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GENERAL & COMMERCIAL LAWS

REGISTRATION ACT 1908 The Registration Act, 1908

1. INTRODUCTION In Order to give notice to the world that a document has been registered to serve as a source of information as well prevent fraud and forgery, there is provision for registration of documents and not a transaction. 2. REGISTRATION OF DOCUMENTS Documents which registration is Compulsory [ Sec. 17 ] Sec. 17 (1) enumerates 6 types of documents which require compulsory registration.
1.

Instruments of gift of immovable property. In a case law " Kalyan Sundram vs Karuppa " , it was held that registration is necessary for the enforcement of gift of immovable property. Non-testamentary instrument which create, declare , assign, limit or extinguish , any right title or interest for a value of 100 or more , in immovable property. Acknowledgement to receipt or payment of any consideration for creation , declaration , assignment, limitation , or extinction of any right , title or interest of the value of 100 or more in immovable property. Lease of immovable property from year to year or for term exceeding 1 year or reserving a yearly rent. Non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award , declare , assign, limit or extinguish any right, title or interest , of the value of 100 or more in immovable property . Authorities to adopt a son and not conferred by will. Document which registration is not necessary [ Sec. 17 (2) ]

2.

3.

4.

5.

6.

Sec. 17 (2) of the Act, enumerate the following documents which not require registration :-

1. Any composition deed : Composition Deed includes any instrument executed by a debtor whereby he conveys his property for the benefit of his creditors. 2. Any instrument relating to shares in a joint stock company.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 3. Any debenture issued by a joint stock company and not creating. declaring assigning, limiting or extinguishing any right , title or int. to or in immovable property : or 4. Any transfer of any debenture issued by a joint stock Company ; or any document not itself creating, declaring , assigning, limiting or extinguishing any right, title or interest of the value of 100 and upward to or in immovable property, 5. Decree or order of a court except DEFINED IN SECTION 17 6. A grant of immovable property by the government ; or 7. Any instrument of partition made by a revenue office ; or 8. Any certificate of sale granted to the purchaser of any property sold by Public auction by a civil or Revenue Office. 9. Document of the payment of any earnest money or of the whole or any part of the purchase money. Documents, Which Registration is optional [ Sec. 18 ] As per Section 18 in respect of following instruments , registration is optional :
1.

Instruments , which create , declare , assign , limit or extinguish any right title interest , of a value less than 100 in immovable property. Acknowledgement of receipt for a sum of less than 100. Lease of immovable property:- for not exceeding 12 months and leases exempted under Sec. 17 Instrument transferring or assigning any decree or order of a court or any award:- when such decree or order or award creates, declares ,assigns, limits or extinguish any right , title or interest , of a value less than 100 in immovable property ; Instruments of movable property which purport or operate of create , declare , assign, limit extinguish any right title or interest. Wills ; and All other documents not required to be registered u/s of the Act. TIME LIMIT FOR PRESSENTATION OF DOCUMENT FOR

2. 3.

4.

5.

6. 7.

3.

REGISTRATION [SEC. 23-26 ] Section 23 : A document executed in India must be presented before the Registrar for registration Within 4 months from the date of its execution.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 23A. Re-registration of certain documents:-

if a document presented by a person who is not duly empowered to present the same, and document has been registered, then:• Actual person claiming under such document may, within 4 months from becoming aware that the registration of such document is invalid, can = present such document for reregistration in the office of the Registrar of the district in which the document was originally registered; Section 24 : where there are several persons executing a document at different times, such document may be presented for registration and re-registration within 4 months from the date of each execution . Section 25 : Provision where delay in presentation is unavoidable [Within 8 months] Registrar has got the power to condone the delay in presenting the document for registration up to a period of 4 months , provided that the applicant satisfies the Registrar that he has been prevented by , sufficient cause or reasons beyond his control in presenting the documents for registration within the prescribed period of four months. Sec. 26 Documents executed outside India When a document was executed outside India it must be presented for registration within 4 months after its arrival in India . A document executed outside India and which requires compulsory registration , is not valid unless it is registered in India. [Sec.27] Time limit for presentation of Will A will may be presented at any time of purpose of registration.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 4. PLACE OF REGISTRATIN OF DOCUMENTS [ SEC. 28,]

Documents affecting immovable property u/s 17---- present within 4 month---District----where property situated--- in the office of a Sub-Registrar Documents relating to any property, other than immovable property, may be presented for registration . in the office of sub-Registrar in whose sub-district where the document was executed SEC. 32-33 PRESENTATION OF DOCUMENT FOR REGISTRATIN Section 32 : Document for registration can be presented by anyone of the following : (a) by some person executing or claiming under the document. (b) by representative or assign of such person (c) by agent of such person duly authorized by Special power of attorney in his favour Section 33 : EXECUTION OF POWER OF ATTORNEY If the person is resident of India , • power of Attorney must be executed before Registrar of Sub-Registrar where the person is residing. If he is residing out , of India , document of power of attorney can be executed before notary public , or any court , judge, magistrate , Indian consul or representative of Central Government. [ SEC. 40-46 ] REGISTRATIN & DEPOSTI OF WILL Person entitled to present Will [ Sec. 40 ] The testator , or after his death any person claiming as executor, may present the will to any Registrar or sub-Registrar for registration Testator means A man who makes and leaves a will, at death.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 4

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 Registration of wills and authorities to adopt [ Sec. 41 ] 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. If the above document is presented by any other person entitled to present then if Registrar is satisfied that :the Will was executed by the testator ( Donor ) the testator ( Donor ) is dead ; and the person presenting the will or authority is entitled under Section 40 to present the same. Deposit of wills [ Sec. 42-43] Person entitled to Deposit wills :Any testator may either personally or by duly authorized agent deposit with any Registrar his will in a sealed cover with the name of the testator and agent Nature of the document ( i.e. will ) On receiving such documents , the Registrar on being satisfied shall entry in his Register -

Book No.5 , and shall note the date , time, month etc. and then place and retain the sealed cover in his fire-proof box. . SEC. 47-50 EFFECT OF REGISTRATION Registered Document when operative [ Sec.47] A registered document shall operate from its date of execution and not from date of Registration . If there is two registered document, then date of execution determines priority and not the date of execution determines priority and not the date of registration . Registered Document enjoys priority over unregistered [ Sec. 48 ] A non-testamentary registered document , relating to property , takes effect against any oral agreements relating to such properly. However, when the oral agreement accompanied by delivery of possession , then the oral agreement will prevail over the registered document.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 5

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 SECTION 49 Effect of non- registration of documents required to be registered document will not effect (a) any immovable property or (b) any power to adopt, or (c) will not received as evidence. Proviso to Section 49 of the Registration Act, 1908 provides that an unregistered document affecting immovable property and required by this Act or by the Transfer of Property Act, 1882 to be registered , may be received as evidence for specific performance .

Registered documents shall take effect unregistered document [Sec.50] Document , which registration is compulsory , if registered, well take effect against every unregistered document. A. DUTIES AND POWERS OF REGISTERING OFFICER Books to be maintained by R.O. ↓ Book No. 1- non- testamentary documents Book 2," reasons for refusal to register Book 3," Register of wills and authorities to adopt Book 4," Miscellaneous Register";not related to immovable property ↓ In the offices of Registrars Book 5," Register of deposits of wills"

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS

REGISTRATION ACT 1908

B.PROCEDURE TO REGISTRATION ON ADMISSION OF DOCUMENT The following particulars shall be endorsed on such document: signature and addition of every person/ his agent the signature and addition of every person examined any payment of money or delivery of goods made in the presence of the registering officer. If any person refuses to endorse the same, ↓ the registering officer shall NOT REGISTER the doc.and endorse a note of such refusal.

C. Certificate of registration. After compliances of all the provision of the act then R.O. will Register the documents with a word “REGISTERED”. Certificate shall be SIGNED,SEALED, DATED by R.O. D. Procedure where document relates to land in several sub- districts./ NOT SITUATED WHOLY IN DISTRICT OF REGISTRAR:REGISTRAR will make and forward a MEMORANDUM+MAP+document ↓ To every registrar/SUB-REGISTRAR whose dist. The property is situated He shall file in book no-1 The sub Reg. will Register the document which is situated in his district only

E. REFUSAL TO REGISTER BY THE SUB-REGISTRAR Reason: 1. property is not situated in the dist of sub registrar 2. will five the order of refusal and entry in book no.-2 with the word REGISTRATION REFUSED .

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS

REGISTRATION ACT 1908

F. APPEAL TO REGISTRAR The appeal can be filed against the orders s of Sub- Registrar on refusing registration:Registrar may reverse or alter such order given by sub registrar. Time period of appeal---within 30 days from date of order Sub Registrar will obey the order. G. Application to Registrar when Sub- Registrar refuses to register on ground of denial of execution.↓ Then aggrieved person may file application to registrar (which is not regarded as appeal) R.O. will raise the following questions from aggrieved person that whether The document is fully executed Or the compliances of provisions of the acts are complied or not ↓ If Registrar on being satisfied then HE WILL ORDER FOR REGISTRATION. BUT IF R.O. REFUSE TO REGISTER THE DOCUMENT HE CAN FILE THE SUIT IN CIVIL COURT TIME PERIOD:- WITHIN 30 DAYES FROM THE DATE OF ORDER OF REFUSAL

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS

REGISTRATION ACT 1908

Past year Questions
PRACTICAL QUESTIONS 2004, December , CS Inter , 5 Marks:-Ajit sells a house to Baljit by a written document in 1997 and delivers possession there to Balijit. But the document is not registered. After one year, Ajit sues Baljit to take back possession of the house on the ground that because of non-registration , the document has no validity. Will Ajit succeed ? Answer : As per Section 49 of the Registration Act, 1908 if a document is to be registered but has not been registered , it cannot affect any immovable property or cannot be admitted in evidence of any transaction affecting such property unless it has been registered. Proviso to Section 49 of the Registration Act, 1908 provides that an unregistered document affecting immovable property and required by this Act or by the Transfer of Property Act, 1882 to be registered , may be received as evidence for specific performance of contract.

DECISION:-In Ajit will not succeed because of the effect of section 53 A of the Transfer of
Property Act, 1882 and Section 49 of the Registration Act, 1908 . The Instrument of transfer is admissible even without registration.

2005, June , CS Inter , 5 Marks :-Rohit executes a sale deed of a house in favour of Prem. The house is situated at NOIDA , but the transferor and transferee want the sale deed to be registered at Luckhow, which is the capital of the State. Can they do so ?

Answer : As per Section28 of Registration Act, 1908 every document mentioned in Section 17
(1), Section 17 (2) insofar as such document affects immovable property and Section 18 shall be presented for registration in the office of a Sub-Registrar within whose sub-district the-while or some portion of the property is situate.

DECISION :the sale deed shall be registered at Noida where the property is situated.
2005 , June , CS Inter , 5 Marks :-Amrit executed a gift deed in his life time in favour of Bhanu . The gift deed was not registered during the life time of Amrit. Bhanu , after death of Amrit, Presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit raised an objection for the registration of the gift deed on the ground of take signatures of Amrit. Bu the witnesses to the gift deed contended that the signatures were made before them by the donor at the

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 9

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 time of execution of gift deed. Whether the gift deed will be treated valid for registration under the Registration Act, 1908 ? Answer : If the donor dies before registration, the document may be presented for registration after his death and if registered, it will have the same effect as registration in his lifetime .

The Privy Council in Kalyana Sundram v. Karupppa , has held that the registration of gift deed of any immovable property shall operate from the date of execution of gift deed. When the instrument of gift has been handed over by the donor to donee and accepted by him , the former has done every thing in his power to complete the donation and to make it effective. If it has been presented before the Registrar for registration within the prescribed time period , the Registrar must register it .

DECISION, here the gift deed will be treated valid for registration and the registration of deed will be treated operative from the date of execution of deed. 2006, June , CS Inter , 2 Marks Akhilesh executed a sale deed of a house in favour of Brijesh. The house is situated at Patna. Akhileshy want to get the sale deed registered at Delhi,Can he do so? Answer : Akhilesh cannot do so. He will have to register the sale deed in the office of the SubRegistrar of Patna within whose sub-district property to which the document relates is situated. 2006 , June, CS Inter , 5 Marks By an agreement , Anamika transferred to Bhipasha a decree of a court by which she was entitled to posses 500 bighas of lans, IS it necessary to register such a transfer unde r the Registration Act, 1908? Answer : The transfer is required to be registered under the Registration Act, 1908. Section 17 of the Registration Act provides that non testamentary instruments transferring or assigning any decree or order of a court or any award, to create , declare, assign limit or extinguish ; any right , title or interest , whether vested or contingent of value of one hundred and upwards in immovable property , such decree of order or award is required to be registered. 2006, December , CS Inter , 5 Marks :-Ajoy has executed a gift deed in favour of Bijoy. But prior to the registration of gift deed, Ajoy dies. Ajoy has already given the delivery of possession to

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 10

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 Bijoy. The heirs of Ajoy wished to register the gift. Bijoy's brother objected on the ground that it being a non-registered gift in the life -time of Ajoy , it cannot be registered sustainable.

Registration of gift shall be binding from the date of execution of gift and not from the date of registration . Answer : The Privy Council in Kalyana Sundram v. Karuppa , , has held that the registration of gift deed of any immovable property shall operate from the date of execution of gift deed . When the instrument of gift has been handed over by the donor to donee and accepted by him , the former has done every thing in his power to complete the donation and to make it effective . If it has been presented before the Registrar for registration within the prescribed time period. the Registrar must register it. 2007, June CS Inter , 6 Marks:-Bijoy executed a contract for purchasing a piece of land in Delhi from Ajoy . Just after execution of contract , Bijoy proceeded to England and he is not expected to return to India before six months. Chirag, a good friend of Ajoy who has general power of attorney to act on behal of Bijoy, gets the said sale deed registered. Is this registration valid ?

Answer : Registration of sale deed made by Chirag is not valid . Section 32 of the Registration Act, 1908 specifies the persons who can present documents for registration at the proper registration office. Such persons are as follows : (a) (b) (c) Some executing or claiming the representatives or assign of such person , or the agent of such person , ,duly authorized by power-of- attorney executed.

Under Section 33 of the Registrations Act, a special power of attorney is required. A general power of attorney will not do.

DECISION Chirag a good friend of Ajoy done not fall in any of the categories mentioned above.
Further , Chrag has only general power of attorney and not the special power of attorney as provided under Section33. Therefore , the registration got done by Chirag is not valid. 2007, December , CS Inter , 5 Marks Ankur has made a gift of a house to Bhaskar . Ankur has signed on the gift deed and handed over the possession of the house to Bhaskar . Ankur did not want gift deed to be registered. After sometime, Ankur dies. There was a long delay in the

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 registration of the gift deed. Whether the period od dealy may be condoned by the Registrar for the registration of gift deed after the death of the donor under the Registration Act, 1908. Answer : Whether delay can be condoned ? Time permitted for delay up to four months : Section 25 of the Registration . Act, 1908 lays down the where the prescribed time period for registration is lapsed and where the delay in presentation of a document does not exceed four months due to any urgent necessity or an unavoidable accident. If a document is not presented for registration within the prescribed time period of four months , and if in such a case the delay in presentation of the documents does not exceed a subsequent period of four months , then the parties to the agreement can apply to the Registrar , who may direct that on payment of a fine not exceeding ten times the proper registration fees , such a document should be admitted for registration . the Registration can condone delay up to the as stipulated under the Registration Act.

DECISION, if the delay exceeds beyond the prescribed limit. then the document can not be registered. 2009, December Gautam executed a document on 20th October , 2007 in favour of Thomas , Thereafter , Gautam executed another document on 1st December , 2007 in favour of Peter in respect of the same property. The document between Gautam and Thomas was registered on 15th January , 2008 whereas the document between Gautam and Peter was registered on 15th December , 2007. Which document gets priority and why ? 5 marks Answer : Section 47 of the Registration Act 1908 provides that a registered document shall operate from the date of its execution not from the time of its registration. Between two registered documents, the date of execution determines the priority. Of the two registered documents , executed by same persons in respect of the same property to two different persons at two different times, the one which is executed first gets priority over the other , although the former deed is registered subsequently to the later one.

DECISION, As is evident , the date of the execution of the document is material and not he date registration , and the document executed first gets priority over the other.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 12

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 In this case document executed on 20.10.2007 between Mr. Gautam and Mr. Thomas will get priority because it is executed prior to 1.12.2007.

Multiple choice questions
Objective Type Questions: 1. As per the Registration Act 1908 , a testator may deposit with any Registrar his will in a sealed cover super scribed with the name of the testator (a) Personally (b) Through an agent (c) Through an agent (d) Either (a) or (b) Fill in The Blanks : 1. Attestation is valid and complete when Two witnesses sign the instrument. [ D- 2008 ] True & False : 1. An unregistered document under section 17 of the Registration Act 1908 Can be used in any legal proceeding to bring out indirectly the effect which it would have if registered. [ J- 2008 ] 2. A document executed by several persons at different times may be presented for registration and re-registration within six months from the date of each OBJECTIVE TYPE QUESTIONS Q.1 (a) Choose the most appropriate answer from the given options in respect of the following : Immovable property does not include : (i) Land and buildings. (ii) Hereditary allowances. (iii) Right to ways , lights . (iv) Standing timber , growing crops or grass . Ans. (IV) Documents compulsorily to be registered : Instruments of gift of immovable property. Non-testamentary instruments which purport to create any right of the value of Rs. 100/-and above. [J-2009] [J-2008], [D-2010]

(b) (i) (ii)

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

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GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 (iii) Testamentary instruments which acknowledge the receipt or payment of any consideration on account of creation , declaration, assignment, limitation or extinction of any such right, title or interest. (iv) Non-testamentary instrument transferring any decree of a court purports to assign, any right of the value less than Rs. 100/Ans. (I) (c) As per the registration Act, 1908 a testator may deposit with any register his will in sealed cover super scribed with the name of the (i) Personally (ii) Through an agent (iii) Through any person (iv) Either (a) or (b). Ans. (IV) Re-write following sentence after filling -up the blank space with appropriate word (s) so as to convey the correct meaning. (i) All document , other than a will , shall be accepted for registration if presented to the proper office within ........................moths form the date of its execution . (four) (ii) Any document which is intended to be operative immediately is called a ........ ......document .(non-testamentary ) (iii) A & B executed a single document on 8th February , and 12th July respectively . The document shall be presented for registration before ...............& .............. ( 8th June , 12th November ) (8th June , 12th November ) (iv) Every document required registration shall be presented for registration in the officer of a ................. within whose sun-district the whole or some portion of the property to which such document relates in situate. ( Sub - registrar ) Every registering officer shall be punishable with imprisonment for a term which may extend of ...................... years of with fine or with both if he endorses, translates , makes copies or registers in a manner which he knows or believes to be incorrect intending thereby to cause injury to any person. ( Seven years ) Attestation is valid and complete when ............... with\nesses sigh the instruments. ( 2 or more )

Q.2

(v)

(vi)

Q.3 (a)

Answer 'True' or False ' to the following : A sale - deed executed by X in respect of this properties situated in Ranchi, Patna and Hazaribagh can be registrar at Ranchi, Patna and Hazaribagh.

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 14

GENERAL & COMMERCIAL LAWS REGISTRATION ACT 1908 True : As per section 28 of the registration Act, 1908 , every document required registration shall be presented for registration in the office to the sub-registrar with in whose jurisdiction the property is situated. (b) The testator of after his death , any person claiming as executor or otherwise under the will may present in to any registrar and sub-registrar and sub-register for registration .

True : As per section 40 of the registration Act, 1908 , the testator or after his death , any person claiming as executor may present the will for registration . (c) whoever intentionally delivers to a registering officer false copy or translation of a document or a false of a map or plan shall be punishable with imprisonment for a term ,which may extend to the years of with fine or with both.

False : Whoever intentionally delivers to registering officer false copy of a map shall be punish able For a period of 7 years . (d) An unregistered document under section 17 of the registration Act, 1908 can be used in any legal proceeding to bring out indirectly the effect which it would have if registered .

False : As per section 49 of the registration Act, 1908 , any document required to be registered shall not be received as evidence of any transition affecting such property or conferring such power unless it has been registered . (e) A document executed by several persons at different times may be presented for registration and re-registration within six months from the date of each execution .

False : As provided in section 12 of the registration Act, a document executed by several persons at different times may be presented for registration and re-registration within four months date of each execution . MISCELLANECOUS PROBLEMS Where can the following documents be registered ? (a) A sale -deed executed by R.k. saxena in respect of his properties situated in Ranchi, Patna and Hazaribagh. (b) A will executed by ram in respect of his properties. (c) A copy of a decree affecting immovable property passed by the munsef of dhanbad which was reversed by the district judge of shanbad and restored and restored by the high court a Ranchi. (d) A copy of the decree of munsif of dhanbad in a suit relating dissolution of partner ship between X of Dhanbad , Y of Bokaro and Z of Kodarma. COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]
Page 15

Q.1

GENERAL & COMMERCIAL LAWS Ans. (a) (b) (c) (d)

REGISTRATION ACT 1908

Either at Ranchi or Patna or Hazaribagh The will may be presented to any registral and sub-registrar to registration as per Sec. 40 of the Act. At dhanbad where the original decree was passed. At the office of any sub-registrar, under the state government of jharkhand where X, Y and Z mutually agree to get the registered.

Q.2

Are the following gifts compulsorily registrable ? (a) A gift of immovable property worth Rs. 50/(b) A gift of an immovable property by a Muslim in favour of mosque. (c) A gift of debt secured by a mortgage of immovable property. Yes, it is to be compulsorily registered. A mosque is a juristic person and therefore the gift made in favour of it must be registered. Yes, it is to be registered compulsorily.

Ans. (a) (b) (c)

Q.3 Are the following deeds of partition compulsorily register able ? (1) Deed of partition on family arrangement. Ans. If the immovable property is of the value Rs. 100/- or upwards and if a document is prepared for the purpose of formal record, it must be registered. (2) A deed to partition of immovable property between X and Y is made. The share of the property is Rs. 90/- each. Will the document require registration ? Ans. Yes, it must be registered as the total value of the property is more than Rs. 100/(3) A receipt issued by a mortgagee to the mortgagor purporting to be an acknowledgement that the mortgage money has been paid and that the mort gage has been redeemed. Ans. Yes, the receipt must be registered. (4) Power of attorney of recover rent of an immovable property. Ans. If the power of attorney which authorizes the donee to recover the rents of an immovable property belonging to the donor, to recover rents of an immovable property is an assignment which come under the purview of sec. 17 (1) (b) and therefore , requires registration . (5) An assignment of lease. Ans. An interest in leasehold property requires registration , if the value of the property is Rs.100/-or more .

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 16

GENERAL & COMMERCIAL LAWS

REGISTRATION ACT 1908

(6) An agricultural lease of three years. Ans. If such a lease is made in writhing it will require registration provided the lease is from year to years or for any term exceeding one year of reserving a yearly rent. Such a lease comes under the purview of Sec. 17 (1) (d) of the Act. (7) A composition deed. Ans. A composition deed is not required to be registered under the registration Act, 1908. (8) Transfer of a debenture issued by a company. Ans. if is not required to be registered if it does not create of extinguish any right title or interest in any immovable property. (9) If a receipt is issued by a mortgagee to the mortgage stating that "I have received Rs. 2000/- in full satisfaction of the mortgage and will return the deed to you " . Ans. yes , it is required to be registered as it extinguishes the mortgage. (10) Authority to adopt. Ans. Yes, the authority adopt ( not conferred by a will ) is required to be registered. (11) A sale certificate granted by a civil court. Ans. Such a sale certificate does not require registration . A gives a house to B on lease on a monthly rent of Rs. 100/- payable every six months terminable at the will of B (lessee) only after the expiration of one year. Ans. It being a lease for a period exceeding one year, it is required to be registered. (13) A deed of lease creating tenancy at will. Ans. A tenancy at will can be determined at the will of any party at any time and there fore , it is not for, a term exceeding one year and there fore it is not compulsorily registrable. (12)

COMPILED BY MS.SHUBHAM AGARWAL CS LL.B. [Gold Medalist]

Page 17

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