The Registration Act, 1908
The Registration Act, 1908, Act No. 16 of 1908, dated 18 December 1908, is primary legislation enacted to consolidate the law relating to registration of documents, and it came into force on 1 January 1909. The supplied text does not name an issuing department or legislature, but it gives State Gove...
What the Act governs
The Registration Act, 1908 establishes the system for registering documents. It covers registration districts and sub-districts, registration offices, register books, presentation and examination of documents, wills, refusals, appeals, fees and penalties.
For property matters, the Act defines immovable property broadly. It includes land, buildings, rights of way, fisheries, benefits arising from land and things attached to the earth. Standing timber, growing crops and grass are excluded from that definition.
Who may be affected
The Registration Act, 1908 may affect:
- Buyers, sellers, owners, lessors and lessees dealing with land or buildings.
- People presenting documents, wills or authorities to adopt for registration or deposit.
- Representatives, including guardians of minors and other legal curators described in the Act.
- Registrars, Sub-Registrars, the Inspector-General of Registration and registration office staff.
- People seeking inspection of specified registers, indexes or certified copies.
Key provisions
The Registration Act, 1908 provides for:
- Documents for which registration is compulsory and documents for which it is optional.
- Descriptions of property, including references to government maps or surveys.
- Time limits and places for presenting documents, including documents executed outside India.
- Presentation by authorised persons and recognition of powers of attorney.
- Affixing photographs and enquiries into execution before registration.
- Registration and deposit of wills, including withdrawal of a sealed will and procedure after the depositor's death.
- The effects of registration and non-registration, including priority questions involving registered documents, oral agreements and unregistered documents.
- Endorsements, registration certificates, indexes and return of registered documents.
- Procedures where land lies in several sub-districts or districts.
- Recorded reasons for refusal, appeals or applications to the Registrar, and a suit following refusal by the Registrar.
- Fees fixed and published by the State Government, although the supplied text gives no rates.
- Penalties for intentional incorrect registration work, false statements, false copies or translations, false personation and abetment.
Tamil Nadu relevance
The source records that the Registration Act, 1908 was amended in its application to Tamil Nadu by T.N. Act 31 of 1974. The supplied extract does not set out the content of that Tamil Nadu amendment, so readers cannot determine its specific changes from this text alone.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Registration Act, 1908 apply to land and buildings?
Yes. The Act treats land, buildings, rights arising from land and things attached to the earth as immovable property, subject to the exclusions stated in its definition.
Does every document have to be registered?
The Act has separate provisions for documents whose registration is compulsory and documents whose registration is optional. The supplied extract does not list the individual documents in either category.
What can I do if a Sub-Registrar refuses registration?
The Act provides for an appeal or application to the Registrar, depending on the reason for refusal. It also provides for a suit where the Registrar orders refusal.
Can I inspect registration records or obtain certified copies?
The Act requires registering officers to allow inspection of certain books and indexes and to provide certified copies of entries. The supplied text does not give the detailed conditions or fees.
