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REGISTRATION &
SEARCHING
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The Registration Act, 1908
is a Consolidating Act and not an Amending Act. It extends
to the whole of India except the State of Jammu and
Kashmir . The Preamble of the Act states "An Act to
consolidate that enactments relating to the Registration
of Documents". The object of such consolidation is the
reduction in to a systematic form of the whole provisions
contained in number of statues relating to the
Registration of documents. Registration system was almost
unknown to the Indian people due to the lofty ethics. But
time gradually began to change and the need for compulsory
registration was felt, especially in the declining Moghul
period of the 18 th Century so that no one could claim any
interest on any forged document or Sanad during or on the
eve of the British Rule. Provincial laws were passed from
time to time for the establishment of offices of
registration.
By Act VIII of 1871, the office of the Registrar General
was abolished under the altered designation of "Inspector
General of Registration" as an office of record and
registry and the limitation of the duties to Inspection
and General Superintendence.
After several amendments, the present Registration Act
(XVI of 1908) came into force on 1 st January 1908 . The
provisions relating to the registration of documents were
scattered about in seven enactments and the object of
passing of this Act was to collect these provisions and
incorporate them in one Act. Even after that it has gone
through several amendments and the Registration Act,1908
was adapted with some changes finally.
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THE OBJECTS OF THE LAW OF REGISTRATION ARE
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1) to provide
conclusive guarantee of the genuineness of document
2) to afford publicity to transactions
3) to prevent frauds
4) to afford facility of ascertaining whether a property
has already been dealt with and
5) to afford security of title deeds and facility of
proving titles in case the original deeds are lost or
destroyed
But registration does not effect to the following :
6) Registration is not by itself
absolute proof of the execution of a document
7) mere registration does not prove title nor prove
bonafides;
8) registration does not confer validity upon an
instrument which is otherwise ultravires or illegal or
fraudulent. There are XV parts and 91 sections in the
Registration Act, which deals with the Registration
Establishment, registrable documents compulsory &
optional registration, time for presentation of
documents; presenting documents for registration,
enforcing the appearance of the executants and
witnesses, presenting wills and authorities to adopt,
deposit of wills, effects of registration and
non-registration, the duties and powers of Registering
officers, refusal to register etc.
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Some of the important sections of the
registration Act are:
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Section 16 A
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Keeping of Books in computer floppies, diskettes
or any other electronic form;
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Section 17
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Documents of which registration is compulsory,
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Section 18
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Documents of which registration is optional,
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Section 23
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Time for presenting documents,
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Section 27
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Wills may be presented at any time
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Section 28
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Place for registering documents relating to
land/immovable property.
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Section 30
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Regarding registration by Registrars in certain
cases has been omitted and in West Bengal section
30A and 30B have been inserted for registration by
Registrar of Assurances , Kolkata in respect of
properties situated in any part of West Bengal and
in any part of India in cases of deed of mortage
and reconveyance deed executed by an employee of a
Government, a statutory body or a local authority.
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Section 31
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Registration at Private residence.
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Section 32A
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has been inserted by Act, 48 of 2001 (with effect
from 24.9.2001) or compulsory affixing photographs
and fingerprints to the documents.
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There are many
other important sections and in case of any difficulty
the said Act may be consulted.
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