THE REGISTRATION ACT, 1908 [Overview]

 

I. INTRODUCTION

1. Object and Purpose of the Act

The Registration Act, 1908 was enacted to consolidate the law relating to registration of documents and to ensure:

• Certainty of title to immovable property

• Public notice of transactions affecting property

• Prevention of fraud and forgery

• Preservation of evidence of transactions

Registration does not create title, but it confirms and records transactions affecting rights in property.

2. Historical Background

• Earlier laws: Registration Acts of 1864, 1866, and 1877

• The 1908 Act unified and systematized registration law across British India.

• Continues to operate with amendments by States under Concurrent List (Entry 6, List III).

II. SCOPE AND APPLICABILITY

1. Territorial Extent

• Extends to whole of India, including the State of Jammu & Kashmir (as per J&K Reorganization Act 2019).

• Applicable where State Governments have notified registration districts.

2. Transactions Covered

The Act applies to documents which:

• Affect immovable property

• Create, assign, declare, limit or extinguish rights, title, or interest

• Require public notice to safeguard third-party interests

3. Nature of the Act

• Procedural, not substantive

• Complements:

  • Transfer of Property Act, 1882

  • Indian Stamp Act, 1899

• Non-registration may render documents inadmissible in evidence.

III. DEFINITIONS (SECTION 2)

1. “Immovable Property” – Section 2(6)

Includes:

• Land

• Buildings

• Benefits arising out of land

Excludes:

• Standing timber

• Growing crops

• Grass

📌 Interpretation is aligned with Section 3, Transfer of Property Act, 1882.

2. “Lease” – Section 2(7)

A lease includes:

• Lease of immovable property

• Counterpart

• Kabuliyat

• Agreement to lease

3. “Movable Property” – Section 2(9)

Includes:

• Standing timber

• Growing crops

• Grass

• Machinery not permanently attached to earth

4. “Registration” – Section 2(10)

Means registration under this Act following:

• Presentation

• Admission of execution

• Entry in proper register

IV. REGISTRABLE DOCUMENTS

A. Compulsory Registration

(Section 17)

Documents Mandatorily Registrable (Section 17(1)):

1. Instruments of gift of immovable property

2. Non-testamentary instruments creating, declaring, assigning, limiting or extinguishing:

   • Rights, title, or interest

   • Value ₹100 and above

3. Leases of immovable property:

   • From year to year

   • For term exceeding one year

   • Reserving yearly rent

4. Decrees or orders of court affecting immovable property (with exceptions)

Landmark Case: Narandas Karsondas v. S.A. Kamtam (1977)

Facts:
A sale agreement was executed but not registered. Possession was handed over.

Ratio Decidendi:
A sale of immovable property can only be completed by a registered sale deed.

Significance:

• Clarified distinction between agreement to sell and sale

• Reinforced compulsory registration under Section 17

Consequences of Non-Registration

(Section 49)

An unregistered document:

• Cannot affect immovable property

• Cannot be received as evidence

• Can be used only for collateral purposes

Landmark Case: K.B. Saha & Sons v. Development Consultant Ltd. (2008)

Facts:
An unregistered lease deed was sought to be relied upon in court.

Ratio Decidendi:
An unregistered document may be used only to prove collateral transactions, not main terms.

Significance:

• Defined scope of “collateral purpose”

• Balanced evidentiary exclusion with equitable considerations

B. Optional Registration

(Section 18)

Documents which may be registered include:

• Instruments relating to property worth less than ₹100

• Wills

• Adoption deeds

• Powers of Attorney

• Agreements not affecting title

📌 Optional registration enhances evidentiary value, though not mandatory.

V. PRESENTMENT OF DOCUMENTS

1. Time for Presentation

(Section 23)

• Document must be presented within four months from date of execution.

Delay and Condonation

(Section 25)

• Delay up to four additional months

• Subject to:

  • Payment of fine (up to 10 times registration fee)

  • Proof of unavoidable accident

Landmark Case: Raghunath v. Kedarnath (1969)

Facts:
Document was presented after statutory period without sufficient cause.

Ratio Decidendi:
Registrar has no discretion beyond statutory limits under Sections 23 and 25.

Significance:

• Reinforced strict compliance with limitation for registration

2. Place of Presentation

(Sections 28–30)

• Document relating to immovable property must be presented:

  • In the sub-district where property is situated

• Special permission allows presentation at Registrar’s office in limited cases.

3. Persons Entitled to Present

(Section 32)

Document may be presented by:

• Person executing it

• Claimant under it

• Agent or representative duly authorized

4. Admission of Execution

(Sections 34–35)

Registrar must:

• Verify identity of executants

• Ensure voluntary execution

• Record admission or denial

If execution is denied → registration refused.

Landmark Case: Lachhman Dass v. Ram Lal (1989)

Facts:
Execution was disputed before the Registrar.

Ratio Decidendi:
Registrar must conduct a summary inquiry before admitting execution.

Significance:

• Safeguards against fraudulent registrations

• Ensures procedural fairness

VI. SIGNIFICANCE OF REGISTRATION UNDER THE ACT

1. Provides public notice of transactions

2. Ensures certainty and transparency in property dealings

3. Prevents multiple and fraudulent transfers

4. Strengthens marketability of title

5. Facilitates judicial adjudication

VII. CONCLUSION

The Registration Act, 1908 is a cornerstone of Indian property law, functioning as a procedural safeguard that protects ownership rights, ensures transparency, and upholds public confidence in property transactions. Judicial interpretation has consistently reinforced its mandatory nature, while allowing limited equitable exceptions for collateral purposes.