Registrable Documents: The Registration Act, 1908

The Registration Act, 1908 – Summary

The Registration Act of 1908 outlines the laws related to registering documents. Registration is the official process of recording documents with an authorized officer to ensure their authenticity and temporary validity.

Documents that Must be Registered (Section 17(1)):

1. Gift deeds involving immoveable property.
2. Non-testamentary documents that reflect any action such as creation, declaration, transfer, limitation, or ending of any rights, title or interests in immoveable property valued at Rs. 100 or more.
3. Non-testamentary instruments that involve the receipt or payment of money related to the creation, limitation, transfer, declaration, or termination of any rights, titles, or interests.
4. Leases of immoveable property for terms longer than one year or those involving yearly rent.
5. Non-testamentary documents that convey or assign any court decree or order involving the creation, declaration, transfer, limitation, or extinguishment of rights, titles, or interests in immoveable property valued at Rs. 100 or more.
6. Documents of contracts involving the transfer of immoveable property for consideration, as stated in section 53A of the Transfer of Property Act, 1882, if executed after the enactment of Registration and Other Related Laws Amendment Act, 2001. However, the State Government may exempt leases for less than five years and with annual rents not exceeding Rs. 50.

Reference – Key Judicial Interpretations:

• Awards related to immoveable property don’t need to be registered:
  In Jitender Mohan Malik vs. Ravi Bhushan Malik (2009 ILR 1 Delhi 282), the court ruled that awards concerning the division of immovable property are not required to be registered.
• Gift deed among Muslims must be registered:
  In Inspector General of Registration and Stamps vs. Tayyaba Begum (AIR 1996 AP 199), the court held that a gift deed made under Muslim law must be registered if it falls under section 17 and is intended to transfer ownership.
• No need for compulsory registration if the document only acknowledges or admits something:
  In Chanderwati vs. Lakhmi Chand (AIR 1988 Delhi 13), the court stated that if a document merely acknowledges or confirms a previous partition, it doesn’t need to be registered.
• Registration not required just to prove possession:
  In Nirmal Singh vs. Gurbachan Singh (AIR 1988 P&H 184), it was held that an unregistered partition document between co-owners isn’t valid to confirm the partition itself but can be used to show possession.
• Oral partition followed by memorandum doesn’t need registration:
  In Narendra Kante vs. Anuradha Kante (2010) 2 SCC 77, the court ruled that a written memorandum made after a mutual oral partition doesn’t need to be registered, since the actual partition happened orally.
• No registration required after dissolving a partnership:
  In Park Residency vs. State of Kerala (2013 (1) KLT 855), it was decided that if partners dissolve a firm and distribute property after settling accounts, it doesn’t trigger section 17 of the Registration Act.
• Wife’s authority to adopt on behalf of husband needs registration:
  In Biswanath vs. Dhapu Debi (AIR 1966 Cal. 13), the court held that a document authorizing a wife to adopt a son on behalf of her husband must be registered, as it serves as an adoption authority.
• Muslim gift deeds are covered under Section 17:
  In S.M. Syed Mohammad Buhari vs. The Sub Registrar, Madras (2012 4 CTC 138), it was observed that a written gift deed between Muslims must be registered under the Registration Act. However, the gift’s validity will still be judged under Muslim Law, not the Transfer of Property Act.
• Compromise Deeds – Registration is optional:
  In Amruta Purohitani vs. Jogesh Chandra (AIR 1969 Ori 5), it was held that if the compromise involves only moveable property, registration isn’t needed.
  In Ripudaman Singh vs. Tikha Maheswar Chand (2021) 7 SCC 466, the court clarified that if a compromise deed involves land but is part of a family settlement and not the direct subject of the dispute, it does not require compulsory registration as per Section 17(2)(vi).
• Partition documents that don’t create rights don’t need registration:
  In K. Arumugaa Velaiah vs. P.R. Ramasamy (2022) 3 SCC 757, the court said that if a partition deed merely records a previous arrangement and doesn’t itself create or transfer property rights, it doesn’t require registration and can still be used as evidence.