The Registration Act, 1908, Act No. 16 of 1908

What the law governs

The Registration Act, 1908 establishes the legal and administrative framework for registering documents. It came into force on 1 January 1909. Its definition of immovable property includes land, buildings, rights of way, lights, ferries, fisheries, benefits arising from land and things attached to the earth, but excludes standing timber, growing crops and grass.

The supplied text records an amendment in the Act's application to Tamil Nadu by T.N. Act 31 of 1974. It does not provide the contents of that Tamil Nadu amendment.

Who it affects

The Registration Act, 1908 is relevant to:

• Buyers, sellers and owners dealing with documents concerning land or buildings.
• People presenting documents, wills or authorities to adopt for registration or deposit.
• Persons executing documents and witnesses who may need to appear before a registering officer.
• Registrars, Sub-Registrars, the Inspector-General of Registration and registration office staff.
• People seeking inspection of specified registers, indexes or certified copies.
• Anyone challenging a refusal to register a document.

Key provisions

The Registration Act, 1908 covers:

• Documents for which registration is compulsory and documents for which it is optional.
• The time and place for presenting documents, including documents executed outside India and documents relating to land in several sub-districts or districts.
• Identification of property through descriptions, maps, plans, Government maps or surveys.
• Who may present a document, recognition of powers of attorney, compulsory photographs and enquiries before registration.
• Procedures where execution is admitted or denied, and procedures for securing the appearance of executants and witnesses.
• Deposit, withdrawal and handling of wills, including proceedings after the depositor's death.
• The time from which a registered document operates and the effects of failing to register a document that requires registration.
• Maintenance and inspection of register books and indexes, certified copies, endorsements and registration certificates.
• Recording reasons for refusal, appeals or applications to the Registrar, and a suit following refusal by the Registrar.
• Registration, search and copy fees fixed by the State Government, with publication of those fees.
• Penalties for intentional incorrect registration work, false statements, false copies or translations, false personation and abetment.