Registration Act 1908

Introduction

The provisions relating to the registration of documents are now scattered about in seven enactments. This will make the law more easily ascertainable. It will further clear the Statute-book of three entire Acts and will enable two more Acts to be entirely removed from it on the coming into force of the Code of CivilProcedure, 1908, and of the Indian Limitation Bill, now before Council. The opportunity has been taken to incorporate alterations of a formal character intended merely to improve and simplify the language of the existing Act. The numbering of the sections of the Act of 1877 has been preserved. It has been found that the mere process of consolidation might result in the law being changed in some respects. To avoid this some few amendments appear to be necessary.

Purpose of the Act

The purpose of the Registration Act, amongst other things, is to provide a method of public registration of documents so as to give information to people regarding legal rights and obligations arising or affecting a particular property, and to perpetuate documents which may afterwards be of legal importance, and also to prevent fraud. Registration lends inviolability and importance to certain classes of documents.

Registration procedure in the Act

The scheme of the Act is to consolidate the law relating to registration and to provide for the establishment of its registration. It lays down what documents require compulsory registration. S. 23 of the Act provides the time for presenting the documents for registration.

It provides limitation for getting a document registered. S.25 provides for condonation of delay in presenting documents for registration. S. 34 specifically provides for that enquiry, that can be held before the registration by the Registering Officer: Central WarehousingIt is well settled that an instrument which creates a right or interest in the rents, profits, benefits and income from an immovable properly, is a document which is compulsorily registrable. Thus, a document creating an assignment of a debt will not require registration, but a document assigning rents will require registration. If the power of attorney in question is to be treated as creating an equitable assignment of rents, it will require registration and if not registered, will be void and unenforceable. The power of attorney does not create or recognize any right in or relating to any immovable property or benefit arising there from in favor of the bank. It merely authorizes the bank to act as the company's agent to perform the acts stated therein.

The question whether a machinery which is embedded in the earth is movable property or an immovable property, depends upon the facts and circumstances of each case; primarily, the Court will have to take into consideration the intention of the parties when it decided to embed the machinery whether such embedment was intended to be temporary or permanent (case under Stamp Act, 1899).

Provisions regarding lease documentation

The rent note is an agreement to lease which falls under wider definition of lease under the Registration Act. The rent note or agreement to lease may be in counter-part signed by both the parties or it may be in correspondence or in acts or conduct. If there is no present demise, the agreement may be effected by an unregistered instrument or even orally. If there is present demise, the rent note operates as a transfer by way of lease and if the term does not exceed one year, registration is not necessary, but if the term exceeds one year, registration is necessary not under S. 107, T.P. Act but under the Registration Act. An instrument signed by either the lessor or lessee alone would operate as an agreement to lease or a rent note. A rent note signed by the lessee alone is not a lease but would be a lease under the Registration Act and the question of its registration has to be decided under that Act.

Conclusion

The registrations act illustrates about the procedure of registering, what documentations should be registered and how it should be done. The registration of Will documents, powers and duties of the registrations department. It also explains about the penalties and punishment for not following the procedure and not completing things on time. This Acts brings a good administration system among government offices and the court system that everything should be managed with in time and in a proper procedure in order to avoid future confusions.

Full text of "Registration Act 1908" available here

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