17. Documents of
which registration is compulsory.- (1) The following documents shall be
registered, if property to which they relate is situate in a district in which,
and if they have been executed on or after the date on which, Act No. XVI of
1864, or the Indian Registration Act 1871, or the Indian Registration Act, 1877
or this Act came or comes into force, namely :
(a) instruments of gift of immovable property ;
(b) other non-testamentary instruments which
purport or operate to create, declare, assign, limit or extinguish, whether in
present or in future, any right, title or interest, whether vested or
contingent, of the value of one hundred rupees and upwards, to or in immovable
property ;
(c) non-testamentary instruments which
acknowledge the receipt or payment of any consideration on account of the
creation, declaration, assignment, limitation or extinction of such right,
title or interest ; and
(d) leases of immovable property from year to
year, or for any term exceeding one year, or reserving a yearly rent ;
(e) non-testamentary instruments transferring or
assiging any decree or order of a Court or any award when such decree order or
award purports or operates to create, declare,assign, limit or extinguish
whether in present or in furture any right, title or interest, whether vested
or contigent, of the value of one hundred rupees and upwards, to or in
immovable property :
Provided that the State Government may, by order
published in the official Gazette exempt from the operation of this sub-section
any leases executed in any district or part of a district the terms granted by
which do not exceed five years and annual rent reserved by which do not exceed
fifty rupees.
1[(1A) The documents containing contracts to
transfer for consideration, any immovable property for the purpose of section
53A of the transfer of Property Act, 1882(4 of 1882), shall be registered if
they have been executed on or after the commencement of the Registration and
Other Related laws (Amendment) Act, 2001, and if such documents are not
registered on or after such commencement, then, they shall have no effect for
the purposes of the said section 53A.]
(2) Nothing in clauses (b) and (c) of sub-section
(1) applies to -
(i) any compostion deed ; or
(ii) any instrument relating to shares in a Joint
Stock Company, notwithstanding that assests of such Company consist in whole or
in part of immovable property ; or
(iii) any debenture issued by any such Company
and not creating, declaring, assigning, limiting or extinguishing any
right,title or interest, to or in immovable property except in so far as it
entitles the holder to the security afforded by a registered instrument whereby
the Company has mortgaged, conveyed or otherwise transferred the whole or part
of its immovable property or any interest therein to trustees upon trust for
the benefit of the holders of such debentures ; or
(iv) any endorsement upon or transfer of any
debenture issued by any such company ; or
(v) 2 [any document other than the documents
specified in sub section (1A)] not itself creating, declaring, assigning,
limiting or extinguishing, any right, title or interest of the value of one
hudred rupees and upwards, to or in immovable property, but merely creating a
right to obtain another document which will, when executed, create, declare,
assign,limit or extinguish any such right, title or interest ; or
(vi) any decree or order of a Court except a
decree or order expressed to be made on a compromise and comprising immovable
property other than that which is the subject matter of the suit or proceeding
; or
(vii) any grant of immovable property by the
Government ; or
(viii) any instrument of partition made by a
revenue officer ; or
(ix) any order granting a loan or instrument of
collateral security granted under the Land Improvement Loans Act 1871, or the
Land Improvement Loans Act, 1883 ; or
(x) any order granting a loan under the
Agriculturists Loans Act, 1884, or instrument for securing the Repayment of a
loan made under that Act ; or
(x-a) any order made under the Charitable>
(xi) any endoresement on a mortgage deed
acknowledgeing the payment of the whole or any part of the mortgage money, and
any other receipt for payment of money due under a mortgage when the receipt
does not purport to extinguish the mortgage ; or
(xii) any certificate of sale granted to the
purchaser of any property sold by public auction by a Civil or Revenue Officer.
Explanation. - A document purporting or
operating to effect a contract for the sale of immovable property shall not be
deemed to require or ever to have required registration by a reason only of the
fact that such document contains a recital of the payment of any earnest money
or of the whole or any part of the purchase money.
(3) Authorities to adopt a son, executed after
the first day of January 1872, and not conferred by a will, shall also be
registered.
1&2. Ins. By the Registration and Other
Related Laws (Amendment) Act,2001,sec.3.
18. Documents of which registration is
optional.- Any of the following documents may be registered under this Act,
namely;
(a) instruments (other than instruments of gift
and wills) which purport or operate to create, declare, assign limit or
extinguish whether in present or in future, any right, title or interest
whether vested or contingent, of a value less than one hundred rupees, to or in
immovable property ;
(b) instruments acknowledging the receipt or
payment of any consideration on account of the creation, declaration,
assignment, limitation or extinction of any such right, title or
interest ;
(c) leases of immovable property for any term not
exceeding one year, and leases exempted under section 17 ;
(cc) instruments transferring or assigning any
degree or order of a Court or any award when such decree or order or award purports
or operate to create, declare assign, limit or extinguish, whether in present
or in future, any right, title or interest, vested or contingent of a value
less than one hundred rupees, to or in immovable property ;
(d) instruments (other than wills) which purport
or operate to create, declare, assign, limit or extinguish any right, title or
interest to or in movable property;
(e) wills ; and
(f) all other documents not required by section
17 to be registered.
