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registration

English · Property and land

Meaning. The official recording of a document with the Sub-Registrar so that it takes legal effect and becomes public.

The Registration Act, 1908 lists documents that must be registered (s.17), including non-testamentary instruments creating or transferring an interest of Rs. 100 or more in immovable property, leases from year to year or for more than a year, and (after the 2001 amendments) agreements of sale for part-performance purposes. Section 18 lists documents whose registration is optional. A document must be presented within four months of execution (s.23).

Under s.49, an unregistered compulsorily registrable document does not affect the property and is not evidence of the transaction, though it may be used to prove a collateral purpose or in a suit for specific performance. Registration gives notice to the world and protects against later transferees. Registration is separate from stamp duty: a document can be duly stamped yet unregistered. In Suraj Lamp the Supreme Court held that a sale agreement, GPA and will do not transfer title; only a registered sale deed does.

Example

The gift deed of the house was never registered, so under s.49 it could not be used to prove the gift.

In Indian law

See also

stamp duty · conveyance · deed · transfer of property

Read more in the study notes

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