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Short title, extent and commencement.
Inspector-General of Registration. Provided that the 1[State Government] may, instead of making such appointment, direct that all or any of the powers and duties hereinafter conferred and imposed upon the Inspector-General shall be exercised and performed by such officer or officers, and within such local limits, as the 1[State Government] appoints in this behalf.
Branch Inspector-General of Sindh. Districts and sub-districts. Registrars and Sub-Registrars.
Joint District Registrars. Additional Registrar. Offices of Registrar and Sub-Registrar. Provided that no such authorisation shall enable a Sub-Registrar to hear an appeal against an order passed by himself under this Act. Inspectors of Registration offices.
Essentials of Section 17
Officers of registration offices. Military cantonments may be declared sub-districts or districts. Absence of Registrar or vacancy in his office. Absence of Registrar on duty in his district.
Object of registration act 1908 pdf
Absence of Sub-Registrar or vacancy in his office. Report to State Government of appointments under sections 10, 11 and Maharashtra: Sub-sections 1 and 2 were repealed and in sub-section 3 now omitted by A.
Registration Act 1908 (Part-1)
Thus, whole section now stands omitted in Maharashtra. Act 6 of , sec. Establishments of registering officers. Seal of registering officers. Register-books and fire-proof boxes.
Keeping of books in computer floppies, diskettes, etc. Documents of which registration is compulsory. XVI of , or the Indian Registration Act, , or the Indian Registration Act, , or the Indian Registration Act, , or this Act came or comes into force, namely:— a instruments of gift of immovable property;.
Gujarat: In section 17,—. Kerala: In sub-section 2 omit clauses ix and x. Uttar Pradesh: In section 17,—. Sucha, 4 Lah LJ 7. The word 'declare' is ejusdem genesis with the words 'create', 'assign' or 'limit'. It implies a declaration of will, not a mere statement of a fact; Sakharan v. Jagarnath Kuari, 59 IA , wherein it stated: "The distinction is between a mere recital of a fact and something which in itself creates a title.
Anant, 2 Bom A deposit of title deeds with the creditor by the debtor with the intent to create a security implies in law a contract between the parties to create a mortgage and no registered instrument is required under section 59 of the Transfer of Property Act as in other case of mortgage.
But if the parties choose to reduce the contract to writing, this implication of law is excluded by their express bargain and the document will be the sole evidence of its terms. In such a case the deposit and the document both form integral parts of the transaction and are essential in the creation of the mortgage. In such a case the document which constitutes the bargain regarding security requires registration under section 17 of the Act as a non-testamentary instrument creating interest in immovable property where the value is Rs.
An instrument of partition of immovable property requires registration as it declares an interest in immovable property provided, however, the value of the interest so declared is Rs.
But a writing which merely states that there has in time past been a partition is not a declaration of will but a mere statement of fact and it does not require registration; Venkataraju v. It implies that the person to whom the money is paid himself declares, limits or extinguishes his interest in immovable property in consideration of such payment; Shidlingapa v. Chenbasapa, 4 Bom A lease for one year containing an option to the tenant to revenue for a further period of one year or any other term is not a lease for a term exceeding one year and does not requires registration under this clause; Boyd v.
Kreig, 17 Cal dissenting from; Bhobani v.
Scope of Section 17
Shibnath, 13 Cal A lease for the life of the lessee is a lease for a term exceeding one year as it entitles the lessee to hold for more than one year if he lives so long. It is not a lease terminable at the end of a year or at the option of the lessor.
It therefore requires registration; Parstrotam v. Nana, 18 Bom Madan Gopal, If it does, it requires registration, but not otherwise.
A receipt for payment of money under a mortgage other than an endorsement on a mortgage-deed issued by a mortgage mentioning not only the payment of the full mortgage amount but also the extinction of mortgage requires registration; Gurdial Singh v. A deed of adoption as distinguished from an authority to adopt does not require registration; Vishwanth Ramji v. Documents of which registration is optional.
State Amendments Andhra Pradesh: In section 18, clause c should be omitted. Gujarat: Amendments are the same as those of Maharashtra.
Application of Act. Uttar Pradesh: In section 18, clauses a , b and cc be omitted. Section 18A Delhi: Same as in Punjab. II, Sec. Himachal Pradesh: Same as in Punjab. Document for registration to be accompanied by a true copy thereof. Document for registration to be accompanied by a true copy. Uttar Pradesh: Section 18A as inserted by U. Act 14 of , omitted by U. Act 19 of , sec.
Documents for registration to be accompanied by a true copy thereof. Documents in language not understood by registering officer.
Sec 17 of Indian Registration Act, 1908
State Amendments Delhi: Same as in Punjab. Where registration is done by photograveure process, this section would have no application. Rajasthan: Same as that in Punjab. Tripura: Same as that in Punjab. Documents presented for registration to be accompanied by true copies thereof.
Karnataka: Same as that in Kerala. Documents presented for registration to accompany true copies thereof. Refusal to register. Documents containing interlineations, blanks, erasures or alterations.
State Amendments Maharashtra, Gujarat: Note. Description of property and maps or plans. State Amendments Gujarat: Amendment is the same as that of Maharashtra. In all city surveyed areas, houses and lands shall also be described by their cadastral survey numbers as in the city survey maps and records. Comments Where a document comprises several properties and the description is sufficient as to some, but insufficient as to others, the registering officer must not refuse to accept the document for registration in its entirety; Kesava v.
Kannusamy, 15 Mad LJ Description of houses and land by reference to Government maps or surveys.
Gujarat: Same as that of Maharashtra. Documents registration of which is opposed to public policy. Registration of documents which is against the public policy. Karnataka: Same as that of Maharashtra. IV, p. IVA, p. Registration of certain documents may be declared as being opposed to public policy. Rajasthan: Same as that of Maharashtra.
Registration of certain documents to be opposed to public policy. Time for presenting documents.