Friday, September 26, 2014

Compulsorily Registrable Documents


Documents which are compulsorily registrable:
(under the Indian Registration Act 1908)
The Registration Act stipulates that certain documents shall be compulsorily registarable;
If such document is not registered it is not valid in law as per sec.49 of the Registration Act 1908, i.e. it cannot be produced before any authority as evidence.
The following documents are compulsorily registrable:
(a)    Gift deed of immovable property;
(b)   Non-testamentary document which creates, declares, assigns, limits or extinguish any right, title or interest in immovable property; (eg. Sale, mortgage, settlement, release, lease, etc.)
(c)    Non-testamentary document which acknowledge the receipt or payment of money on account of creation, declaration, assignment .. such right, title or interest in immovable property; (eg. Receipt deed);
(d)   Yearly Lease deed in respect of immovable property, for a term exceeding one year;
(e)   Non-testamentary instruments transferring or assigning any decree or award which creates, assign, limit or extinguish any right, title or interest in immovable property;
(f)     Building Agreement relating to construction of multiunit house building;

The following documents are NOT compulsorily registrable: (optional registration):
1.       Any document relating to Shares in a Joint Stock Company;
2.       Any Debenture issued by a Joint Stock Company;
3.       Any document of immovable property of a value of Rs.100/- and below;
4.       Any Court Decree/Order (except a decree relating to immovable property);
5.       Any Grant of immovable property granted by the Govt.
6.       Any Partition made by the Revenue Officer;
7.       Any Loan instrument under Land Improvement Act 1871, under the Agriculturists Loans Act 1884;
8.       Any Order made under the Charitable Endowments Act 1890;
9.       Any ‘endorsement’ made on a mortgage deed acknowledging the payment;
10.   Any CERTIFICATE OF SALE granted to the purchaser of any property sold by Public Auction by a CIVIL COURT.
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