Ministry of Rural Development
The Registration Act, 1908, is a crucial piece of legislation that consolidates the laws relating to the registration of documents in India. This Act provides a comprehensive framework for the registration of various types of documents, ensuring their legal validity and providing a public record of transactions. It outlines the procedures for registration, the duties and powers of registering officers, and the effects of registration and non-registration. The Act aims to prevent fraud and disputes related to property and other transactions. It is a cornerstone of the Indian legal system concerning property and contractual matters.
Act Background and Ministry:
The Registration Act, 1908, was enacted during the British colonial rule in India to consolidate and amend the existing laws related to the registration of documents. The Act was passed by the Governor-General of India in Council. Currently, the subject matter of the Act would fall under the domain of the Ministry of Law and Justice or the equivalent ministry dealing with legal matters in the central and state governments of India.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on December 18, 1908. It is structured into 93 sections, divided into 15 parts.
Act Governed By:
The Act is primarily governed by the Inspector-General of Registration, who has general superintendence over all registration offices. The Act also outlines the roles and responsibilities of Registrars and Sub-Registrars, who are responsible for the day-to-day administration of registration offices. The State Governments also play a significant role in setting up the infrastructure and rules for the implementation of the Act.
On Whom it is Applicable:
The Registration Act, 1908, is applicable to the whole of India. It applies to all individuals and entities who execute or claim under documents that are required or permitted to be registered under the Act. This includes individuals, companies, and government entities involved in transactions related to immovable property, wills, and other legal instruments.
Penalties/Punishments:
The Act specifies various penalties and punishments for non-compliance. These include:
-
Imprisonment and Fines: For incorrectly endorsing, copying, translating, or registering documents with intent to injure, for making false statements, delivering false copies or translations, and for false personation.
-
Refusal to Register: Documents may be refused registration if they do not comply with the provisions of the Act, such as not being presented within the prescribed time, not being accompanied by a true copy, or not being executed by the proper parties.
-
Fines for Delay: Delays in presenting documents for registration may lead to the imposition of fines.
Important Pointers:
-
Compulsory and Optional Registration: The Act specifies which documents must be registered (compulsory registration) and which can be registered optionally.
-
Registration Offices: The Act defines the structure of registration offices, including the roles of Registrars, Sub-Registrars, and Inspectors of Registration offices.
-
Time of Presentation: The Act sets time limits for presenting documents for registration, with provisions for condoning delays in certain circumstances.
-
Procedure for Registration: The Act outlines the procedures for presenting documents, verifying their execution, and registering them.
-
Effects of Registration: Registered documents take effect from the time they would have commenced operating if registration was not required, and they have priority over unregistered documents.
-
Effects of Non-Registration: Unregistered documents that are required to be registered cannot affect immovable property, confer power to adopt, or be received as evidence of a transaction.
-
Inspection and Copies: The Act allows for the inspection of registration records and the issuance of certified copies of entries.
-
Fees: The Act empowers State Governments to fix fees for registration, searches, and copies.
-
Power of Attorney: The Act specifies which powers of attorney are recognized for the purposes of registration.
-
Exemption of Government Documents: Certain documents executed by or in favor of the government are exempted from registration.
Act Copy: