Introduction Registration Act, 1908 ( Act XVI of 1908), an Act to

consolidate the enactments relating to the registration of documents. This Act contains 91 Sections in 15 parts. This Act came into force on first day of January 1909.

The object of Registration and inter-alia Registration Act is discussed by Honourable Supreme Court in case of Suraj Lamp and Industries Pvt. Ltd. versus State of Haryana and Another, as under:

“The Registration Act, 1908, was enacted with the intention of providing orderliness, discipline and public notice in regard to transactions relating to immovable property and protection from fraud and forgery of documents of transfer.” …

Registration Establishment: Sub districts , formed under the Act. ( Section-6) The

State Government shall appoint an officer to be the Inspector General of Registration (Section -3)

For the purpose of this Act, the State Government shall form districts and sub districts and shall prescribe, and may alter, the limits of such districts and sub-districts (Section-5)

The State government may appoint such persons to be Registrars of the several districts and to be Sub-Registrars of the several S

Registration Establishment The State government may also appoint officers, to be

Inspectors of called and may prescribe the duties of such officers( Section-8)

The State government may allow proper establishment for the several offices under this Act (Section-14)

The State Government shall provide for the office of every registering officer the books and the information processing and storage devices like computer and scanners along with the software prescribed by the Inspector General from time to time necessary for the purposes of this Act.(Section 16).

Primary Books to be maintained in Registration offices are: Book-I,II,III,IV and V

-17

Section 18 explains about the category of documents which registration is optional.

Section-20: The registering officer may in his discretion refuses to accept for registration any document in which any interlineations, blank, erasure or alteration appears, unless the persons executing the document attest with their signatures or initials such interlineations, blank, erasure or alteration

SECTION -21 DESCRIPTION OF PROPERTY AND MAPS OR PLANS

No non testamentary document relating to immovable property shall be accepted for registration unless it contains a descriptions of such property sufficient to identify the same.

Houses in towns shall be described as situated on the north or other side of street or road.

Other houses and lands shall be described by their names.

No non testamentary document containing maps or plan comprised there in shall be accepted unless it accompanied by true copy of map or plan.

SECTION -22 Description of houses and Lands by Reference to

Government Maps or Survey.

Where it is in the opinion of the provincial government practicable to describe houses not being houses in towns, and lands by reference to a government map or survey, the provincial government may by rule made under this act, require that such houses and lands as aforesaid shall, for the purpose of section 21, be so described.

INSTRUCTIONS ON PROHIBITED PROPERTIES

The Govt. of A.P has notified through G.O.Ms.No: 863, dated 20.06.2007 and introduced Act 19 of 2007, which amends Sec 22(A) of the Registration Act 1908.

The C&IG (R&S) issued certain guidelines vide circular Memo No: G1/19131/05, dated 14.09.2007

22(A)(1)(a) : Relating to Assigned lands

22(A)(1)(b) : Relating to Lands owned by Government

22(A)(1)(c) : Relating to Endowments /Waks lands

22(A)(1)(d) : Relating to Surplus Lands

22(A)(1)(e) : Relating to lands having interest of Central or State Government

The C&IG (R&S) instructed if any deletions/ modifications to the lists already furnished by the concerned authorities should be communicated by the District Collector to the C&IG (R&S) for onward communication to the D.R for deletion / modification in the CARD prohibitory Masters.

All the lists furnished by the concerned authorities shall be filed in a separate new file book titled as intimations / notifications of prohibited properties under Sec 22(A) and also publish such details in CARD.

All the Registering Officers shall reconcile all the prohibited property data with concerned authorities once in a quarter and the report shall be submitted to DIG without fail.

The C&IG (R&S) directed vide circular Memo No: X1/4563/2010, dated 25.03.2010 that if any Registering Officer registers any prohibited property and it is proved in the enquiry, then the disciplinary authority shall normally impose a major penalty of dismissal from service.

The Principal Secretary to Govt. in D.O letter no 359/Regn-I/2011, dated 01.04.2011 specifically clarified that except for properties related to Sec 22(A)(1)(e), no notification is necessary and the list furnished by the concerned authorities to the such registration to prevent registration is good enough.

The Govt. of A.P in Memo No: 21307/Assn.I/(1)/2012-1, dated 09.05.2012, directed that no NOC should be issued by the Thasildar / RDO’s/District level officers.

The C&IG (R&S) vide Memo No: G1/15370/2012, Dated 27.07.2012 rescinded/ Withdrawn all the instructions, which were issued to insist for NOC from the revenue authorities before registration of prohibited properties.

Govt. of A.P vide G.O.No 307, dated 06.06.2013 directed one shall obtain NOC for the lands assigned to Ex-Service Man / Freedom fighters.

The C&IG vide Memo No: G1/9732/2013, dated 17.07.2013 instructed that the registering officers shall not register the documents related to agricultural properties without comparison of the particulars ROR I(B), Adangal with web land and also should verify the vendors particulars in the Pattadar passbook.

The C&IG vide Memo G4/7063/2013-1, dated 23.07.2013 instructed whenever a reference is under Sec 22(A) of Reg. Act for any modification or deletion of the properties from the prohibited property list directly by the registering officer, the same may be returned to the concerned authorities with a request to address the same to the C&IG on per Circular Memo No G1/19131/2005, dated 19.09.2007.

The Govt. of AP issued G.O.Ms.No: 100, dated 22.02.2014 where in clarified that the revenue authorities should issue NOC’s from registration of Gramakantam’s.

Time of Presentation of document Section 23: Subject to the provisions

contained in sections 24, 25 and 26, no document other than a will shall be presented within four months from the date of its execution

Section - 24 Documents executed by several persons at

different times: where there are several persons executing a document at different times, such documents may be presented for registration and re- registration within four months from the date of each registration.

Section - 25 Provision where delay in presentation

is Unavoidable.

Delay Fine

Does not exceed one week after expiry of time

Fine equal to registration fee

One week to one calendar month Fine equal to twice the registration fee

One month but not exceed two months Fine equal to five times the registration fee

Exceed two months but does not exceed four months

Fine equal to ten times the registration fee

Section: 27 Wills may be Presented or Deposited at Any Time

A will may at any time be presented for registration or deposited in any manner hereinafter provided.

The Place of Registration: Certain specific document mentioned in section 17 and

section 18 shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate (Section -28)

Implementation of Any where registration within Andhra Pradesh District and Srikakulam District.

Any Registrar may in his discretion register any document which might be registered by any Sub-Registrar subordinate to him.(Section -30)

On proper cause shown the registering officer may accept for registration of deed at private residence. (Section-31)

Section-32 Persons to present documents for Registration

Except in some cases mentioned in section 31,88 and 89 every document to be registered under Registration act, whether such registration be compulsory or optional shall be presented at the proper registration office,

Every person presenting the document and if the deed is transfer of ownership of the property seller and buyer shall affix their photograph and finger Print.(Section-32A)

Section -33 : Power of Attorneys recognisable for

purposes of section 32

Section-34: Except in exceptional cases, the person who profess to present the document shall appear before the registry and after due examination it shall be admitted.

Section–35: Procedure on Admission And Denial of Execution Respectively.

Section-40: The testator, or after his death any person claiming as executor or otherwise under a will, may present it to any Registrar or Sub-Registrar for registration

Section-42: Any testator may, either personally or by duly authorised agent, deposit with any Registrar his will in a sealed cover

Duties and Powers of Registering Officer: The following books and information storage devices as

specified shall be kept in each registration office

(Section-51) A)In all registration offices:--

Book 1, "Register of non-testamentary documents relating to immovable property";

Book 2, "Record of reasons for refusal to register";

Book 3, "Register of wills and authorities to adopt"; and

Book 4, "Miscellaneous Register";

B) In the offices of Registrar’s:-- Book 5, "Register of deposits of wills".

Duties and Powers of Registering Officer: The day, hour and place of presentation, the

photographs and fingerprints affixed under section 32A, and the signature of every person presenting a document for registration, shall be endorsed on every such document at the time of presenting it(Section-52)

Section-55

Indexes shall be made in all registration offices, and shall be named, respectively

Section - 60 Certificate of Registration

The registering officer shall endorse thereon a certificate containing the word "registered ", together with the number and page of the book in which the document has been copied and such certificate shall be signed, sealed and dated by the registering officer

Section - 64 Procedure where Document relates to Land in Several

Sub-Districts

Every Sub Registrar on registering a non- testamentary document relating to immovable property not wholly situated his own sub district shall make a memorandum thereof and of the endorsement and certificate(if any) thereon, and send the same to every other Sub Registrar subordinate to the same Registrar as himself in whose Sub District any part of such property is situate, and such Sub Registrar shall file the memorandum in his book-I

Refusal to register documents:

Section-71 : Every Sub-Registrar refusing to register a document, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document

Section-78 Fees to be Fixed by State Government: The State Government shall prepare a table of fees payable-

For registration of documents

For searching the registers

For making or grating copies of reasons, entries or documents.

For every registration under section 30

For the issue of commissions

For attending at private residences

For the safe custody and return of documents

Penalties Section-81: Every registering officer appointed under

this Act and every person employed in his office for the purposes of this Act, who, being charged with the endorsing, copying, translating or registering of any document presented or deposited under its provisions, endorses, copies, translates or registers such document in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury, as defined in the Indian Penal Code, to any person, shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

Penalties Section-82 :Whoever a) intentionally makes any

false statement, whether on oath or not, and whether it has been recorded or not, before any officer acting in execution of this Act, etc. and abets anything made punishable by this Act; shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both.

Section-83 : A prosecution for any offence under this Act coming to the knowledge of a registering officer in his official capacity may be commenced.

Miscellaneous:

Section-88: Documents executed by Government officers or certain public functionaries are exempted from personal appearance.

Section-89: Copies of certain orders, certificates and instruments to be sent to registering officers and filed.