and "b$ of this section& namely! "i$ persons who by reason of bodily infirmity are unable without ris3 or serious incon.enience so to attend; "ii$ persons who are in 1ail under ci.il or criminal process; and "iii$ persons exempt by law from personal appearance in court. Explanation ! "#$ In this sub!section 2India2 means India& as defined in clause "*)$ of section 0 of the /eneral :lauses Act& #)'<"B of #)'<$. "*$ In the case of e.ery such person the Registrar or Sub!Registrar or Fagistrate& as the case may be& if satisfied that the power! of!attorney has been .oluntarily executed by the person purporting to be the principal& may attest the same without reEuiring his personal attendance at the office or court aforesaid. "0$ %o obtain e.idence as to the .oluntary nature of the execution& the Registrar or Sub!Registrar or Fagistrate may either himself go to the house of the person purporting to be the principal& or to the 1ail in which he is confined& and examine him& or issue a commission for his examination. "9$ Any power!of!attorney mentioned in this section may be pro.ed by the production of it without further proof when it purports on the face of it to ha.e been executed before and authenticated by the person or court herein!before mentioned in that behalf. /3. E*D5'r8 !efore re1',trat'o* !8 re1',ter'*1 off'cer "#$ Sub1ect to the pro.isions contained in this -art and in sections 9#& 90& 9;& 8'& <;& <<& )) and )'& no document shall be registered under this Act& unless the person executing such document& or their representati.es& assigns or agents authorised as aforesaid& appear before the registering officer within the time allowed for presentation under sections *0& *9& *; and *8 -ro.ided that& if owing to urgent necessity or una.oidable accident all such persons do not so appear& the Registrar& in cases where the delay in appearing does not exceed four months& may direct that on payment of a fine not exceeding ten times the amount of the proper

registration fee& in addition to the fine& if any& payable under section *;& the document may be registered. "*$ Appearances under sub!section "l$ simultaneous or at different times. "0$ %he registering officer shall thereupon! may be

"a$ enEuire whether or not such document was executed by the person by whom it purports to ha.e been executed; "b$ satisfy himself as to the identity of the persons appearing before him and alleging that they ha.e executed the document; and "c$ in the case of any person appearing as a representati.e& assignee or agent& satisfy himself of the right of such person so to appear. "9$ Any application for a direction under the pro.iso to sub!section "#$ may be lodged with a Sub!Registrar& who shall forthwith forward it to the Registrar to whom he is subordinate. ";$ Aothing in this section applies to copies of decrees or orders. /4. #roced5re o* ad ',,'o* a*d de*'a( of e)ec5t'o* re,0ect'7e(8

"#$"a$ If all the persons executing the document appear personally before the registering officer and are personally 3nown to him& or if he be otherwise satisfied that they are the persons they represent themsel.es to be& and if they all admit the execution of the document& or "b$ If in the case of any person appearing by a representati.e& assignee or agent& such representati.e& assignee or agent admits the execution& or "c$ If the person executing the document is dead& and his representati.e or assignee appears before the registering officer and admits the execution& the registering officer shall register the document as directed in sections ;) to 8#& inclusi.e. "*$ %he registering officer may& in order to satisfy himself that the persons appearing before him are the persons they represent themsel.es to be& or for any other purpose contemplated by this Act& examine any one present in his office. "0$"a$ If any person by whom the document purports to be executed denies its execution& or "b$ if any such person appears to the registering officer to be a minor& an idiot or a lunatic& or "c$ if any person by whom the document purports to be executed is dead& and his representati.e or assignee denies its execution& the registering officer shall refuse to register the document as to the person so denying& appearing or dead

-R>CI@E@ that& where such officer is a Registrar& he shall follow the procedure prescribed in -art BII -ro.ided further that the State /o.ernment may& by notification in the >fficial /a?ette& declare that any Sub!Registrar named in the notification shall& in respect of documents the execution of which is denied& be deemed to be a Registrar for the purposes of this sub!section and of -art BII. #ART BII O- EN-ORCING THE A##EARANCE O- EEEC<TANTS AND CITNESSES /6. #roced5re =here a00eara*ce of e)ec5ta*t or ='t*e,, ', de,'red If any person presenting any document for registration or claiming under any document& which is capable of being so presented& desires the appearance of any person whose presence or testimony is necessary for the registration of such document& the registering officer may& in his discretion& call upon such officer or court as the State /o.ernment directs in this behalf to issue a summons reEuiring him to appear at the registration!office& either in person or by duly authorised agent& as in the summons may be mentioned& and at a time named therein. /6. Off'cer or co5rt to ',,5e a*d ca5,e ,er7'ce of ,5 o*,

%he officer or court& upon receipt of the peon4s fee payable in such cases& shall issue the summons accordingly& and cause it to be ser.ed upon the person whose appearance is so reEuired. /8. #er,o*, e)e 0t fro a00eara*ce at re1',trat'o* off'ce

"#$ "a$ A person who by reason of bodily infirmity is unable without ris3 or serious incon.enience to appear at the registration! office& or "b$ a person in 1ail under ci.il or criminal process& or "d$ persons exempt by law from personal appearance in court& and who would but for the pro.isions next hereinafter contained be reEuired to appear in person at the registration!office& shall not be reEuired so to appear. "*$ In the case of e.ery such person the registration!officer shall either himself go to the house of such person& or to the 1ail in which he is confined& and examine him or issue a commission for his examination. /9. %a= a, to ,5 o*,e,, co ',,'o*, a*d ='t*e,,e,

%he law in force for the time being as to summonses& commissions and compelling the attendance of witnesses and for their remuneration in suits before ci.il courts& shall& sa.e as aforesaid and mutatis mutandis& apply to any summons or commission issued and any person summoned to appear under the pro.isions of this Act.

#ART BIII O- #RESENTING CI%%S AND A<THORITIES TO ADO#T 30. #er,o*, e*t't(ed to 0re,e*t C'((, a*d a5thor't'e, to ado0t "#$ %he testator& or after his death any person claiming as executor or otherwise under a will& may present it to any Registrar or Sub!Registrar for registration. "*$ %he donor& or after his death the donee& of any authority to adopt& or the adopti.e son& may present it to any Registrar or Sub!Registrar for registration. 31. Re1',trat'o* of C'((, a*d a5thor't'e, to ado0t "#$ A will or an authority to adopt presented for registration by the testator or donor& may be registered in the same manner as any other document. "*$ A will or authority to adopt presented for registration by any other person entitled to present it shall be registered if the registering officer is satisfied! "a$ that the will or authority was executed by the testator or donor& as the case may be; "b$ that the testator or donor is dead; and "b$ that the person presenting the will or authority is& under section 9(& entitled to present the same.

#ART IE O- THE DE#OSIT O- CI%%S 3+. De0o,'t of C'((, Any testator may& either personally or by duly authorised agent& deposit with any Registrar his will in a sealed co.er superscribed with the name of the testator and that of his agent "if any$ and with a statement of the nature of the document. 3/. #roced5re o* de0o,'t of C'((, "#$ >n recei.ing such co.er& the Registrar& if satisfied that the person presenting the same for deposit is the testator or his agent& shall transcribe in his Register!boo3 Ao.; the superscription aforesaid& and shall note in the same boo3 and on the said co.er the year& month& day and hour of such presentation and receipt& and the names of any persons who

may testify to the identity of the testator or his agent& and any legible inscription which may be on the seal of the co.er. "*$ %he Registrar shall then place and retain the sealed co.er in his fireproof box. 33. C'thdra=a( of ,ea(ed co7er de0o,'ted 5*der ,ect'o* 3+ If the testator who has deposited such co.er wishes to withdraw it& he may apply& either personally or by duly authorised agent& to the Registrar who holds it in deposit& and such Registrar& if satisfied that the applicant is actually the testator or his agent& shall deli.er the co.er accordingly. 34. #roceed'*1, o* death of de0o,'tor "#$ If& on the death of a testator who has deposited a sealed co.er under section 9*& application be made to the Registrar who holds it in deposit to open the same& and if the Registrar is satisfied that the testator is dead& he shall& in the applicant4s presence& open the co.er& and& at the applicant4s expense& cause the contents thereof to be copied into his Goo3 Ao.0. "*$ When such copy has been made& the Registrar shall re!deposit the original will. 36. Sa7'*1 of certa'* e*act e*t, a*d 0o=er, of co5rt,

"#$ Aothing hereinbefore contained shall affect the pro.isions of section *;' of the Indian Succession Act& #)8;& or of section )# of the -robate and Administration Act& #))#& or the power of any court by order to compel the production of any will. "*$ When any such order is made the Registrar shall& unless the will has been already copied under section 9;& open the co.er and cause the will to be copied into his Goo3 Ao.0 and ma3e a notice on such copy that the original has been remo.ed in to court in pursuance of the order aforesaid.

#ART E O- THE E--ECTS O- REGISTRATION AND NON$REGISTRATION 36. T' e fro =h'ch re1',tered doc5 e*t o0erate,

A registered document shall operate from the time from which it would ha.e commenced to operate if no registration thereof had been reEuired or made& and not from the time of its registration. NOTES When two documents are executed on the same day& the time of their execution would determine the priority irrespecti.e of the time of their registration. %he one which is executed earlier in time will pre.ail o.er the other executed subseEuently.

38. Re1',tered doc5 e*t, re(at'*1 to 0ro0ert8 =he* to ta9e effect a1a'*,t ora( a1ree e*t, All non!testamentary documents duly registered under this Act& and relating to any property& whether mo.able or immo.able& shall ta3e effect against any oral agreement or declaration relating to such property& unless where the agreement or declaration has been accompanied or followed by deli.ery of possession and the same constitutes a .alid transfer under any law for the time being in force -ro.ided that a mortgage by deposit of title!deeds as defined in section ;) of the %ransfer of -roperty Act& #))*& shall ta3e effect against any mortgage!deed subseEuently executed and registered which relates to the same property. 39. Effect of *o*$re1',trat'o* of doc5 re1',tered e*t, reD5'red to !e

Ao document reEuired by section #< or by any pro.ision of the %ransfer of -roperty Act& #))* to be registered shall!! "a$ affect any immo.able property comprised therein& or "b$ confer any power to adopt& or "c$ be recei.ed as e.idence of any transaction affecting such property or conferring such power& unless it has been registered -ro.ided that an unregistered document affecting immo.able property and reEuired by this Act or the %ransfer of -roperty Act& #))*& to be registered may be recei.ed as e.idence of a contract in a suit for specific performance under :hapter II of the Specific Relief Act& #)<<& 56xxx7 or as e.idence of any collateral transaction not reEuired to be effected by registered instrument. 5" amended by Act Ao 9) of *((# dated *9!'!*((#$. 40. Certa'* re1',tered doc5 e*t, re(at'*1 to (a*d to ta9e effect a1a'*,t 5*re1',tered doc5 e*t, "#$ E.ery document of the 3inds mentioned in 556clauses "a$& "b$& "c$ &"d$ "e$& "f$ and "g$ of section #<7& sub!section "#$& and clauses "a$ and "b$ of section #)& shall& if duly registered& ta3e effect as regards the property comprised therein& against e.ery unregistered document relating to the same property& and not being a decree or order& whether such unregistered document be of the same nature as the registered document or not. 55 " amended by A.-. Act 9 of #'''& w.e.f. #!9!#'''$ "*$ Aothing in sub!section "#$ applies to leases exempted under the pro.iso to sub!section "#$ of section #< or to any document mentioned in sub!section "*$ of the same section& or to any registered document which had not priority under the law in force at the commencement of this Act.

Explanation In cases where Act Ao. BCI of #)89 or the Indian Registration Act& #)88& was in force in the place and at the time in and at which such unregistered document was executed& 2unregistered2 means not registered according to such Act& and& where the document is executed after the first day of +uly& #)<#& not registered under the Indian Registration Act& #)<#& or the Indian Registration Act& #)<<& or this Act.

#ART EI O- THE D<TIES AND #OCERS O- REGISTERING O--ICERS >A? AS TO THE REGISTER$.OO;S AND INDEEES 41. Re1',ter$!oo9, to !e 9e0t '* the ,e7era( off'ce, "#$ J6%he following boo3s and information storage de.ices as specified in sub!section"#$ of the section #87 shall be 3ept in the se.eral offices hereinafter named& namely ! 5)Substituted for the (ords 4the follo(ing books6 by #ct &2 of &'''. (!e!f! 7&-&,-&''+*! >A? I* a(( re1',trat'o* off'ce,2$$ Goo3 #& 2Register of non!testamentary documents relating to immo.able property2; Goo3 *& 2Record of reasons for refusal to register2; Goo3 0& 2Register of wills and authorities to adopt2; and Goo3 9& 2Fiscellaneous Register2; .? I* the off'ce, of Re1',trarF,2$$ Goo3 ;& 2Register of deposits of wills2. "*$ In Goo3 # shall be entered or filed all documents or memoranda registered under sections #<&#) and )' which relate to immo.able property& and are not wills. "0$ In Goo3 9 shall be entered all documents registered under clauses "d$ and "f$ of section #) which do not relate to immo.able property. "9$ Aothing in this section shall be deemed to reEuire more than one set of boo3s where the office of the Registrar has been amalgamated with the office of a Sub!Registrar. 4+. D5t'e, of re1',ter'*1 off'cer, =he* doc5 e*t 0re,e*ted

"#$"a$ %he day& hour and place of presentation 56the photographs and fingerprints affixed under section 0*A7& and the signature of e.ery person presenting a document for registration& shall be endorsed on e.ery such document at the time of presenting it; ") inserted by the Registration and other Related /a(s(amendment #ct. ,--&. (%+ of ,--& . dated ,%-'-,--&*!

"b$ a receipt for such document shall be gi.en by the registering officer to the person presenting the same; and "c$ sub1ect to the pro.isions contained in section 8*& e.ery document admitted to registration shall without unnecessary delay be copied in the boo3 appropriated therefor according to the order of its admission. "*$ All such boo3s shall be authenticated at such inter.als and in such manner as is from time to time prescribed by the Inspector /eneral. NOTES A K certified copy of the document recei.ed form the Sub!Registrar or @istrict Registrar as the case may be is admissible for pro.ing the contents therein. Ramachnadra v! 8amlbai . #IR &'+' 9ri!,: . Any defect as contemplated under section ;* is curable under section )< ;hart inder v! 8akim <ohd 8amid #li =han #IR &',& $C '7! 4/. E*tr'e, to !e *5 !ered co*,ec5t'7e(8

All entries in each boo3 shall be numbered in a consecuti.e series& which shall commence and terminate with the year& a fresh series being commenced at the beginning of each year. 43. C5rre*t '*de)e, a*d e*tr'e, there'* In e.ery office in which any of the boo3s hereinbefore mentioned are 3ept& there shall be prepared current indexes of the contents of such boo3s& and e.ery entry in such indexes shall be made& so far as practicable& immediately after the registering officer has copied& or filed a memorandum of& the document to which it relates. 44. I*de)e, to !e co*te*t, ade !8 re1',ter'*1 off'cer,, a*d the'r

"#$ =our such indexes shall be made in all registration offices& and shall be named& respecti.ely& Index Ao.I& Index Ao.II& Index Ao.III and Index Ao. IC. "*$ Index Ao.I shall contain the names and additions of all persons executing and of all persons claiming under e.ery document entered or memorandum filed in Goo3 Ao.#. "0$ Index Ao. II shall contain such particulars mentioned in section *# relating to e.ery such document and memorandum as the Inspector! /eneral from time to time directs in that behalf. "9$ Index Ao. III shall contain the names and additions of all persons executing e.ery will and authority entered in Goo3 Ao. 0& and of the executors and persons respecti.ely appointed thereunder& and after the death of the testator or the donor "but not before$ the names and additions of all persons claiming under the same. ";$ Index Ao. IC shall contain the names and additions of all persons executing and of all persons claiming under e.ery document entered in Goo3 Ao. 9.

"8$ Each Index shall contain such other particulars& and shall be prepared in such form& as the Inspector!/eneral from time to time directs. 46. 1[Co08 of e*tr'e, '* I*de)e, No,.I, II a*d III to !e ,e*t !8 S5!$Re1',trar to Re1',trar a*d f'(ed" &)Repealed by #ct 1> of &','* 46. Re1',ter'*1 off'cer, to a((o= '*,0ect'o* of certa'* !oo9, a*d '*de)e,, a*d to 1'7e cert'f'ed co0'e, of e*tr'e,2$ "#$ Sub1ect to the pre.ious payment of the fees payable in that behalf& the Goo3 Aos. # and * and the Indexes relating to Goo3 Ao. # shall be at all times open to inspection by any person applying to inspect the same; and& sub1ect to the pro.isions of section 8*& copies of entries in such boo3s shall be gi.en to all persons applying for such copies. "*$ Sub1ect to the same pro.isions& copies of entries in Goo3 Ao.0 and in the Index relating thereto shall be gi.en to the persons executing the documents to which such entries relate& or to their agents& and after the death of the executants "but not before$ to any person applying for such copies. "0$ Sub1ect to the same pro.isions& copies of entries in Goo3 Ao.9 and in the Index relating thereto shall be gi.en to any person executing or claiming under the documents to which such entries respecti.ely refer& or to his agent or representati.e. "9$ %he reEuisite search under the section for entries in Goo3 Aos. 0 and 9 shall be made only by the registering officer. ";$ All copies gi.en under this section shall be signed and sealed by the registering officer& and shall be admissible for the purpose of pro.ing the contents of the original documents. >.? AS TO REGISTRATION THE #ROCED<RE ON AD&ITTING e*t, ad TO

48. #art'c5(ar, to !e e*dor,ed o* doc5 re1',trat'o*

'tted to

"#$ >n e.ery document admitted to registration& other than a copy of a decree or order& or a copy sent to a registering officer under section )'& there shall be endorsed from time to time the following particulars& namely ! "a$ the signature and addition of e.ery person admitting the execution of the document& and& if such execution has been admitted by the representati.e& assignee or agent of any person& the signature and addition of such representati.e& assignee or agent; "b$ the signature and addition of e.ery person examined in reference to such document under any of the pro.isions of this Act; and "c$ any payment of money or deli.ery of goods made in the presence of the registering officer in reference to the execution of the document& and any admission of receipt of consideration& in whole or in part& made in his presence in reference to such execution.

"*$ If any person admitting the execution of a document refuses to endorse the same& the registering officer shall ne.ertheless register it& but shall at the same time endorse a note of such refusal. 49. E*dor,e e*t, to !e dated a*d ,'1*ed !8 re1',ter'*1 off'cer

%he registering officer shall affix the date and his signature to all endorsements made under sections ;* and ;)& relating to the same document and made in his presence on the same day. 60. Cert'f'cate of re1',trat'o* "#$ After such of the pro.isions of sections 09& 0;& ;) and ;' as apply to any document presented for registration ha.e been complied with& the registering officer shall endorse thereon a certificate containing the word 2registered 2& together with the number and page of the boo3 in which the document has been copied. "*$ Such certificate shall be signed& sealed and dated by the registering officer& and shall then be admissible for the purpose of pro.ing that the document has been duly registered in manner pro.ided by this Act& and that the facts mentioned in the endorsements referred to in section ;' ha.e occurred as therein mentioned. 61. E*dor,e ret5r*ed e*t, a*d cert'f'cate to !e co0'ed a*d doc5 e*t

"#$ %he endorsements and certificate referred to and mentioned in sections ;' and 8( shall thereupon be copied into the margin of the Register!boo3& and the copy of the map or plan "if any$ mentioned in section *# shall be filed in Goo3 Ao.#. 56-ro.ided that the copying of the items referred to abo.e may be done using electronic de.ices li3e scanner7. " #dded by #!$! #ct &2 of &'''. (!e!f! 7&-&,-&''+ "*$ %he registration of the document shall thereupon be deemed complete& and the document shall then be returned to the person who presented the same for registration& or to such other person "if any$ as he has nominated in writing in that behalf on the receipt mentioned in section ;*. 6+. #roced5re o* 0re,e*t'*1 doc5 re1',ter'*1 off'cer e*t '* (a*15a1e 5*9*o=* to

"#$ When a document is presented for registration under section #'& the translation shall be transcribed in the register of documents of the nature of the original& and& together with the copy referred to in section #'& shall be filed in the registration office. "*$ %he endorsements and certificate respecti.ely mentioned in sections ;' and 8( shall be made on the original& and& for the purpose of ma3ing the copies and memoranda reEuired by sections ;<& 89& 8; and 88& the translation shall be treated as if it were the original. 6/. #o=er to ad ,tate e*t, '*',ter oath, a*d record of ,5!,ta*ce, of

"#$ E.ery registering officer may at his discretion administer an oath to any person examined by him under the pro.isions of this Act.

"*$ E.ery such officer may also at his discretion record a note of the substance of the statement made by each such person& and such statement shall be read o.er& or "if made in a language with which such person is not acEuainted$ interpreted to him in a language with which he is acEuainted& and& if he admits the correctness of such note& it shall be signed by the registering officer. "0$ E.ery such note so signed shall be admissible for the purpose of pro.ing that the statements therein recorded were made by the persons and under the circumstances therein stated. >C? S#ECIA% D<TIES O- S<.$REGISTRAR 63. #roced5re =here doc5 D',tr'ct, e*t re(ate, to (a*d '* ,e7era( S5!$

E.ery Sub!Registrar on registering a non!testamentary document relating to immo.able property not wholly situate in his own sub!district shall ma3e a memorandum thereof and of the endorsement and certificate "if any$ thereon& and send the same to e.ery other Sub! Registrar subordinate to the same Registrar as himself in whose sub! district any part of such property is situate& and such Sub!Registrar shall file the memorandum in his Goo3 Ao.#. 64. #roced5re =here doc5 D',tr'ct, e*t re(ate, to (a*d '* ,e7era(

"#$ E.ery Sub!Registrar on registering a non!testamentary document relating to immo.able property situate in more districts than one shall also forward a copy thereof and of the endorsement and certificate "if any$ thereon& together with a copy of the map or plan "if any$ mentioned in section *#& to the Registrar of e.ery district in which any part of such property is situate other than district in which his own sub!district is situate. "*$ %he Registrar on recei.ing the same shall file in his Goo3 Ao.# the copy of the document and the copy of the map or plan "if any$& and shall forward a memorandum of the document to each of the Sub! Registrars subordinate to him within whose sub!district any part of such property is situate; and e.ery Sub!Registrar recei.ing such memorandum shall file in his Goo3 Ao.#. >D? S#ECIA% D<TIES O- REGISTRAR 66. #roced5re after re1',trat'o* of doc5 e*t, re(at'*1 to (a*d

"#$ >n registering any non!testamentary document relating to immo.able property the Registrar shall forward a memorandum of such document to each Sub!Registrar subordinate to himself in whose sub! district any part of the property is situate. "*$ %he Registrar shall also forward a copy of such document together with copy of the map or plan "if any$ mentioned in section *#& to e.ery other Registrar in whose district any part of such property is situate. "0$ Such Registrar on recei.ing any such copy shall file it in his Goo3 Ao.#& and shall also send a memorandum of the copy to each of the Sub!Registrars subordinate to him within whose sub!district any part of the property is situate.

"9$ E.ery Sub!Registrar recei.ing any memorandum under this section shall file it in this Goo3 Ao.#. 66. :>O 'tted?

*(9mitted by #!$! #ct &7 of &'22. subse?uently omitted by Registration and 9ther Related /a(s (amendment #ct ,--&(#ct %+ of ,--& . dated ,%-'-,--& ! >E? O- THE CONTRO%%ING #OCERS O- REGISTRARS AND INS#ECTOR GGENERA% 68.#o=er, Re1',trar, of Re1',trar to ,50er'*te*d a*d co*tro( S5!$

"#$ E.ery Sub!Registrar shall perform the duties of his office under the superintendence and control of the Registrar in whose district the office of such Sub!Registrar is situate. "*$ E.ery Registrar shall ha.e authority to issue "whether on complaint or otherwise$ any order consistent with this Act which he considers necessary in respect of any act or omission of any Sub! Registrar subordinate to him or in respect of the rectification of any error regarding the boo3 or the office in which any document has been registered. 69. #o=er of I*,0ector Ge*era( to ,50er'*te*d re1',trat'o* off'ce, a*d a9e r5(e, "#$ %he Inspector!/eneral shall exercise a general superintendence o.er all the registration!offices in the territories under the State /o.ernment& and shall ha.e power from time to time& ma3e rules consistent with this Act! "a$pro.iding for the safe custody of boo3s& papers and documents . #6"aa$ pro.iding the manner in which and the safeguards sub1ect to which the boo3s may be 3ept in computer floppies or dis3ettes or in any other electronic form under the sub!section "#$ of section #8A;7 &(inserted by Registration and 9ther Related /a(s (amendment #ct ,--& (#ct %+ of ,--& . (!e!f! ,%-'-,--& ! "b$declaring what languages shall be deemed to be commonly used in each district; *6"bb$ pro.iding for the grant of licences to document writer& the re.ocation of such licences& the terms and condition sub1ect to which and the authority by who such licences shall be granted the exemption of any class of document writers form the licensing pro.isions and the conditions sub1ect to which such exemption shall be granted and generally for all purposes connected with the writing of documents to be presented for registration.7 ,)inserted by #!$! #ct > &'2-* "c$ declaring what territorial di.isions shall be recognised under section *#;

"d$ regulating the amount of fines imposed under sections *; and 09& respecti.ely; "e$ regulating the exercise of the discretion reposed in the registering officer by section 80; "f$ regulating the form in which registering officers are to ma3e memoranda of documents& "g$ regulating the authentication by Registrars and Sub!Registrars of the boo3s 3ept in their respecti.e offices under sections ;#; "gg$ regulating the manner in which the instruments referred to in sub!section "*$ of section )) may be presented for registration; "h$ declaring the particulars to be contained in Index Aos. I& II& III and IC& respecti.ely; "i$ declaring the holidays that shall be obser.ed in the registration offices; and "1$ generally& regulating the proceedings of the Registrars and Sub! Registrars. "*$ %he rules so made shall be submitted to the State /o.ernment for appro.al& and& after they ha.e been appro.ed& they shall be published in the >fficial /a?ette& and on publication shall ha.e effect as if enacted in this Act. 60. #o=er of I*,0ector$Ge*era( to re 't f'*e,

%he Inspector!/eneral may also& in the exercise of his discretion& remit wholly or in part the difference between any fine le.ied under section *; or section 09& and the amount of the proper registration fee. 1[H#ART EI GAI REGISTRATION O- DOC<&ENTS .Y &EANS O- E%ECTRONIC DEBICES 60$A. a00('cat'o* of th', 0art ! %his part shall apply to the areas only in respect of which of this part a notification is issued by the /o.ernment of Andhra -radesh under section <(!G. 60$. . Doc5 e*t, ,ca**ed !8 E(ectro*'c De7'ce, '* area, Not'f'ed !8 the Go7er* e*t "#$ %he /o.ernment of Andhra -radesh may& by notification& in the official /a?ette& direct that in any office as may be specified therein& the process of registration of any category or categories of documents may be completed and copying done with the help of the electronic de.ices li3e computers& scanners and the

:ompact dis3s and copies preser.ed on such de.ices and retrie.ed when reEuired. "*$ Aotwithstanding any thing contained in this Act or any other Daw for the time being in force& a copy of any document registered and scanned using the electronic de.ices and certified or attested by the Registering >fficer in!charge of the office shall also be recei.ed in e.idence of any transaction as is described in the said document. 60$C. ,a7'*12$ Aothing in this shall apply !! "i$ to any document which in the opinion of Registering >fficer is not in a condition fit to be processed by means of electronic de.ices; in the case of unforeseen e.entuality li3e brea3 down of the computeri?ed system of registration;

"ii$

-ro.ided that the Registering >fficer shall record the reasons in writing therefore; -ro.ided further that the Registering >fficer shall ensure that the data and images of the documents registered during the period of non! application of this part& due to a brea3down of the computeri?ed system& are duly incorporated into the computer system& after the same is restored& in the manner prescribed by the Inspector /eneral of Registration.7 &)added by #!$! #ct &2 of &'''. (!e!f! 7&-&,-&''+* #ART EII O- RE-<SA% TO REGISTER 61. Rea,o*, for ref5,a( to re1',ter to !e recorded "#$ E.ery Sub!Registrar refusing to register a document& except on the ground that the property to which it relates is not situate within his sub!district& shall ma3e an order of refusal and record his reasons for such order in his Goo3 Ao. *& and endorse the words 2registration refused2 on the document; and& on application made by any person executing or claiming under the document& shall& without payment and unnecessary delay& gi.e him a copy of the reasons so recorded. "*$ Ao registering officer shall accept for registration a document so endorsed unless and until& under the pro.isions hereinafter contained& the document is directed to be registered. 6+. A00ea( to Re1',trar fro order, of S5!$Re1',trar ref5,'*1 re1',trat'o* o* 1ro5*d, other tha* de*'a( of e)ec5t'o* "l$ Except where the refusal is made on the ground of denial of execution& an appeal shall lie against an order of a Sub!Registrar refusing to admit a document to registration "whether the registration of

such document is compulsory or optional$ to the Registrar to whom such Sub!Registrar is subordinate& if presented to such Registrar within thirty days from the date of the order; and the Registrar may re.erse or alter such order. "*$ If the order of the Registrar directs the document to be registered and the document is duly presented for registration within thirty days after the ma3ing of such order& the Sub!Registrar shall obey the same& and thereupon shall& so far as may be practicable& follow the procedure prescribed in sections ;)& ;' and 8(; and such registration shall ta3e effect as if the document had been registered when it was first duly presented for registration. 6/. A00('cat'o* to Re1',trar =here S5!$Re1',trar ref5,e, to re1',ter o* 1ro5*d of de*'a( of e)ec5t'o* "#$ When a Sub!Registrar has refused to register a document on the ground that any person by whom it purports to be executed& or his representati.e or assign& denies its execution& any person claiming under such document& or his representati.e& assignee or agent authorised as aforesaid& may& within thirty days after the ma3ing of the order of refusal& apply to the Registrar to whom such Sub!Registrar is subordinate in order to establish his right to ha.e the document registered. "*$ Such application shall be in writing and shall be accompanied by a copy of the reasons recorded under section <#& and the statements in the application shall be .erified by the applicant in manner reEuired by law for the .erification of plaints. 63. #roced5re of Re1',trar o* ,5ch a00('cat'o* In such case& and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him& the Registrar shall& as soon as con.eniently may be& enEuire! "a$ whether the document has been executed; "b$whether the reEuirements of the law for the time being in force ha.e been complied with on the part of the applicant or person presenting the document for registration& as the case may be& so as to entitle the document to registration. 64. Order !8 Re1',trar to re1',ter a*d 0roced5re thereo* "#$ If the Registrar finds that the document has been executed and that the said reEuirements ha.e been complied with& he shall order the document to be registered. "*$ If the document is duly presented for registering within thirty days after the ma3ing of such order& the registering officer shall obey the same and thereupon shall& so far as may be practicable& follow the procedure prescribed in sections ;)& ;' and 8(. "0$ Such registration shall ta3e effect as if the document had been registered when it was first duly presented for registration.

"9$ %he Registrar may& for the purpose of any enEuiry under section <9& summon and enforce the attendance of witness& and compel them to gi.e e.idence& as if he were a ci.il court& and he may also direct by whom the whole or any part of the costs of any such enEuiry shall be paid& and such costs shall be reco.erable as if they had been awarded in a suit under the :ode of :i.il -rocedure& #'(). 66. Order of ref5,a( !8 Re1',trar "#$ E.ery Registrar refusing! "a$ to register a document except on the ground that the property to which it relates does not situate within his district or that the document ought to be registered in the office of a Sub! Registrar& or "b$ to direct the registration of a document under section <* or section <;& shall ma3e an order of refusal and record the reasons for such order in his Goo3 Ao. * and& on application made by any person executing or claiming under the document& shall& without unnecessary delay& gi.e him a copy of the reasons so recorded. "*$Ao appeal lies from any order by a Registrar under this section or section <*. 66. S5't '* ca,e of order of ref5,a( !8 Re1',trar "#$ Where the Registrar refuses to order the document to be registered& under section <* or section <8& any person claiming under such document& or his representati.e& assignee or agent& may& within thirty days after the ma3ing of the order of refusal& institute in the ci.il court& within the local limits of whose original 1urisdiction is situate the office in which the document is sought to be registered& a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree. "*$ %he pro.isions contained in sub!sections "*$ and "0$ of section<; shall& mutatis mutandis& apply to all documents presented for registration in accordance with any such decree& and& notwithstanding anything contained in this Act& the documents shall be recei.able in e.idence in such suit.

#ART EIII O- THE -EES -OR REGISTRATION, SEARCHES AND CO#IES 68. -ee, to !e f')ed !8 State Go7er* e*t %he State /o.ernment shall prepare a table of fees payable! "a$ for the registration of documents; "b$ for searching the registers;

"c$ for ma3ing or granting copies of reasons& entries or documents& before& on or after registration; and of extra or additional fees payable! "d$ for e.ery registration under section 0(; "e$ for the issue of commissions; "f$ for filing translations; "g$ for attending at pri.ate residences; "h$ for the safe custody and return of documents; and "i$ for such other matters as appear to the State /o.ernment necessary to effect the purposes of this Act. 69. #5!('cat'o* of -ee, A table of the fees so payable shall be published in the >fficial /a?ette& and a copy thereof in English and the .ernacular language of the district shall be exposed to public .iew in e.ery registration office. 80. -ee, 0a8a!(e o* 0re,e*tat'o* All fees for the registration of documents under this Act shall be payable on the presentation of such documents. 1[80$A. RECOBERY O- DE-CIT REGISTRATION -EES2$ "#$ Aotwithstanding anything contained in section )(& if after the registration of documents& it is found that the fee payable under this Act in relation to that document has not been paid or has been insufficiently paid& such fee or the deficit in the fee paid& as the case may be& may& on a certificate of the registering officer be reco.ered from the person who presented such document for registration under section 0* as an arrear of a land re.enue; -ro.ided that no such certificate shall be granted unless due inEuiry is made and such person is gi.en an opportunity of being heard; -ro.ided further that no such enEuiry shall be commenced after the expiry of such period& after the date of the registration of the document& as may be prescribed. "*$ the certificate of the registering officer under sub section "#$ shall& sub1ect to appeal under sub section"0$& be final and shall not be called in Euestion in any :ourt or before any authority. "0$ Any person aggrie.ed by a certificate of the registering officer under sub section "#$ may appeal to the Registrar if it is a certificate of the Sub!Registrar& or to the Inspector /eneral of Registration if it is a certificate of the Registrar. All such appeals shall be preferred within such time and shall be heard and disposed of in such manner as may be prescribed.

"9$

%he /o.ernment or the Inspector /eneral of Registration and Stamps may write off the irreco.erable arrears of deficit registration fee sub1ect to such conditions may be prescribed.7

#6 inserted by A.-. Act 9 of #'''& w.e.f. #!9!#'''7 #ART EIB O- #ENA%TIES 81. #e*a(t8 for '*correct(8 e*dor,'*1, co08'*1, tra*,(at'*1 or re1',ter'*1 doc5 e*t, ='th '*te*t to '*J5re E.ery registering officer appointed under this Act and e.ery person employed in his office for the purposes of this Act& who& being charged with the endorsing& copying& translating or registering of any document presented or deposited under its pro.isions& endorses& copies& translates or registers such document in a manner which he 3nows or belie.es to be incorrect& intending thereby to cause or 3nowing it to be li3ely that he may thereby cause in1ury& as defined in the Indian -enal :ode& to any person& shall be punishable with imprisonment for a term which may extend to se.en years& or with fine& or with both. 8+. #e*a(t8 for a9'*1 fa(,e ,tate e*t,, de('7er'*1 fa(,e co0'e, or tra*,(at'o*,, fa(,e 0er,o*at'o*, a*d a!et e*t2$ Whoe.er! "a$ intentionally ma3es any false statement& whether on oath or not& and whether it has been recorded or not& before any officer acting in execution of this Act& in any proceeding or enEuiry under this Act; or "b$ intentionally deli.ers to a registering officer& in any proceeding under section #' or section *#& a false copy or translation of a document& or a false copy of a map or plan; or "c$ falsely personates another& and in such assumed character presents any document& or ma3es any admission or statement& or causes any summons or commission to be issued& or does any other act in any proceeding or enEuiry under this Act; or "d$ abets anything made punishable by this Act; shall be punishable with imprisonment for a term which may extend to se.en years& or with fine& or with both. 8/. Re1',ter'*1 off'cer a8 co e*ce 0ro,ec5t'o*,

"#$ A prosecution for any offence under this Act coming to the 3nowledge of a registering officer in his official capacity may be commenced by or with the permissions of the Inspector! /eneral& the Registrar or the Sub!Registrar& in whose territories& district or sub!district& as the case may be& the offence has been committed. "*$ >ffences punishable under this Act shall be triable by any court or officer exercising powers not less than those of a Fagistrate of the second class. 83. Re1',ter'*1 off'cer, to !e dee ed 05!('c ,er7a*t,

"#$ E.ery registering officer appointed under this Act shall be deemed to be a public ser.ant within the meaning of the Indian -enal :ode. "*$ E.ery person shall be legally bound to furnish information to such registering officer when reEuired by him to do so. "0$ In section **) of the Indian -enal :ode& the words 21udicial proceeding2 shall be deemed to include any proceeding under this Act. #ART EB &ISCE%%ANEO<S 84. De,tr5ct'o* of 5*c(a' ed doc5 e*t,

@ocuments "other than wills$ remaining unclaimed in any registration!office for a period exceeding two years may be destroyed. 86. Re1',ter'*1 off'cer *ot ('a!(e for th'*1 !o*a$f'de do*e or ref5,ed '* h', off'c'a( ca0ac't8 Ao registering officer shall be liable to any suit& claim or demand by reason of anything in good faith done or refused in his official capacity. 86. Noth'*1 ,o do*e '*7a('dated !8 defect '* a00o'*t 0roced5re e*t or

Aothing done in good faith pursuant to this Act or any Act hereby repealed& by any registering officer& shall be deemed in.alid merely by reason of any defect in his appointment or procedure. 88. Re1',trat'o* of doc5 e*t, e)ec5ted !8 Go7er* or certa'* 05!('c f5*ct'o*ar'e, e*t off'cer,

"#$ Aotwithstanding anything contained in this Act& it shall not be necessary for L "a$ any officer of go.ernment& or "b$ any Administrator /eneral& >fficial %rustee or >fficial Assignee& or "c$ the Sheriff Recei.er or Registrar of a High :ourt& or "d$ the holder for the time being of such other public office as may be specified in a notification in the >fficial /a?ette issued in that behalf by the State /o.ernment& to appear in person or by agent at any registration!office in any proceeding connected with the registration of any instrument executed by him or in his fa.our& in his official capacity& or to sign as pro.ided in section ;).

"*$ Any instrument executed by or in fa.our of an officer of go.ernment or any other person referred to in sub!section "#$ may be presented for registration in such manner as may be prescribed by rules made under section 8'. "0$ %he registering officer to whom any instrument is presented for registration under this section may& if he thin3s fit& refer to any Secretary to /o.ernment or to such officer of go.ernment or other person referred to in sub!section "#$ for information respecting the same and& on being satisfied of the execution thereof& shall register the instrument. 89. Co0'e, of certa'* order,, cert'f'cate, a*d '*,tr5 ,e*t to re1',ter'*1 off'cer, a*d f'(ed e*t, to !e

"#$ E.ery officer granting a loan under the Dand Impro.ement Doans Act& #))0& shall send a copy of his order to the registering officer within the local limits of whose 1urisdiction the whole or any part of the land to be impro.ed or of the land to be granted as collateral security& is situate& and such registering officer shall file the copy in his Goo3 Ao.# M6 or get scanned7. "*$ E.ery court granting a certificate of sale of immo.able property under the :ode of :i.il -rocedure& #'()& shall send a copy of such certificate to the registering officer within the local limits of whose 1urisdiction the whole or any part of the immo.able property comprised in such certificate is situate& and such officer shall file the copy in his Goo3 Ao.# M6 or get scanned7.

"0$ E.ery officer granting a loan under the Agriculturists4 Doans Act& #))9& shall send a copy of any instrument whereby immo.able property is mortgaged for the purpose of securing the repayment of the loan& and& if any such property is mortgaged for the same purpose in the order granting the loan& a copy also of that order& to the registering officer within the local limits of whose 1urisdiction the whole or any part of the property so mortgaged is situate& and such registering officer shall file the copy or copies& as the case may be& in his Goo3 Ao.# M6 or get scanned7. "9$ E.ery re.enue!officer granting a certificate of sale to the purchaser of immo.able property sold by public auction shall send a copy of the certificate to the registering officer within the local limits of whose 1urisdiction the whole or any part of the property comprised in the certificate is situate& and such officer shall file the copy in his Goo3 Ao.#. M6 or get scanned7.

6 ";$

e.ery officer empowered to grant a certificate of sale of immo.able property under the Andhra -radesh :o! operati.e Societies Act& #'89 of the rules made thereunder shall send a copy of such certificate to the Registering officer within the local limits of whose 1urisdiction the whole

or any part of the immo.able property comprised in such certificate is situate and such registering >fficer shall file the copy in his Goo3 Ao# M6 or get scanned7. ";$ "8$ E.ery %ribunal issuing a certificate under sub section "8$ of section 0) sub section "*$ of section 0)!E of the Andhra -radesh "%elangana Area$ %enancy and Agricultural Dand Act& #';(& declaring the protecteant to be the purchase or owner& as the case may be& of the land and e.ery %ashildar issuing a certificate sanctioning the exchange under sub section "*$ of section 0' or under section ;(!G of the Act aforesaid declaring the .alidity of any alienation or other transfer of agricultural land shall send a copy of such certificate to the Registering >fficer with the loacal limits of whose 1urisdication the whole or any part of the agricultural and comprised in such certificate is situate and such registering officer shall file the copy in the Goo3 Ao # M6 or get scanned7.
@

)added by #!$! #ct of &'''. (!e!f! 7&-&,-&''+* EEE&#TION -RO& ACT

90. E)e 0t'o* of certa'* doc5 Go7er* e*t

e*t, e)ec5ted !8 or '* fa7o5r of

"#$ Aothing contained in this Act or in the Indian Registration Act& #)<<& or in the Indian Registration Act& #)<#& or in any Act thereby repealed& shall be deemed to reEuire& or to ha.e any time reEuired& the registration of any of the following documents or maps& namely ! "a$ documents issued& recei.ed or attested by any officer engaged in ma3ing a settlement or re.ision or settlement of land! re.enue& and which form part of the records of such settlement; or "b$ documents and maps issued& recei.ed or authenticated by any officer engaged on behalf of go.ernment in ma3ing or re.ising the sur.ey of any land& and which form part of the record of such sur.ey; or "c$ documents which& under any law for the time being in force& are filed periodically in any re.enue!office by patwaris or other officers charged with the preparation of .illage records; or "d$ sanads& inam& title!deeds and other documents purporting to be or to e.idence grants or assignments by /o.ernment of land or of any interest in land; or "e$ notices gi.en under section <9 or section <8 of the Gombay Dand!Re.enue :ode& #)<'& of relinEuishment of occupancy by occupants& or of alienated land by holders of such land. "*$ All such documents and maps shall& for the purposes of sections 9) and 9'& be deemed to ha.e been and to be registered in accordance with the pro.isions of this Act. 91. I*,0ect'o* a*d co0'e, of ,5ch doc5 e*t,

#"#$ Sub1ect to such rules and the pre.ious payment of such fees as the *6State /o.ernment& by notification in the >fficial /a?ette& prescribes in this behalf&7 all documents and maps mentioned in section '(& clauses "a$& "b$& "c$ and "e$& and all registers of the documents mentioned in clause "d$& shall be open to the inspection of any person applying to inspect the same& and& sub1ect as aforesaid& copies of such documents shall be gi.en to all persons applying for such copies. 06"*$ E.ery rule prescribed under this section or made under section 8' shall be laid& as soon as it is made& before the State Degislature.7 9+.
3

[Re0ea(ed "

9/. 4[Re0ea(ed " 6 #. %he original sec. '# renumbered as sub!sec "#$ of that section by Act * of #')0. *. subs by ibid 0. sub section "*$ to section of inserted by ibid 9. omitted by A.>. #'0). ;. Repealed by Act # of #' ;; 1section * and schedule

THE SCHED<%E Repeal of enactments 6Repealed by Act # of#'0)& Schedule 7 section * and