Registration Act, 1908 – Jurisprudence, Interpretation & General Laws Important Questions

Question 1.
State the documents of which registration is compulsory under the Registration Act, 1908. [June 2010 (4 Marks), June 2014 (6 Marks, Dec. 2017 (5 Marks)]
Answer:
Documents of which registration is compulsory [Section 17(1)]: Following documents shall be registered namely:

Instruments of the gift of immovable property.
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.
Non-testamentary instruments acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, f limitation or extinction of any such right, title or interest.
Leases of immovable property from year to year, or for any term exceeding I one year, or reserving a yearly rent.
Non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award pur¬ports or operates 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 ₹ 100 and upwards, to or in immovable property.

Question 2.
State the documents of which registration is optional under the Registration Act, 1908. [June 2011 (4 Marks), Dec. 2014 (4 Marks), Dec. 2018 (5 Marks)]
Answer:
Documents of which registration is optional [Section 18]: Any of the following documents may be registered, namely:

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 ? 100, to or in immovable property.
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.
Leases of immovable property for any term not exceeding one year and leases exempted u/s 17.
Instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates 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.
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.
Wills.
All other documents not required by Section 17 to be registered.

Question 3.
Mention the documents which are not required to be registered compulsorily under the Registration Act, 1908. [Dec 2011, Dec 2019 (4 Marks)]
Answer:
The registration of the non-testamentary documents mentioned under Section 17( 1)(b) and (c) of the Registration Act, 1908 is subject to the exceptions provided in Section 17(2).

Hence, the following non-testamentary instruments do not require registration:

any composition deed. i.e. every deed the essence of which is composition; or
any instrument relating to shares in Joint Stock Company; or
any debentures issued by any such Company; or
any endorsement upon or transfer of any debenture; or
any document other than the documents specified under clause (e) above creating merely a right to obtain another document which will, when executed create, declare, assign, limit or extinguish any such right, title or interest; or
any decree or order of a court; or
any grant of immovable property by the Government: or
any instrument of partition made by Revenue-officer; or
any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or
any order granting loan made under the Agriculturists Loans Act. 1884 or instrument for securing the repayment of a loan made under that Act; or
any order made under the Charitable Endowments Act, 1890 vesting any property in a treasurer of a charitable endowment or divesting any such Treasurer of any property; or
any endorsement on a mortgage deed acknowledging 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
any certificate of sale granted to the purchaser of any property sold by public auction by Civil or Revenue Officer.

Question 4.
What are the documents which are compulsorily registrable under the Registration Act, 1908? [Dec 2014 (5 Marks)]
Answer:
Documents of which registration is compulsory [Section 17(1)]: Following documents shall be registered namely:

Instruments of the gift of immovable property.
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.
Non-testamentary instruments acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, f limitation or extinction of any such right, title or interest.
Leases of immovable property from year to year, or for any term exceeding I one year, or reserving a yearly rent.
Non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award pur¬ports or operates 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 ₹ 100 and upwards, to or in immovable property.

Question 5.
Enumerate the documents, registration of which is optional under the provisions of the Registration Act, 1908. [Dec 2015 (5 Marks)]
Answer:
Documents of which registration is optional [Section 18]: Any of the following documents may be registered, namely:

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 ? 100, to or in immovable property.
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.
Leases of immovable property for any term not exceeding one year and leases exempted u/s 17.
Instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates 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.
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.
Wills.
All other documents not required by Section 17 to be registered.

Question 6.
Explain the documents of which registration is optional under the Registration Act, 1908. [June 2019 (4 Marks)]
Answer:
Documents of which registration is optional [Section 18]: Any of the following documents may be registered, namely:

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 ? 100, to or in immovable property.
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.
Leases of immovable property for any term not exceeding one year and leases exempted u/s 17.
Instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates 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.
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.
Wills.
All other documents not required by Section 17 to be registered.

Question 7.
Amrit executed a gift deed in his lifetime in favour of Bhanu. The gift deed was not registered during the lifetime of Amrit. Bhanu, after the death of Amrit, presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit, raised an objection to the registration of the gift deed on the ground of the fake signature of Amrit. Both the witnesses to the gift deed contended that the signatures were made in their presence by the donor at the time of execution of the gift deed. Whether the gift deed will be treated as valid for registration under the Registration Act, 1908? [Dec 2014 (5 Marks)]
Answer:
Provision:

Section 17 of the Registration Act, 1908 provides for those documents the registration of which is compulsory under the Act.
It includes a gift of immovable property.
However, it is not mandatory that the deed be registered during the life of the donor; even if subsequently registered, it will have the same effect as if it had been registered from the date of execution.

Facts of the case:

Amrit executed a gift deed favour of Bhanu which was not registered during the lifetime of Amrit.
After the death of Amrit, Bhanu presented the gift deed before the Registrar for its registration. Rakshit, brother of Amrit raised an objection to the registration of the gift deed as the signatures of Amrit were fake.
But the witnesses to the gift deed contended that the signatures were made before them by the donor at the time of execution of the gift deed.

Ref. Case Law
Kalyana Sundram v. Karuppa AIR 1927 PC 42 case.

Conclusion
Applying the above provision to the given facts, I conclude that the gift deed would be valid for registration and the objection made by Rakshit will not stand.

Question 8.
Advise in the matter of the following, the provisions of registration of documents under the Registration Act, 1908 with reference to the section applicable:
(i) Lease agreement for eleven months with rent payable monthly, having an option to the tenant to renew for further for the same period and so on. (1 Mark)
Answer:
Lease agreement for eleven months with rent payable monthly, having an option to the tenant to renew for further for the same period and so on does not require registration of documents in the light of Section 107 of Transfer of Property Act, 1882 and Section 17(1 )(d) of Registration Act, 1908.

(ii) Lease agreement is only for a year with a reserved rent for the period granted vis. one year. (1 Mark)
Answer:
If a lease is of a very high value but is neither from year to year, nor for any term exceeding one year, nor reserving a yearly rent, does not require registration of documents under Section 17( 1 )(d) of Registration Act, 1908.

(iii) Lease agreement for one with reserving a yearly rent. (1 Mark)
Answer:
Lease agreement for one year with reserving yearly rent, require regis¬tration of documents in the light of Section 107 of Transfer of Property Act, 1882 and Section 17(1)(d) of Registration Act, 1908.

(iv) Lease agreement for a fixed term of five years with yearly rent payable. (2 Marks) [June 2019]
Answer:
Lease agreement for a fixed term of five years with yearly rent payable, require registration of documents in the light of Section 107 of Transfer of Property Act, 1882 and Section 17(l)(d) of Registration Act, 1908.

Question 9.
A document was executed outside India and it was presented for registration after a lapse of four months from the date of its arrival in India. Whether the document may be accepted for registration by the Registrar? Decide. [June 2010 (5 Marks)]
Answer:
As per Section 26 of the Registration Act, 1908, when a document has been executed out of India is not presented for registration within 4 months from the date of execution then registering officer may register within 4 months after its arrival in India on payment of the proper registration fee.

Section 25 gives the power to Registrar to give extra time for 4 months for a | fine up to 10 times the normal registration fee. This provision is not applicable | for documents executed outside India. Thus, the Registrar has the right to refuse registration of document presented for registration after a lapse of four months from the date of its arrival in India.

Question 10.
A document was executed by several persons at different times. The person in whose favour of such execution was made presented the documents for re-registration after the expiry of 3 months. Whether such documents can be registered and if yes, within what period? [June 2011 (5 Marks)]
Answer:
As per Section 23 of the Registration Act, 1908, a document other than a will shall be accepted for registration within 4 months from the date of its execution. Section 25 provides a further period of 4 months in cases of urgent necessity and unavoidable accident on payment of a fine up to 10 times of normal fee. Thus, a maximum period for presenting a document for registration is 8 months under Section 23 read with Section 25.

As per Section 23A, if any person finds that, a document has been filed for registration by a person who is not empowered to do so, then such person can present the document for re-registration within 4 months from the date he becomes aware of the fact that registration of document is invalid.

In the given case, the document was executed by several persons at different times. The person in whose favour of such execution was made presented the document for re-registration after the expiry of 3 months. Thus, a period of 4 months has not been expired from the date he becomes aware of the fact that the registration of the document is invalid. Hence, the document is presented within the statutory time limit and hence can be registered by Registrar on payment of normal fees.

Question 11.
“Is it necessary that registration of documents should be done only where the property is situated”? Discuss the provision of the Registration Act, 1908 dealing with the matter. [June 2018 (5 Marks)]
Answer:
Place for registering documents relating to land [Section 28]: Document relating to immovable property should be registered in the office of Sub-registrar of Sub-district under whose jurisdiction the whole or some property is situated.

Place for registering other documents [Section 29]: Other documents can be registered in the office of such sub-registrar, where all the persons executing the document desire it to be registered.

Question 12.
Shyam executes a sale deed of a house in favour of Krishna. The house is situated in Faridabad, but the transferor and the transferee want the sale deed to be registered at Gurgaon, which has also a District Court of Haryana State. Can they do so? Give reasons. [June 2012 (5 Marks)]
Answer:
As per Section 28 of the Registration Act, 1908, a document relating to immovable property should be registered in the office of Sub-registrar of j Sub-district under whose jurisdiction the whole or some property is situated. In a given case house is situated at Faridabad, hence documents can be registered at Faridabad and not at Gurgaon.

Question 13.
Who can present the document for registration? [Dec. 2018 (5 Marks)]
Answer:
Persons to present documents for registration [Section 32]: Every document to be registered shall be presented at the proper registration office:

By some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
By the representative or assignee of such a person, or
By the agent of such a person duly authorized by power-of-attorney.

It is to be noted that, for the purpose of Section 32 special power of attorney is required, a general power of attorney will not do.

It is immaterial whether the registration is compulsory or optional but if the document is presented for registration by a person other than a party mentioned in Section 32, such presentation is wholly inoperative and the registration of such a document is void. [Kishore Chandra Singh v. Ganesh Prashad Singh]

Question 14.
Bijoy executed a contract for purchasing a piece of land in Delhi from Ajoy. Just after the execution of the contract, Bijoy proceeded to England and he is not expected to return to India before six months. Chirag, a good friend of Ajoy who has a general power of attorney to act on behalf of Bijoy, gets the said sale deed registered. Is this registration valid? [June 2007 (5 Marks)]
Answer:
As per Section 32 of the Registration Act, 1908, the document for registration can be presented at the proper registration office by the agent duly authorized by the power-of-attorney of a person executing the document. It is to be noted that, for the purpose of Section 32 special power of attorney is required, a general power of attorney will not do. As per facts given in the case, Ajoy has a general power of attorney to act on behalf of Bijoy and hence registration effected by Ajoy is not valid.

Question 15.
Is the registration of a will optional under the Registration Act, 1908? Explain the manner in which it may be presented for registration. [Dec 2013(3 Marks)]
Answer:
As per Section 18, of the Registration Act, 1908, registration of will is optional. In Celestine Silva Bai v. Josphin Noronha Bai, Madras HC held that the mere fact that a will is not registered is not much a circumstances as it must ipso facto fell against its genuineness. For non-registration may be due to a dislike for publicity of the agreement that one may make or to avoid expense and trouble. Hence, the registration of will is optional.

Persons entitled to present Wills and authorities to adopt [Section 40]:

The testator, or after his death executor may present it for registration.
The donor, or after his death the donee, of any authority to adopt, or the adoptive son, may present it to for registration.

Registration of Wills and authorities to adopt [Section 41]:

A will or an authority to adopt may be registered in the same manner as any other document.
A will or authority to adopt presented for registration by any other person it shall be registered if the registering officer is satisfied that:
1. The will or authority was executed by the testator or donor.
2. The testator or donor is dead.
3. The person presenting the will or authority is entitled to present the same.

Question 16.
Gautam executed a document on 20th October 2007 in favour of Thomas. Thereafter, Gautam executed another document on 1st December 2007 in favour of Peter in respect of the same property. The document between Gautam and Thomas was registered on 15th January 2008 whereas the document between Gautam and Peter was registered on 15th December 2007. Which document gets priority and why? [Dec 2009 (5 Marks)]
Answer:
Effect of registration can be stated as follows:

A registered document has priority over an unregistered document.
A document when registered takes effect from the date of execution and not from the time of its registration. [Section 47]

As between two registered documents, the date of execution determines the priority of the two registered documents executed by the same persons in respect of the same property to two different persons at two different times, the one which is executed first under Section 47 gets priority over the other. This is the position even though the former deed is registered subsequently to the latter one [K.J. Nathan v. S. V. Maruthi Rai]

Therefore, the document executed on 15.1.2008 gets priority over the document executed on 1.12.2007 even though the first document was registered subsequently.

Question 17.
State the places where documents affecting immovable property may be presented for registration under the Registration Act, 1908. [June 2012 (5 Marks)]
Answer:
1. Section 28 provides that documents affecting immovable property shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the relevant property is situated, (it) Section 29 provides that any other document may be presented for reg¬istration either in the office of the Sub-Registrar in whose sub-district the document was executed or in the office of any other Sub-Registrar under the State Government at which all the persons executing desire the document to be registered.

Question 18.
State the effect of non-registration of documents required to be registered under the Registration Act, 1908. [June 2014 (5 Marks)]
Answer:
Document required by Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall not:
(a) affect any immovable property comprised therein; or
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power.

However, as provided in the proviso of Section 49, an unregistered document affecting the immovable property and required by this Act or the Transfer of Property Act, 1882 to be registered may be received as evidence of a contract in a suit for part performance under Section 53A of the Transfer of Property Act, 1882 & Suit for Specific Performance.

Question 19.
What is the effect of non-registration of compulsorily registrable documents under the Registration Act, 1908? [Dec 2014 (5 Marks)]
Answer:
Document required by Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall not:
(a) affect any immovable property comprised therein; or
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power.

Question 20.
What are cases in which compulsorily registrable documents can be used in evidence, even if it has not been registered? [Dec 2014 (5 Marks)]
Answer:
1. Section 49 of the Act provides that no document required by Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall:
(a) affect any immovable property comprised therein; or
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.

2. Section 49 is mandatory, and a document that is required to be regis¬tered cannot be received in evidence as affecting the immovable property. An unregistered document that comes within Section 17 cannot be used in any legal proceeding to bring out indirectly the effect which it would have if registered.

3. However, as provided in Section 49, proviso, an unregistered document affecting the immovable property and required by this Act or the Transfer of Property Act, 1882 to be registered may be received as evidence of a contract in a suit for specific performance or as evidence of part perfor¬mance of a contract for the purposes of Section 53A of the Transfer of Property Act, 1882.

4. All that the proviso to Section 49 permits is that in a suit for specific per¬formance an unregistered document affecting immovable property may be given in evidence.

Question 21.
What do you understand by registration of documents? State the effect of non-registration of documents required to be registered. [Dec 2016 (5 Marks)]
Answer:
The main purpose of registration of documents 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 ensures and safeguards the interest of an intending purchaser.

Thus, the Registration Act, 1908 was designed to ensure that correct land records could be maintained. The Act is also used for the proper recording of transactions relating to other immovable property. The Act provides for the registration of other documents also, which can give these documents more authenticity. Registering authorities have been provided in all the districts for this purpose.

Effect of non-registration of documents [Section 49]:

1. Section 49 of the Act provides that no document required by Section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall:
(a) affect any immovable property comprised therein; or
(b) confer any power to adopt; or
(c) be received as evidence of any transaction affecting such property or conferring such power unless it has been registered.

4. All that the proviso to Section 49 permits is that in a suit for specific per¬formance an unregistered document affecting immovable property may be given in evidence.

Question 22.
Yash signed a deed of gift in favour of Raja. If Yash does not agree to its registration, will the gift deed be registered? Explain, whether the delay in registration of a gift deed will postpone its operation? [June 2019 (4 Marks)]
Answer:
It was held by the Privy Council in Kalyana Sundram v. Karuppa, that while registration is a necessary solemnity for the enforcement of a gift of immovable property, it does not suspend the gift until registration actually takes place when the instrument of gift has been handed over by the donor to the donee and accepted by him, the former has done everything in his power to complete the donation and to make it effective and if it is presented by a person having a necessary interest within the prescribed period the Registrar must register it. Neither death nor the express revocation by the donor is a ground for refusing registration, provided other conditions are complied with.

In case the donor dies before registration of a document, the document may be presented for registration after his death and if registered will have the same effect as it was registered in his lifetime.

Question 23.
Discuss the remedies available to a person who has been refused to register a document by a Sub-Registrar. Can registration of documents be refused on the ground of undervaluation for stamp duty? [Dec 2011 (5 Marks)]
Answer:
1. Reasons for refusal to register to be recorded [Section 71]: When Sub-Registrar refuses to register a document then he has to record the reason for refusing in Book No. 2. He also has to endorse the words ‘Registration Refused’ on documents. If a party makes an application for getting the reasons of refusal, the Sub-Registrar has to give it without payment.

2. Appeal to Registrar from orders of Sub-Registrar refusing registration [Section 72]: Appeal can be made to Registrar within 30 days against the order of Sub-Registrar and on receiving such appeal Registrar can also refuse or order the Sub-Registrar to get the document registered.

If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered. [Section 75]

3. Suit in case of an order of refusal by Registrar [Section 77]: If Registrar also refuses to register the document then an appeal can be filed in Civil Court within 30 days from the date of refusal by Registrar.

Question 24.
Under what circumstances a Sub-Registrar can refuse to register a document under the Registration Act, 1908? [June 2017 (3 Marks)]
Answer:
1. Reasons for refusal to register to be recorded [Section 71]: When Sub-Reg¬istrar refuses to register a document then he has to record the reason for refusing in Book No. 2. He also has to endorse the words ‘Registration Refused’ on documents. If a party makes an application for getting the reasons of refusal, the Sub-Registrar has to give it without payment.

If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered. [Section 75]

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