Regi

THE REGISTRATION ACT, 1908
1
(Act No 16 of 1908)
(18th December, 1908)
An Act to consolidate the enactments relating to the Registration of
Documents. Whereas it is expedient to consolidate the enactment relating
to the registration of documents; it is hereby enacted as follows:
PART-I
Preliminary
1. Short title, extent and commencement: (1) This Act may be called
the 2[xxx] Registration Act, 1908.
3
[(2) It extends to the whole of India except the State of Jammu and
Kashmir:
Provided that the State Government may exclude any districts or tracts
of country from its operation.
(3) It shall come into force on the first day of January, 1909.
2. Definitions: In this Act, unless there is anything repugnant in the subject
or context :
(1) "addition" means the place of residence, and the profession, trade,
rank and title (if any) of a person described, and in the case of 4 [an
Indian], 5[xxx] his father's name, or where he is usually described as the
son of his mother, then his mother's name;
(2) "book" includes a portion of a book and also any number of sheets
connected together with a view of forming a book or portion of a book;
(3) "district" and "sub-district" respectively mean a district and sub-
district formed under this Act;
(4) "District Court" includes the High Court in its ordinary original civil
jurisdiction;
(5) "endorsement" and "endorsed" include and apply to an entry in writing
by a registering officer on a rider or covering slip to any document
tendered for registration under this Act;
1
It has been amended in its application to West Bengal by Ben. Act No. 5 of 1942 and West Ben. Acts 29 of 1950 and 31 of
1951; to Bombay by Bombay Acts 5 of 1929, 17 of 1930, 18 of 1933, 24 of 1938, 14 of 1939 and 10 of 1942; to the C.P.by
C.P. Act 1 of 1937 and M.P. Act 8 of 1955; to Madras and Andhra by Madras Acts 3 of 1936 and 17 of 1952; to Orisa by
Orisa Act 3 of 1933; to the Punjab Act 8 of 1941 and to Bihar by Bihar Acts 14 of 1947 and 24 of 1952.
2
The word "Indian" omitted by the Indian Registration (Amendment) Act, 1969, Sec. 2 (w.e.f 26.12.1969).
3
Substituted by Act 3 of 1951, s. 3 and Sch. (w.e.f. 1.4.1951)
4
Substituted by the A.O. 1950 for "a Native of India" (w.e.f. 26.1.1950).
5
The words "his caste (if any) and" omitted by Act 17 of 1956, s 2 (w.e.f. 6.4.1956).
Page | 1
(6) "immovable property" includes land, buildings, hereditary
allowances, rights to ways, lights, ferries, fisheries or any other benefit
to arise out of land, and things attached to the earth or permanently
fastened to anything which is attached to the earth, but not standing
timber, growing crops and grass;
1
[(6A) "India" means the territory of India excluding the State of Jammu
and Kashmir;]
(7) "lease" includes a counterpart, kabuliyat, an undertaking to cultivate
or occupy and agreement to lease;
(8) "minor" means a person who, according to the personal law to which
he is subject, has not attained majority;
(9) "movable property" includes standing timber, growing crops and
grass, fruit upon and juice in trees, and property of every other
description except immovable property; and
(10) "Representative" includes the guardian of a minor and the
committee or other legal curator of a lunatic or idiot.
(11)2[xxx]
PART - II
Of the Registration-establishment
3. Inspector General of Registration.-(1) 3[The State Government] shall
appoint an officer to be the Inspector-General of Registration for the
territories subject to such Government:
Provided that the 4 [The State Government] may, instead of making
suchappointment, direct that all or any of the powers and duties
hereinafter conferred and imposed upon the Inspector-General shall be
exercised and performed by such officer or officers, and within such local
limits, as the 5[State Government] appoints in this behalf.
(2) Any Inspector-General may hold simultaneously any other office
under the 6[Government].
1. Branch Inspector-General of Sindh: [Rep. by the G.O. I Orders 1937]
1
Inserted by Act 3 of 1951 sec. 3 and Sch. (w.e.f. 1.4.1951)
2
Clause (11) inserted by the A.O. 1950, Omitted by Act 3 of 1951 s. 3 and Sch. (w.e.f. 1.4.1951)
3
Substituted by the A.O. 1950 for "Provincial Government"
4
5
6
Substituted by the A.O. 1950 for "Crown".
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2. Districts and sub-districts.-
(1) For the purposes of this Act, the 1 [State Government] shall form
districts and sub-districts, and shall prescribe, and may alter, the limits of
such districts and sub-districts,
(2) The districts and sub-districts formed under this section, together with
the limits thereof, and every alteration of such limits, shall be notified in
the 2[Official Gazette.]
(3) Every such alteration shall take effect on such day after the date of the
notification as is therein mentioned.
6. Registrars and sub-Registrars.-The 3[State Government] may appoint
such persons whether public officers or not, as it thinks proper, to be
Registrars of the several districts, and to be Sub-Registrars of the several
sub-districts, formed as aforesaid, respectively.
4
[xxx]
7. Offices of Registrar and Sub-Registrar.-
(1) The 5[State Government] shall establish in every district an office to
be styled the office of the Registrar and in every sub-district an office or
offices to be styled the office of the Sub-Registrar or the offices of the
Joint Sub-Registrars.
(2) The 6 [State Government] may amalgamate with any office of a
Registrar any office of a Sub-Registrar subordinate to such Registrar, and
may authorize any Sub-Registrar whose office has been so amalgamated
to exercise and perform, in addition to his own powers and duties, all or
any of the powers and duties of the Registrar to whom he is subordinate:
Provided that no such authorization shall enable a Sub-Registrar to hear
an appeal against an order passed by himself under this Act.
7
[8.]Officers of Registration offices.-(1) The State Government may also
appoint officers as may be designated from time to time and may
prescribe the duties of such officers.
(2) Every such officer shall be subordinate to the Inspector General.]
1
Substituted by the A.O. 1950 for "Provincial government"
2
Substituted b the A.O. 1937 for "Local Official Gazette".
3
4
Proviso omitted by the A.O. 1937
5
6
7
Substituted by the Raj. Act. No. 11 of 1982 w.e.f. 16.7.1982.
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9. Military cantonments may be declared sub districts or districts: [Rep.
by the Repealing and Amending Act, 1927 (10 of 1927), s. 3 and Sch II.]
10. Absence of Registrar or vacancy in his office.-

(1) When any Registrar, other than the Registrar of a district including a
presidency town, is absent otherwise than on duty in his district, or when
his office is temporarily vacant, any person whom the Inspector-General
appoints in this behalf, or, in default of such appointment, the Judge of the
District Court within the local limits of whose jurisdiction the Registrar's
office is situate, shall be the Registrar during such absence or until
the 1[State Government] fills up the vacancy.
(2) When the Registrar of a district including a presidency town is absent
otherwise than on duty in his district, or when his office is temporarily
vacant, any person whom the Inspector-General appoints in this behalf
shall be the Registrar during such absence, or until the 2 [State
Government] fills up the vacancy.
11. Absence of Registrar on duty in his district.- When any Registrar is
absent from his office on duty in his district, he may appoint any Sub-
Registrar or other person in his district to perform, during such absence all
the duties of a Registrar except those mentioned in section 68 and 72.
12. Absence of Sub-Registrar or vacancy in his office.-When any Sub-
Registrar is absent, or when his office is temporarily vacant, any person
whom the Registrar of the district appoints in this behalf shall be Sub-
Registrar during such absence, or until 3[the vacancy is filled up.]
13. Report to 4[State Government] of appointments under section 10,11
and 12 (1) 5[x x x] All appointments made under section 10, section 11 or
or section 12 shall be reported to the 6 [State Government]by the
Inspector-General.
(2) Such report shall be either special or general as the 7 [State
Government] directs.
(3) 8[XXX]
1
Substituted by the A.O. 1950 for "Provincial Government".
2
3
Substituted by Act 4 of 1914, s. 2 and Sh., Pt., I, for "the Local Government fills up the vacancy".
4
5
Omitted by the A.O. 1937.
6
7
8
Page | 4
14. Establishments of registering offices.- (1) 1[x x x]
(2) The 2 [State Government] may allow proper establishments for the
several offices under this Act.
15. Seal of registering officers.-The several Registrars and Sub-Registrars
shall use a seal bearing the following inscription in English and in such
others language as the 3[State Government] directs.
"The seal of the Registrar (or of the Sub-Registrar) of."
16. Register, books and fire proof boxes.-(1) The 4 [State Government]
shall provide for the office of every registering officer, the books necessary
for the purposes of this Act.
(2) The books so provided shall contain the forms from time to time
prescribed by the Inspector-General with the sanction of the 5 [State
Government], and the pages of such books shall be consecutively
numbered in print, and the number of pages in each book shall be
certified on the title-page by the officer by whom such books are issued.
(3) The 6[State Government] shall supply the office of every Registrar
with a fire-proof box, and shall in each district make suitable provision
for the safe custody of the records connected with the registration of
documents in such district.
7
[16A. Keeping of books in computer floppies, diskettes etc:
(1) Notwithstanding anything contained in section 16, the books
provided under sub-section(1) of that section may also be kept in
computer floppies or diskettes or in any other electronic form in the
manner and subject to the safeguards as may be prescribed by the
Inspector-General with the sanction of the State Government.
(2) Notwithstanding anything contained in this Act or in any other law
for the time being in force, a copy or extracts from the book kept
under sub-section(1) given by the registering officer under his hand
and seal shall be deemed to be a copy given under section 57 for the
purposes of sub-section(5) of that section.]
1
2
Substituted by the A.O. 1950 for "Provincial Government."
3
4
5
6
7
Inserted by Act 48 of 2001, sec. 2 (w.e.f. 21.9.2001).
Page | 5
PART-III
Of Registrable Documents
17. Documents of which registration is compulsory.-(1) The following
documents shall be registered, if the property to which they relate is situate
in a district in which, and if they have been executed on or after the date on
which, Act No. XVI of 1864, or the Indian Registration Act, 1866 (XX of
1866) or the Indian Registration Act, 1871 (VIII of 1871) or the Indian
Registration Act, 1877,(III of 1877), or this Act came or comes in to force,
namely:
(a) instruments of gift of immovable property;
(b) 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;
(c) non-testamentary instruments which acknowledge the receipt or
payment of any consideration on account of the creation,
declaration, assignment, limitation or extinction of any such right,
title or interest; and
(d) leases of immovable property from year to year, or for any term
exceeding one year, or reserving a yearly rent; and
1
[(e) non-testamentary 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, or the value of one hundred rupees and
upwards, to or in immovable property;]
2
[(f) agreement to sell immovable property possession whereof has been
or is handed over to the purported purchaser;]
3
[(g) irrevocable power of attorney relating to transfer of immovable
property in any way:]
Provided that the 4[State Government] may, by order published in
the 5[Official Gazette], exempt from the operation of this sub-section any
1
Added by Act 21 of 1929, s. 10.
2
Inserted by the Registration (Raj. Amendment) Act 18 of 1989 w.e.f. 18.09.89
3
Inserted by the Registration (Raj. Amendment) Act 18 of 1989 w.e.f. 18.09.89
4
Substituted by the A.O. 1950, for "Provincial Government"
5
Substituted by the A.O. 1937, for "local official Gazette".
Page | 6
lease executed in any district, or part of a district, the terms granted by
which do not exceed five years and the annual rents reserved by which do
not exceed fifty rupees.
1
[(1A) The documents containing contracts to transfer for consideration,
any immovable property for the purpose of section 53A of the Transfer of
Property Act, 1882 (4 of 1882), shall be registered if they have been
executed on or after the commencement of the Registration and Other
Related laws (Amendment) Act, 2001, and if such documents are not
registered on or after such commencement, then, they shall have no effect
for the purposes of the said section 53A.]
(2) Nothing in clauses (b) and (c) of sub-section (1) applies to:
(i) any composition deed; or
(ii) any instrument relating to shares in a joint-stock company,
notwithstanding that the assets of such company consist in
whole or in part of immovable property; or
(iii) any debenture issued by any such company and not creating,
declaring, assigning, limiting or extinguishing any right, titile or
interest, to or in immovable property except in so far as it
entitles the holder to the security afforded by a registered
instrument whereby the company has mortgaged, conveyed or
otherwise transferred the whole or part of its immovable
property or any interest therein to trustees upon trust for the
benefit of the holders of such debentures; or
(iv) any endorsement upon or transfer of any debenture issued by
any such company; or
(v) 2 [any document other than the documents specified in sub-
section (1A)] not itself creating, declaring, assigning, limiting or
extinguishing any right, title or interest of the value of one
hundred rupees and upwards to or in immovable property, but
merely creating a right to obtain another document which will
when executed, create, declare, assign, limit or extinguish any
such right, title or interest; or
(vi) any decree or order of a Court 3 [except a decree or order
expressed to be made on a compromise and comprising
1
Inserted by Act 48 of 2001, sec. 3(a) (w.e.f. 24.9.2001) the Registration and Other Related Laws (Amendment) Act, 2001
2
Substituted by Act 48 of 2001, sec. 3(a), for "any document" (w.e.f. 24.9.2001).
3
Substituted by Act 21 of 1929, s. 10, for "and any award".
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immovable property other than that which is the subject matter
of the suit or proceeding]; or
(vii) any grant of immovable property by the 1[Government]; or
(viii) any instrument of partition made by a Revenue Officer; or
(ix) any order granting a loan or instrument of collateral security
granted under the Land Improvement Act, 1871, (XXVI of
1871) or the Land Improvement Loans Act, 1883 (XIX of
1883); or
(x) any order granting a loan under the Agriculturists Loans Act,
1884, (XII of 1884) or instrument for securing the repayment of
a loan made under that Act; or
2
(x a) any order made under the Charitable Endowments Act,
1890(VI of, 1890) vesting any property in a Treasurer of
Charitable Endowments or divesting any such Treasurer of any
property; or
(xi) 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
(xii) any certificate of sale granted to the purchaser of any property
sold by public auction by a civil or Revenue Officer, 3[or]
4
(xiii) any instrument referred to in sub-section 5 of section 89.
Explanation: 5[xxx]
(3) Authorities to adopt a son, executed after the first day of January
1872, and not conferred by a will, shall also be registered.
18. Documents of which registration is optional.- Any of the
following documents may be registered under this Act, namely:
(a) 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 one hundred rupees, to or in
immovable property;
1
Substituted by the A.O. 1950, for "Crown",
2
Inserted by Act 39 of 1948, s 2 (w.e.f. 3.9.1948).
3
Inserted by Act 16 of 1976, sec. 2 (w.e.f. 13.2.1976)
4
Inserted by Act 16 of 1976, sec. 2 (w.e.f. 13.2.1976)
5
Omitted by Act No. 18 of 1989 sec. 2 (w.e.f. 18.9.1989).
Page | 8
(b) instruments acknowledging the receipt or payment of any
consideration on account of the creation consideration, assignment,
limitation or extinction of any such right, title or interest;
(c) leases of immovable property for any term not exceeding one year,
and lease exempted under section 17;
1
(cc) 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;
(d) 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;
(e) wills; and
(f) all other documents not required by section 17 to be registered.
19. Documents in language not understood by registering officer.-If
any document duly presented for registration be in a language which
the registering officer does not understand, and which is not
commonly used in the district, he shall refuse to register the
document, unless it be accompanied by 2 [two copies of the true
translation] into a language commonly used in the district and also
by a true copy.
3
[19-A. Refusal to register.-Notwithstanding anything contained in this
Act, the registering officer shall refuse to register any document
presented to him for registration unless such document is
accompanied by a true or photostate copy thereof.]
20. Documents containing interlineations, blanks, erasures or
alterations.-(1) The registering officer may in his discretion refuse
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.
1
Inserted byAct 33 of 1940, s. 2.
2
Substituted by Raj. Act No. 11 of 1982, sec. 3 (w.e.f. 16.7.1982).
3
Inserted by Raj. Act No. 11 of 1982, sec. 4 (w.e.f. 16.7.1982).
Page | 9
(2) If the registering officer registers any such documents, he shall,
at the time of registering the same, make a note in the register of
such interlineations, blank, erasure or alteration.
21. Description of property and maps or plan.-(1) No non-
testamentary document relating to immovable property shall be
accepted for registration unless it contains a description of such
property sufficient to identify the same.
(2) House in towns shall be described as situate on the north or other
side of the street or road (which should be specified) to which they
front, and by their existing and former occupancies, and by their
numbers if the houses in such street or road are numbered.
(3) Others houses and lands shall be described by their name, if any,
and as being in the territorial division in which they are situate, and
by their superficial contents, the roads and other properties on to
which they abut, and their existing occupancies, and also, whenever
it is practicable, by reference to a Government map or survey.
(4) No non-testamentary document containing in a map or plan of
any property comprised therein shall be accepted for registration
unless it is accompanied by a true copy of the map or plan, or, in
case such property is situate in several districts, by such number of
true copies of the map or plan as are equal to the number of such
districts.
22. Description of houses and land by reference to Government
maps or surveys.-(1) Where it is, in the opinion of the 1 [State
Government] practicable to describe houses, not being houses in
towns, and lands by reference to a Government map or survey,
the 2[State Government] may, by rule made under this Act, require
that such houses, and lands as aforesaid shall, for the purpose of
sections 21, be so described.
(2) Save as otherwise provided by and rule made under sub-
section (1), failure or comply with the provisions of section 21, sub-
section (2) or sub-property (3), shall not disentitle a document to be
registered if the description of the property to which it relates is
sufficient to identify that property.
1
Substituted by the A. O. 1950, for "Provincial Government"
2
Substituted by the A. O. 1950, for "Provincial Government"
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1
[22-A. Documents registration of which is opposed to public policy.-
(1) The State Government may, by notification in the official
Gazette, declare that the registration of any documents or class of
documents or class of document is opposed to the public policy.
(2) Notwithstanding anything contained in this Act, the registering
officer shall refuse to register any document to which a notification
under sub-section (1) is applicable.]
PART-IV
Of the time of presentation
23. Time for presenting documents.- Subject to the provisions
contained in section 24, 25 and 26, no document other than a will
shall be accepted for registration unless presented for that purpose to
the proper officer within four months from the date of its
executions:
Provided that a copy of a decree or order may be presented
within four months from the day on which the decree or order was
made, or, where it is appealable, within four months from the day on
which it becomes final.
2
[23A. Re-registration of certain documents.- Notwithstanding
anything to the contrary contained in this Act, if in any case a
documents requiring registration has been accepted for registration
by a Register or Sub-Registrar from a person not duly empowered to
present the same, and has been registered, any person claiming
under such document may, within four months from his first
becoming aware that the registration of such document is invalid,
present such document or cause the same to be presented in
accordance with the provisions of Part VI for re-registration in the
office of the Registrar of the district in which the document was
originally registered; and upon the Registrar being satisfied that the
document was so accepted for registration from a person not duly
empowered to present the same, he shall proceed to the re-
registration of the document as if it had not been previously
registered, and as if such presentation for re-registration was a
1
2
Inserted by Act 15 of 1917, s. 2.
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presentation for registration made within the time allowed therefore
under Part IV, and all the provisions of this Act, as to registration of
documents shall apply to such re-registration; and such document if
duly re-registered in accordance with the provisions of this section,
shall be deemed to have been duly registered for all purposes from
the date of its original registration:
Provided that, within three months from the twelfth day of
September, 1917, any person claiming under a document to which
this section applies may present the same or cause the same to be
presented for re-registration in accordance with this section,
whatever may have been the time when he first became aware that
the registration of the document was invalid.]
24. Document executed by several persons at different times.-Where
there are several persons executing a document at different times,
such document may be presented for registration and re-registration
within four months from the date of each execution.
25. Provision where delay in presentation is unavoidable: (1) If,
owing to urgent necessity or unavoidable accident, any document
executed, or copy of a decree or order made, in 1 [India] is not
presented for registration, till after the expiration of the time
hereinbefore prescribed in that behalf, the 2[Registering Officer]in
cases where the delay in presentation does not exceed four months,
may 3[register the document], on payment of a fine not exceeding
ten times the amount of the proper registration-fee 4 [on such
document.]
(2) 5[X X X]
26. Document executed out of India.-When a document purporting to
have been executed by all or any of the parties out of 6[India] is not
presented for registration till after the expiration of the time
1
Substituted by Act 3 of 1951, s. 3 of Sch, for "the States" (w.e.f. 1.4.1951).
2
Substituted by Act 18 of 1989, sec. 3 (w.e.f. 18.9.1989), for the "Registrar", "direct that" and "such document shall be
accepted for registration" respectively.
3
4
5
Omitted by Act 18 of 1989 (w.e.f. 18.9.1989).
6
Substituted by Act 3 of 1951, s. 3 of Sch, for "the States" (w.e.f. 1.4.1951).
Page | 12
hereinbefore prescribed in that behalf the registering officer, if
satisfied:
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four months
after its arrival in 1[India]
may, on payment of the proper registration-fee, accept such
document for registration.
27. Will may be presented or deposited at any time: A will may at
any time be presented for registration or deposited in manner
hereinafter provided.
PART-V
Of the place of Registration
28. Place for registering document relating to land.-Save as in this
part otherwise provided, every document mentioned in section 17,
sub-section (1) clauses (a),(b),(c), 2 [(d) and (e), section 17, sub-
section (2), in so far as such document affects immovable property,]
and section 18, clauses (a), (b), 3[(c) and (cc)] 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.
29. Place for registering other documents.- (1) Every document 4[not
being a document referred to in section 28 or a copy of a decree or
order], may be presented for registration either in the office of Sub-
Registrar in whose sub-district the document was executed, or in the
office of any other Sub-Registrar under the 5[State Government] at
which all the persons executing and claiming under the document
desire the same to be registered.
(2) A copy of decree or order may be presented for registration in
the office of the Sub-Registrar in whose sub-district the original
decree or order was made, or, where the decree or order does not
1
Substituted by Act 3 of 1951, s. 3 and Sch, for "the States" (w.e.f. 1.4.1951).
2
Substituted by Act 33 of 1940 s. 3 for "and (d)".
3
Substituted by Act 33 of 1940, s. 3 for "and (c)".
4
Substituted by Act 33 of 1940, s. 3 and Sch. II, for "other than a document referred to in s. 28, and a copy of a decree or
order".
5
Page | 13
affect immovable property, in the office of any other Sub-Registrar
under the 1 [State Government] at which all the persons claiming
under the decree or order desire the copy to be registered.
30. Registration by Registrars in certain cases.- 2[xxx] Any Registrar
may in his discretion receive and register any document which
might be registered by any Sub-Registrar subordinate to him.
31. Registration or acceptance for deposit at private residence.- In
ordinary cases the registration or deposit of documents under this
Act shall be made only at the office of the officer authorised to
accept the same for registration or deposit:
Provided that such officer may on special cause being shown
attend at the residence of the person desiring to present a document
for registration or to deposit a will, and accept for registration or
deposit such document or will.
PART-VI
Of Presenting Document for Registration
32. Persons to present document for registration.- Except in the cases
mentioned in 3 [sections 31, 88 and 89], every documents to be
registered under this Act, whether such registration be compulsory
or optional, shall be presented at the proper registration-office:
(a) by such 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
(b) by the representative or assign of such a person, or
(c) by the agent of such person, representative or assign, duly
authorized by power-of-attorney executed and authenticated in
manner hereinafter mentioned.
4
[32A. Compulsory affixing of photograph etc..- Every person
presenting any document at the proper registration-office under
section 32 shall affix his passport size photograph and fingerprints
to the document:
Provided that where such document relates to the transfer of
ownership of immovable property, the passport size photograph and
1
2
Omitted by Act 18 of 1989 the brackets and figure "(1)" and "(2)".
3
Inserted by Act 48 of 2001, sec, 5 (w.e.f. 24.9.2001).
4
Inserted by Act 48 of 2001, sec, 5 (w.e.f. 24.9.2001).
Page | 14
fingerprints of each buyer and seller of such property mentioned in
the document shall also be affixed to the document.]
33. Power-of-attorney recognizable for purposes of section 32.-(1)
For the purposes of section 32, the following power-of-attorney
shall alone be recognized, namely:
(a) if the principal at the time of executing the power-of-attorney
resides in any part of 1[India] in which this Act is for the time being
in force, a power-of-attorney executed before and authenticated by
the Registrar or Sub-Registrar within whose district or sub-district
the principal resides;
(b) if the principal at the time aforesaid 2[resides in any part of India
in which this Act is not in force], a power-of-attorney executed
before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 3[India], a
power-of-attorney executed before and authenticated by a
NotaryPublic, or any Court, Judge, Magistrate, 4[Indian] Consul or
Vice-Counsul, or representative 5[xxx] of the Central Government:
Provided that the following persons shall not be required to attend
at any registration-office or Court for the purpose of executing any
such power-of-attorney as is mentioned in clause(a) and (b) of this
section, namely:
(a) person who by reason of bodily infirmity are unable without risk or
serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in Court.
6
[Explanation: In this sub-section "India" means India, as defined
in clause (28) of section 3 of the general Clauses Act, 1897, (10 of
1897)].
(2) In the case of every such person the Registrar or Sub-Registrar or
Magistrate, as the case may be, if satisfied that the power-of-attorney has
been voluntarily executed by the person purporting to be the principal
may attest the same without requiring his personal attendance at the
office or Court aforesaid.
1
Substituted by Act 3 of 1951, s. 3 and Sch. For "the States" (w.e.f. 1.4.1951).
2
Substituted by Act 3 of 1951, sec. 3 and Sch. For "resides in any other part of the States" (w.e.f. 1.4.1951).
3
Substituted by Act 3 of 1951, s. 3 and Sch. For "the States" (w.e.f. 1.4.1951).
4
Substituted by the A.O. 1950 for "British"
5
The words "of His Majesty or" omitted, ibid
6
Inserted by Act 3 of 1951, s. 3 and Sch. (w.e.f. 1.4.1951)
Page | 15
(3) To obtain evidence as to the voluntary nature of the execution, the
Registrar or Sub-Registrar or Magistrate may either himself go to the
house of the person purporting to be the principal, or to the jail in which
he is confined, and examine him, or issue a commission for his
examination.
(4) Any power-of-attorney mentioned in this section may be proved by
the production of it without further proof when it purports on the face of
it to have been executed before and authenticated by the person or Court
hereinbefore mentioned in that behalf.
34. Enquiry before registration by registering officer.- (1) Subject to
the provisions contained in this Part and in sections 41,43,45,69,75,77,
88 and 89, no document shall be registered under this Act unless the
persons executing such document, or their representatives, assigns or
agents authorized as aforesaid, appear before the registering officer
within the time allowed for presentation under section 23,24,25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident
all such persons do not so appear, the Registrar, in cases where the delay
in appearing does not exceed four months, may direct that on payment
of a fine not exceeding ten times the amount of the proper registration
fee, in addition to the fine, if any, payable under section 25, the
document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at
different times.
(3) The registering officer shall thereupon:
(a) enquire whether or not such document was executed by the
persons by whom it purports to have been executed;
(b) satisfy himself as to the identity of the persons appearing
before him and alleging that they have executed the document;
and
(c) in the case of any person appearing as a representative, assign
or agent, satisfy himself of the right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1)
may be lodged with a Sub-Registrar, who shall forthwith forward it to
the Registrar to whom he is subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
35. Procedure on admission and denial of execution respectively.-
Page | 16
(1) (a) If all the persons executing the document appear personally
before the registering officer and are personally known to him, or if he
be otherwise satisfied that they are the persons they represent themselves
to be, and if they all admit the execution of the document, or
(b) if in the case of any person appearing by a representative,
assign or agent, such representative, assign or agent admits the
execution, or
(c) if the person executing the document is dead, and his
representative or assign appears before the registering officer and admits
the execution,
The registering officer shall register the document as directed in section
58 to 61 inclusive.
(2) the registering officer may, in order to satisfy himself that the
persons appearing before him are the persons they represent themselves
to be, or for any other purpose contemplated by this Act, examine any
one present in his office.
(3) (a) If any person by whom the document purports to be executed
denies its execution, or
(b) if any such person appears to the registering officer to be a
minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead,
and his representative or assign denies its execution.
The registering officer shall refuse to register the document as to the
person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the
procedure prescribed in Part XII:
1
[Provided further that the 2 [State Government]may, by
notification in the 3 [official Gazette], declare that any Sub-Registrar
named in the notification shall, in respect of documents the execution of
which is denied, be deemed to be a Registrar for the purposes of this
sub-section and of Part XII.]
PART-VII
Of Enforcing the Appearance of Executants And Witnesses
1
2
3
Substituted by the A.O. 1937, for "Local Official Gazette".
Page | 17
36. Procedure when appearance of Executants or witness is desired.-
If any person presenting any document for registration or claiming under
any document, which is capable of being so presented, desires the
appearance of any person whose presence or testimony is necessary for
the registration of such document, the registering officer may, in his
discretion call upon such officer or Court as the 1[State Government]
directs in this behalf to issue a summons requiring him to appear at the
registration office, either in person or by duly authorized agent, as in the
summons may be mentioned, and at a time named therein.
37.Officer or Court to issue and cause service of summons.-The
officer or Court, upon receipt of the peon's fee payable in such cases,
shall issue the summons accordingly, and cause it to be served upon the
person whose appearance is so required.
38.Persons exempt from appearance at registration office.-(1) (a) A
person who by reason of bodily infirmity is unable without risk or
serious inconvenience to appear at the registration office, or
(b) a person in jail under civil or criminal process, or
(c) persons exempt by law from personal appearance in Court, and who
would but for the provision next hereinafter contained be required to
appear in person at the registration-office,
shall not be required so to appear.
(2)In the case of every such person the registering officer shall either
himself go to the house of such person, or to the jail in which he is
confined, and examine him or issue a commission for his examination.
39. Law as to summonses, commissions and witnesses.-The law in
force for the time being as to summons, commissions and compelling
the attendance of witnesses, and for their remuneration in suits before
Civil Courts, shall, save as aforesaid and mutatis mutandis, apply to any
summon or commission issued and any person summoned to appear
under the provisions of this Act.
PART-VIII
Of Presenting Wills and Authorities to Adopt
40. Persons entitled to present wills and authorities to adopt.-
1
Page | 18
(1) 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.
(2) The donor, or after his death the donee, of any authority to adopt, or
the adoptive son, may present it to any Registrar or Sub-Registrar for
registration.
41. Registration of wills and authorities to adopt.- (1) A will or an
authority to adopt, presented for registration by the testator or donor,
may be registered in the same manner as any other document.
(2) A will or authority to adopt presented for registration by any other
person entitled to present it shall be registered if the registering officer is
satisfied.
(a) that the will or authority was executed by the testator or donor,
as the case may be;
(b) that the testator or donor is dead; and
(c) that the person presenting the will or authority is, under section
40, entitled to present the same.
PART-IX
Of the Deposit of Wills
42. Deposit of wills: Any testator may, either personally or by duly
authorized agent, deposit with any Registrar his will in a sealed cover
superscribed with the name of the testator and that of his agent (if any)
and with a statement of the nature of the document.
43.Procedure on deposit of wills.- (1) On receiving such cover, the

Registrar, if satisfied that the person presenting for deposits is the
testator or his agent, shall transcribe in his Register-book No. 5 the
superscription aforesaid, and shall note in the same book and on the said
cover the year, month, day and hour of such presentation and receipt,
and the names of any persons who may testify to the identity of the
testator or his agent, and any legible inscription which may be on the
seal of the cover.
(2) The Registrar shall then place and retain the sealed cover in his fire-
proof box.
Page | 19
44. Withdrawal of sealed cover deposited under section 42.-If the
testator who has deposited such cover wishes to withdraw it, he may
apply, either personally or by duly authorize agent, to the Registrar who
holds it in deposit, and such Registrar, if satisfied that the applicant is
actually the testator or his agent, shall deliver the cover accordingly.
45. Proceedings on death of depositor.-(1) If on the death of a testator
who has deposited a sealed cover under section 42, application be made
to the Registrar who holds it in deposit to open the same, and if the
Registrar is satisfied that the testator is dead, he shall, in the applicant's
presence, open the cover, and, at the applicant's expense, cause the
contents thereof be copied into his Book No. 3.
(2) When such copy has been made, the Registrar shall redeposit the
original will.
46. Saving of certain enactments and powers of Courts.-(1) Nothing
hereinbefore contained shall affect the provisions of section 259 of the
Indian Succession Act, 1865 1 [10 of 1865] or of section 81 of the
Probate and Administration Act, 1881 2[5 of 1881] or the power of any
Court by order to compel the production of any will.
(2) When any such order is made, the Registrar shall, unless the will has
been already copied under section 45, open the cover and cause the will
to be copied into his Book No. 3 and make a note on such copy that the
original has been removed into Court in pursuance of the order
aforesaid.
PART-X
Of the Effects of Registration and Non-Registration
47. Time from which registered document operates.-A registered
document shall operate from the time from which it would have
commenced to operate if no registration thereof had been required or
made, and not from the time of its registration.
48.Registered documents relating to property when to take effect

against oral agreements.-All non-testamentary documents duly
registered under this Act, and relating to any property, whether movable
1
See now the Indian Succession Act, 1925 (39 of 1925).
2
See now the Indian Succession Act, 1925 (39 of 1925).
Page | 20
or immovable, shall take effect against any oral agreement or declaration
relating to such property, unless where the agreement or declaration has
been accompanied or followed by delivery of possession 1and the same
constitutes a valid transfer under any law for the time being in force:
Provided that a mortgage by deposit of title deeds as defined in
section 58 of the Transfer of Property Act, 1882, (4 of 1882) shall take
effect against any mortgage-deed subsequently executed and registered
which relates to the same property.
49.Effect of non-registration of documents required to be
registered.-No document required by section 17 2[or any provision of
the Transfer of property Act, 1882 (4 of 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:
3
[Provided that an unregistered document affecting immovable
property and required by this Act or the Transfer of Property Act, 1882
(4 of 1882), to be registered may be received as evidence of a contract in
a suit for specific performance under Chapter II of the Specific Relief
Act 1877 (1 of 1877) 4[xxx], or as evidence of any collateral transaction
not required to be effected by registered instrument].
50. Certain registered documents relating to land to take effect
against unregistered documents.-(1) Every document of the kinds
mentioned in clauses (a), (b), (c) and (d) of section 17, sub-section (1),
and clauses (a) and (b) of section 18, shall, if duly registered, take effect
as regards the property comprised therein, against every unregistered
document relating to the same property, and not being a decree or order,
whether such unregistered document be of the same nature as the
registered document or not.
(2) Nothing in sub-section (1) applies to leases exempted under the
proviso to sub-section (1) of section 17 or to any document mentioned in
1
2
3
4
The words "or as evidence of part performance of a contract for the purposes of section 53A of the Transfer of Property
Act, 1882 (4 of 1882)" omitted by the Registration and other related laws (Amendment) Act, 2001, Act No. 48 of 2001, sec.
6 (w.e.f. 24.9.2001).
Page | 21
sub-section (2) of the same section, or to any registered document which
had not priority under the law in force at the commencement of this Act.
Explanation: In cases where Act No. 16 of 1864 or the Indian
Registration Act, 1866 (20 of 1866), was in force in the place and at the
time in and at which such unregistered document was executed,
"unregistered" means not registered according to such Act, and, where
the document is executed after first day of July, 1871, not registered
under the Indian Registration Act, 1871 (8 of 1871), or the Indian
Registration Act, 1877 (3 of 1877), or this Act.
PART-XI
Of the Duties and Powers of Registering Officers
(A) As to the Register-books and indexes
51. Register books to be kept in several offices.-(1)The following
books shall be kept in the several offices hereinafter named, namely:
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:
Book 5, "Register of deposits of wills".
(2) In Book 1 shall be entered or filed all documents or memoranda
registered under sections 17, 18 and 89 which relate to immovable
property, and are not wills.
(3) In Book 4 shall be entered all documents registered under clauses
(d) and (f) of section 18 which do not relate to immovable
property.
(4) Nothing in this section shall be deemed to require more than one
set of books where the office of the Registrar has been
amalgamated with the office of a Sub-Registrar.
52. Duties of registering officers when document presented.-
(1) (a) The day, hour and place of presentation 1[the photographs and
finger prints affixed under section 32 A], and the signature of every
1
Page | 22
person presenting a document for registration, shall be endorsed on
every such document at the time of presenting it;
(b) a receipt for such document shall be given by the registering
officer to the person presenting the same; and
1
(c) Subject to the provisions contained in section 62, a true or
photostate copy of every document admitted to registration shall without
unnecessary delay, be pasted in the book appropriated therefore
according to the order of its admission.
(2) All such books shall be authenticated at such intervals and in such
manner as is from time to time prescribed by the Inspector-General.
53. Entries to be numbered consecutively.-All entries in each book
shall be numbered in a consecutive series, which shall commence and
terminate with the year, a fresh series being commenced at the beginning
of each year.
54. Current indexes and entries therein.-In every office in which any
of the books hereinbefore mentioned are kept, there shall be prepared
current indexes of the contents of such books; and every entry in such
indexes shall be made, so far as practicable, immediately after the
registering officer has copied, or filed a memorandum of, the document
to which it relates.
55.Indexes to be made by registering officers, and their contents.-(1)
Four such indexes shall be made in all registration offices, and shall be
named, respectively, Index No-1, Index No-II, Index No-III and Index No-
IV. (2) Index No-I, shall contain the names and additions of all persons
executing and of all persons claiming under every document entered or
memorandum filed in Book No. 1.
(3) Index No-II shall contain such particulars mentioned in section 21
relating to every such document and memorandum as the Inspector-
General from time to time directs in that behalf.
(4) Index No-III shall contain the name and additions of all persons
executing every will and authority entered in Book No. 3, and of the
executors and persons respectively appointed there-under, and after the
death of the testator or the donor (but not before) the names and
additions of all persons claiming under the same.
1
Substituted by Raj. Act 11 of 1982, sec. 5 (w.e.f. 16.7.1982).
Page | 23
(5) Index No-IV shall contain the name and additions of all persons
executing and of all persons claiming under every document entered in
Book No-4.
(6) Each index shall contain such other particulars and shall be prepared
in such form, as the Inspector-General from time to time directs.
56. Copy of entries in Indexes No-I, II and III to be sent by Sub-
Registrar to Registrar and filed.-[Rep by the Indian Registration
(Amendment) Act, 1929 (15 of 1929), s. 2.]
57. Registering officers to allow inspection of certain books and

indexes, and to give certified copies of entries.-(1) Subject to the
previous payment of the fees payable in that behalf, the Books No-1 and
2 and the indexes relating to Book No-1 shall be at all times open to
inspection by any person applying to inspect the same; and, subject to
the provisions of section 62, copies of entries in such book shall be
given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No-3 and in
the index relating thereto shall be given to the persons executing the
documents to which such entries relate, or to their agents, and after the
death of the Executants (but not before) to any person applying for such
copies
(3) Subject to the same provisions, copies of entries in Book No-4 and in
the index thereto shall be given to any person executing or claiming
under the documents to which such entries respectively refer, or to his
agent or representative.
(4) The requisite search under this section for entries in Book No-3 and
4 shall be made only by the registering officer.
(5) All copies given under this section shall be signed and sealed by the
registering officer, and shall be admissible for the purpose of proving the
contents of the original documents.
(B) As to the procedure on admitting to registration
58. Particulars to be endorsed on documents admitted to

Registration.-(1) On every document admitted to registration, other
than a copy of a decree or order, or a copy sent to a registering officer
Page | 24
under section 89, there shall be endorsed from time to time the following
particulars, namely:
(a) the signature and addition of every person admitting the execution of
the document, and if such execution has been admitted by the
representative, assign or agent of any person the signature and addition
of such representative, assign or agent;
(b) the signature and addition of every person examined in reference to
such document under any of the provisions of this Act; and
(c) any payment of money or delivery of goods made in the presence of
the registering officer in reference to the execution of the document, and
any admission of receipt of consideration, in whole or in part, made in
his presence in reference to such execution.
(2) If any person admitting the execution of a document refuses to
endorse the same, the registering officer shall nevertheless register it, but
shall at the same time endorse a note of such refusal.
59. Endorsements to be dated and signed by registering officer.-The
registering officer shall affix the date and his signature to all
endorsements made under section 52 and 58, relating to the same
document and made in his presence on the same day.
60. Certificate of registration.-(1) After such of the provisions of
sections 34, 35, 58 and 59 as apply to any document presented for
registration have been complied with, 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.
(2) Such certificate shall be signed, sealed and dated by the registering
officer, and shall then be admissible for the purpose of proving that the
document has been duly registered in manner provided by this Act, and
that the facts mentioned in the endorsements referred to in section 59
have occurred as therein mentioned.
61.Endorsements and certificate to be copied and document

returned.-(1)The endorsement and certificate referred to and mentioned
in sections 59 and 60 shall thereupon be copied into the margin of the
Register-book and the copy of the map or plan (if any) mentioned in
section 21 shall be filed in Book No-1.
Page | 25
(2) The registration of the document shall thereupon be deemed
complete, and the document shall then be returned to the person who
presented the same for registration, or to such other person (if any) as he
has nominated in writing in that behalf on the receipt mentioned in
section 52.
62.Procedure on presenting document in language unknown to
registering officer.- 1(1) When a document is presented for registration
under section 19, a copy of a translation shall be pasted in the register of
documents of the nature of the original, and the second copy of the
translation together with the copy, referred to in section 19, shall be filed
in the registration office.
(2) The endorsement and certificate respectively mentioned in sections
59 and 60 shall be made on the original, and, for the purpose of making
the copies and memoranda required by sections 57, 64, 65 and 66, the
translation shall be treated as if it were the original.
63. Power to administer oaths and record of substance of
statements.-(1) Every registering officer may at his discretion
administer an oath to any person examined by him under the provisions
of this Act.
(2) Every such officer may also at his discretion record a note of the
substance of the statement made by each such person, and such
statement shall be read over, or (if made in a language with which such
person is not acquainted), interpreted to him in a language with which he
is acquainted, and, if he admits the correctness of such note, it shall be
signed by the registering officer.
(3) Every such note so signed shall be admissible for the purpose of
proving that the statements therein recorded were made by the persons
and under the circumstances therein stated.
(C) Special duties of Sub-Registrar
64. Procedure where document relates to land in several sub-

districts.-(1) Every Sub-Registrar on registering a non-testamentary
document relating to immovable property not wholly situate in his own
sub-district shall make a memorandum thereof and of the endorsement
1
Substituted by the Raj. Act No. 11 of 1982 (w.e.f. 16.7.1982)
Page | 26
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 No-1.
65. Procedure where document relates to land in several districts.-
(1) Every Sub-Registrar on registering a non-testamentary document
relating to immovable property situate in more districts than one shall
also forward a copy thereof and of the endorsement and certificate (if
any) thereon, together with a copy of the map or plan (if any) mentioned
in section 21, to the Registrar of every district in which any part of such
property is situate other than the district in which his own sub-district is
situate.
(2) The Registrar on receiving the same shall file in his Book No-1 the
copy of the document and the copy of the map or plan (if any), and shall
forward a memorandum of the documents to each of the Sub-Registrar
subordinate to him within whose sub-district any part of such property is
situate and every Sub-Registrar receiving such memorandum shall file in
his Book No-1
(D) Special duties of Registrar
66. Procedure after registration of document relating to land.-(1) On
registering any non-testamentary document relating to immovable
property the Registrar shall forward a memorandum of such document to
each Sub-Registrar subordinate to himself in whose sub-district any part
of the property is situate.
(2) The Registrar shall also forward a copy of such document, together
with a copy of the map or plan (if any) mentioned in section 21, to every
other Registrar in whose district any part of such property is situate.
(3) Such Registrar on receiving any such copy shall file it in his Book
No-1, and shall also send a memorandum of the copy to each of the Sub-
Registrar subordinate to him within whose sub-district any part of the
property is situate.
(4) Every Sub-Registrar receiving any memorandum under this section
shall file it in his Book No-1
Page | 27
67. 1[xxx]
(E) Of the controlling powers of Registrar and Inspector-General
68. Power of Registrar to superintend and Control Sub-Registrars.-
(1)Every Sub-Registrar shall perform the duties of his office under the
superintendence and control of the Registrar in whose district the office
of such Sub-Registrar is situate.
(2) Every Registrar shall have authority to issue (whether on complaint
or otherwise) any order consistent with this Act which he considers
necessary in respect of any act or omission of any Sub-Registrar
subordinate to him or in respect of the rectification of any error
regarding the book or the office in which any document has been
registered.
69. Power of Inspector-General to superintend registration offices

and make rules.-(1) The Inspector-General shall exercise a general
superintendence over all the registration-offices in the territories under
the 2 [State Government], and shall have power from time to time to
make rules consistent with this Act:
(a) providing for the safe custody of books, papers and documents 3[xxx]
4
(aa) providing the manner in which and the safeguards subject to which
the books may be kept in computer floppies or diskettes or in any other
electronic form under sub-section(1) of section 16A;
(b) declaring what languages shall be deemed to be commonly used in
each district;
5
(bb) providing for grant of licences to document writers, the revocation
of such licences, the terms and conditions subject to which and the
authority by whom such licence shall be granted and generally for all
purposes connected with the writing of documents to be presented for
registration.
(c) declaring what territorial divisions shall be recognized under section
21;
1
Deleted by the Raj. Act No. 18 of 1989 (w.e.f.).
2
Substituted by the A.O. 1950 for "Provinicial Government".
3
Certain words rep. by Act 5 of 1917, sec. 6 and sch.
4
Inserted by the Act 48 of 2001, sec. 9 (w.e.f. 24.9.2001).
5
Inserted by Raj. Act No. 18 of 1953, s, 2 (w.e.f. 10.10.1953).
Page | 28
(d) regulating the amount of fines imposed under section 25 and 34,
respectively;
1
(dd) providing for recovery of deficit registration fee.]
2
(ddd) providing for refund of registration fee paid in excess.]
(e)regulating the exercise of the discretion reposed on the registering
officer by section 63.
(f) regulating the form in which registering officers are to make
memoranda of documents;
(g) regulating the authentication by Registrars and Sub-Registrars of the
books kept in their respective offices under section 51;
3
(gg) regulating the manner in which the instrument referred to in sub-
section (2) of section 88 may be presented for registration;
(h) declaring the particulars to be contained in Indexes Nos. I, II, III and
IV, and respectively
(i) declaring the holidays that shall be observed in the registration
offices; and
(j) generally, regulating the proceedings of the Registrars and Sub-
Registrars.
(2) The rules so made shall be submitted to the 4[State Government] for
approval, and, after they have been approved, they shall be published in
the 5[Official Gazette], and on publication shall have effect as if enacted
in this Act.
6
(3) The Inspector-General shall have power to issue any order
consistent with this Act which he considers necessary in respect of any
act or omission of any person subordinate to him or in respect of
rectification of any error regarding the book or the office in which any
document has been registered.
70. Power of Inspector-General to remit fines: The Inspector-General
may also, in the exercise of his discretion, remit wholly or in part the
difference between any fine levied under section 25 or section 34, and
the amount of the proper registration-fee.
1
2
3
Inserted by Act 39 of 1948, sec. 4.
4
5
Substituted by the A.O. 1937, for "Local Official Gazette".
6
Added by Raj. Act 18 of 1989 sec. 6 (w.e.f. 18.9.1989).
Page | 29
PART-XII
Of Refusal to Register
71. Reasons for refusal to register to be recorded.-(1) Every Sub-
Registrar refusing to register a document, except on the ground that the
property to which it relates is not situate within his sub-district, 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; and, on application made by any person executing or
claiming under the document, shall, without payment and unnecessary
delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration, a document so
endorsed unless and until, under the provisions hereinafter contained, the
document is directed to be registered.
72. Appeal to Registrar from orders of Sub-Registrar refusing
registration on ground other than denial of execution: (1) Except
where the refusal is made on the ground of denial of execution, an
appeal shall lie against an order of a Sub-Registrar refusing to admit a
document to registration (whether the registration of such document is
compulsory or optional) to the Registrar to whom such Sub-Registrar is
subordinate, if presented to such Registrar within thirty days from the
date of the order; and the Registrar may reverse or alter such order.
(2) If the order of the Registrar directs the document to be registered and
the document is duly presented for registration within thirty days after
the making of such order, the Sub-Registrar shall obey the same, and
thereupon shall, so far as may be practicable, follow the procedure
prescribed in section 58, 59 and 60; and such registration shall take
effect as if the document had been registered when it was first duly
presented for registration.
73. Application to Registrar where Sub-Registrar refuses to register
on ground of denial of execution.-(1)When a Sub-Registrar has refused
to register a document on the ground that any person by whom it
purports to be executed, or his representative or assign, denies its
execution, any person claiming under such document, or his
representative, assign or agent authorised as aforesaid, may, within thirty
days after the making of the order of refusal, apply to the Registrar to
Page | 30
whom such Sub-Registrar is subordinate in order to establish his right to
have the document registered.
(2) Such application shall be in writing and shall be accompanied by a
copy of the reasons recorded under section 71, and the statements in the
application shall be verified by the applicant in manner required by law
for the verification of plaints.
74. Procedure of Registrar on such application.-In such case, and also
where such denial as aforesaid is made before a Registrar in respect of a
document presented for registration to him, the Registrar shall, as soon
as conveniently may be, enquire:
(a) whether the document has been executed;
(b) whether the requirements of the law for the time being in force have
been complied with on the part of the applicant or person presenting the
document for registration, as the case may be, so as to entitle the
document to registration.
75. Order by Registrar to register and procedure thereon.-(1) 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.
(2)If the document is duly presented for registration within thirty days
after the making of such order, the registering officer shall obey the
same and thereupon shall, so far as may be practicable, follow the
procedure prescribed in sections 58, 59 and 60.
(3) Such registration shall take effect as if the document had been
registered when it was first duly presented for registration.
(4) The Registrar may, for the purpose of any enquiry under section 74,
summon and enforce the attendance of witnesses, and compel them to
give evidence, as if he were a Civil Court, and he may also direct by
whom the whole or any part of the costs of any such enquiry shall be
paid, and such costs shall be recoverable as if they had been awarded in
a suit under the Code of Civil Procedure, 1908 (5 of 1908).
76. Order of refusal by Registrar.-(1) Every Registrar refusing:
(a) to register a document except on the ground that the property to
which it relates is not situate within his district, or that the document
ought to be registered in the office of a Sub-Registrar, or
Page | 31
(b) to direct the registration of a document under section 72 or section
75,
shall make an order of refusal and record the reasons for such order in
his Book No-2, and, on application made by any person executing or
claiming under the document, shall, without unnecessary delay, give him
a copy of the reasons so recorded.
(2) No appeal lies from any order by a Registrar under this section or
section 72.
77. Suit in case of order of refusal by Registrar.- (1) Where the
Registrar refuses to order the document to be registered, under section
72 or section 76, any person claiming under such document, or his
representative, assign or agent, may, within thirty days after the making
of the order of refusal, institute in the Civil Court, within the local limits
of whose original jurisdiction is situate the office in which the document
is sought to be registered, a suit for a decree directing the document to
be registered in such office if it be duly presented for registration within
thirty days after the passing of such decree.
(2) The provisions contained in sub-sections (2) and (3) of section 75
shall, mutatis mutandis, apply to all documents presented for registration
in accordance with any such decree, and notwithstanding anything
contained in this Act, the documents shall be receivable in evidence in
such suit.
PART-XIII
Of the Fees for Registration, Searches, and Copies
78. Fees to be fixed by State Government.- 1 [xxx] 2 (1). The 3 [State
Government] shall prepare a table of fees payable:
(a) for the registration of documents;
(b) for searching the registers;
(c) for making or granting copies of reasons, entries or documents,
before, on or after registration; and of extra or additional fees payable:
(d) for every registration under section 30;
(e) for the issue of commissions;
(f) for filing translations;
(g) for attending at private residences;
1
The words "Subject to the control of the G.G. in C". rep. by Act 38 of 1920, s. 2 and Sch. 1.
2
Ins. By Act No. 16 of 1976 (w.e.f. 13.2.1976).
3
Page | 32
(h) for the safe custody and return of documents and
(i) for such other matters as appear to the Government necessary to
effect the purpose of this Act,
1
(2) the State Government may, if in its opinion it is necessary in the
public interest so to do, by order published in the official Gazette, remit
or reduce the fees payable in respect of any of the matters enumerated in
clause (a) to (i) of sub-section (1), either generally or for any particular
class or classes of cases and in respect of persons generally or of any
particular class or classes or persons.
79.Publication of fees.-A table of the fees so payable shall be published
in the official Gazette, and a copy thereof in English and the vernacular
language of the district shall be exposed to public view in every
registration office.
80. Fees payable on presentation.-All fees for the registration of
documents under this Act shall be payable on the presentation of such
documents.
2
[80A. Duty of Collector in proceedings under sections 47A and 47C
of the Indian Stamp Act, 1899: (a) Where during the course of the
proceedings, if any, under section 47-A or section 47-C of the Indian
Stamp Act, 1899, the Collector is satisfied that the fee for registration
paid under this Act in respect of a document or instrument is in deficit,
he shall determine, in the course of such proceedings, the deficient
amount of fee and recover the same from the person liable to pay the
deficient amount of stamp duty under the said section.
(2) The amount recoverable under this section shall be recovered as
arrears of Land revenue.]
3
[80B. Recovery of deficient registration fee as arrears of Land
revenue.-If on inspection or otherwise, it is found that the fee payable
under this Act in relation to any document which is registered, has not
been paid or has been insufficiently paid, such fee may (after failure to
pay the same of demand within the prescribe period) on a certificate of
Inspector General of Registration or any other officer appointed under
section 8, be recovered from the persons liable to pay the stamp duty as
1
Ins. By Act No. 16 of 1976 (w.e.f. 13.2.1976).
2
Inserted by Raj. Act No. 11 of 1982 sec. 8 (w.e.f. 16.7.1982).
3
Inserted by Raj. Act No. 11 of 1982 sec. 8 (w.e.f. 16.7.1982).
Page | 33
arrears of land revenue. Such certificate shall be final and shall not be
called in question in any Court or before any authority:
Provided that no such certificate shall be granted unless due
enquiry is made and such person has been given an opportunity, if being
heard.]
PART-XIV
Of Penalties
81. Penalty for incorrectly endorsing, copying, translating or
registering document with intent to injure.-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, (45 of 1860), to any person, shall be
punishable with imprisonment for a term which may extend to seven
years, or with fine, or with both 1.
82. Penalty for making false statements, delivering false copies or
translations, false personation, and abetment.-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, in any proceeding or enquiry under this Act; or
(b) intentionally delivers to a registering officer, in any proceeding under
section 19 or section 21, a false copy or translation of a document, or a
false copy of map or plan; or
(c) falsely personates another, and in such assumed character presents
any document, or makes any admission or statement, or causes any
summons or commission to be issued, or does any other act in any
proceeding or enquiry under this Act; or
(d) 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 both1.
1
For s. 82A. applicable to Bengal only, see the Bengal Touts Act, 1942 (Ben. 5 of 1942), s. 10.
Page | 34
83. Registering officer may commence prosecutions.- (1) A
prosecution for any offence under this Act coming to the knowledge of a
registering officer in his official capacity may be commenced by or with
the permission of the Inspector-General, 1[xxx] the Registrar or the Sub-
Registrar, in whose territories, district or sub-district, as the case may be,
the offence has been committed.
(2) Offences punishable under this Act shall be tribal by any Court or
officer exercising powers not less than those of a Magistrate of the
second class.
84. Registering officers to be deemed public servants.-(1) Every
registering officer appointed under this Act shall be deemed to be a
public servant within the meaning of the Indian Penal Code (45 of
1860).
(2) Every person shall be legally bound to furnish information to such
registering officer when required by him to do so.
(3) In section 228 of the Indian Penal Code, (45 of 1860), the words,
"judicial proceeding" shall be deemed to include any proceeding under
this Act.
PART-XV
Miscellaneous
85. Destruction of unclaimed document.-Documents (other than
wills) remaining unclaimed in any registration office for a period
exceeding two years may be destroyed.
86. Registering officer not liable for thing bonafide done or

refused in his official capacity.-No registering officer shall be liable to
any suit, claim or demand by reason of anything in good faith done or
refused in his official capacity.
87. Nothing so done invalidated by defect in appointment or
procedure.-Nothing done in good faith persuant to this Act or any Act
hereby repealed, by any registering officer, shall be deemed invalid
merely by reason of any defect in his appointment or procedure.
1
The words "the Branch Inspector-General of Sindh" omitted by the A.O. 1937,
Page | 35
1
[88. Registration of documents executed by Government officers or
certain public functionaries.-(1) Notwithstanding anything contained
in this Act, it shall not be necessary for:
(a) any officer of Government, or
(b) any Administrator General, Official Trustee or Official Assignee, or
(c) the Sheriff, Receiver or Registrar of High Court, or
(d) the holder for the time-being of such other public office as may be
specified in a notification in the Official Gazette issued in that
behalf by the 2[State Government].
to appear in person or by agent at any registration office in any
proceeding connected with the registration of any instrument executed
by him or in his favour, in his official capacity, or to sign as provided in
section 58.
(2) Any instrument executed by or in favour of an officer of Government
or any other person referred to in sub-section (1) may be presented for
registration in such manner as may be prescribed by rules made under
section 69.
(3) The registering officer to whom any instrument is presented for
registration under this section may, if he thinks fit, refer to any Secretary
to Government or to such officer of Government or other person referred
to in sub-section (1) for information respecting the same and on being
satisfied of the execution thereof, shall register the instrument].
89. Copies of certain orders, certificates and instruments to be sent
to registering officers and filed.-(1) Every officer granting a loan under
the Land Improvement Loans Act, 1883 (19 of 1883), shall send a copy
of his order to the registering officer within the local limits of whose
jurisdiction the whole or any part of the land to be improved or of the
land to be granted as collateral security, is situate, and such registering
officer shall file the copy in Book No-1.
(2) Every Court granting a certificate of sale of immovable property
under the Code of Civil procedure 1908 (5 of 1908), shall send a copy of
such certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the immovable property comprised
in such certificate is situate, and such officer shall file the copy in his
Book No-1.
1
Substituted by Act 39 of 1948, s. 5.
2
Page | 36
(3) Every officer granting a loan under the Agriculturists Loans Act,
1884 (12 of 1884), shall send a copy of any instrument whereby
immovable property is mortgaged for the purpose of securing the
repayment of the loan, and, if any such property is mortgaged for the
same purpose in the order granting the loan, a copy also of that order, to
the registering officer within the local limits of whose jurisdiction the
whole or any part of the property so mortgaged is situate, and such
registering officer shall file the copy or copies, as the case may be, in his
Book No-1.
(4) Every revenue officer granting a certificate of sale to the purchaser
of immovable property sold by public auction shall send a copy of the
certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the property comprised in the
certificate is situate, and such officer shall file the copy in his Book No.1
1
(5) Every Bank granting a loan to an agriculturists for agricultural
purposes, shall send within such time and in such manner as may be
prescribed, a copy of any instrument whereby immovable property is
mortgaged for the purpose of securing repayment of loan, to the
registering officer within the local limits of whose jurisdiction the whole
or any part of the property so mortgaged is situate, and such registering
officer shall file the copy in his Book No.1.
Explanations: For the purposes of sub-section (5)
(a) the expression 'every bank' shall mean:
(i) a banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India
Act, 1955;
(iii) a subsidiary bank as defined in the State Bank of India (Subsidiary
Bank) Act, 1959;
(iv) a corresponding new bank constituted under the Banking companies
(Acquisition Transfer of Undertakings) Act, 1970;
(v) a banking institution notified by the Central Government under
section 51 of the Banking Regulation Act, 1949;
(vi) the Agricultural Refinance Corporation constituted under the
Agricultural Re-finance Corporation Act, 1963;
(vii) Agro-Industries Corporation;
(viii) Agricultural Finance Corporation Ltd. a company incorporated
under the companies Act, 1956; and
1
Page | 37
(ix) Any other financial institution notified by the State Government in
the official Gazette as a bank for the purpose of this Act.
(b) the word 'agriculturist' shall have the meaning assigned to it in sub-
section (3) of section 5 of the Rajasthan Tenancy Act, 1955 (Raj. Act, 3
of 1955).]
Exemption from Act
90. Exemption of certain documents executed by or in favour or

Government.-(1) Nothing contained in this Act or in the Indian
Registration Act, 1877 (3 of 1877), or in the Indian Registration Act,
1871 (8 of 1871) or in any Act thereby repealed, shall be deemed to
require, or to have at any time required, the registration of any of the
following documents or maps, namely:
(a) documents issued, received or attested by any officer engaged in
making a settlement or revision of settlement of land-revenue, and which
form part of the records of such settlement; or
(b) documents and maps issued, received or authenticated by any officer
engaged on behalf of Government in making or revising the survey of
any land, and which form part of the record of such survey; or
(c) documents which, under any law for the time-being in force, are filed
periodically in any revenue office by patwaris or other officers charged
with the preparation of village records; or
(d) sanads, inam, title-deeds and other documents purporting to be or to
evidence grants or assignments by Government of land or of any interest
in land; or
(e) notices given under section 74 or section 76 of the Bombay Land
Revenue Code, 1879 (Bom. 5 of 1879), or relinquishment of occupancy
by occupants, or of alienated land by holders of such land.
(2) All such documents and maps shall, for the purposes of sections 48
and 49, be deemed to have been and to be registered in accordance with
the provisions of this Act.
91. Inspection and copies of such documents: 1 (1) Subject to such
rules and the previous payment of such fees as the 2 [1 1 [State
1
Renumbered as sub-section (1) thereof by Act 20 of 1983, sec. 2 and sch. (w.e.f. 15.3.1984).
2
Substituted by Act 20 of 1983, sec. 2 and sch. For "State Government prescribes in this behalf"
(w.e.f. 15.3.1984).
Page | 38
Government], by notification in the Official Gazette, prescribes in this
behalf], all documents and maps mentioned in section 90, clauses (a),
(b), (c) and (e), and all registers of the documents mentioned in clause
(d), shall be open to the inspection of any person applying to inspect the
same, and, subject as aforesaid, copies of such documents shall be given
to all persons applying for such copies.
2
(2) Every rule prescribed under this sub-section or made under section
69 shall be laid, as soon as it is made, before the State Legislature.
92. [Burmese registration rules confirmed] Rep. by the A.O. 1937.
Repeals
93. [Repeals]Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.
The Schedule: [Repeal of Enactments.] Rep. by s. 2 and Sch. ibid.
APPENDIX-A
THE PART B STATES (LAWS) ACT, 1951
(Act III of 1951)
An act to provide for the extension of certain laws to Part-B States. Be it

enacted by Parliament as follows:
1. Short title and commencement.-
(1) This Act may be called The Part B States (Laws) Act, 1951.
(2) It shall come into force3on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2. Definition: In this Act, "appointed day" means the date on which this
Act comes into force.
3. Extension and amendment of certain Acts and Ordinances.- The

Acts and Ordinances specified in the Schedule shall be amended in
the manner and to the extent therein specified, and the territorial
extent of each of the said Acts and Ordinances shall, as from the
appointed day and in so far as any of the said Acts or Ordinances or
1
Subs. by the A.O. 1950, for "Provincial Government".
2
Inserted by Act 20 of 1983, sec. 2 and sch. (w.e.f. 15.3. 1984).
3
Came into force w.e.f. 1.4.1951, vide Notification No. S.R.O. 313, dated 7.3.1951. (See Gaz. Of Indias, Pt. II-S, 3, P, 354).
Page | 39
any of the provisions contained therein relates to matters with respect
to which Parliament has power to make laws, be as stated in the
extent clause thereof as so amended.
4. Construction of references to laws not in force in Part B States:
"Any" reference in any Act or Ordinance specified in the Schedule to
a law which is not in force in a Part B State shall, in relation to that
State, be construed as a reference to the corresponding law, if any, in
force in that State.
5. Construction of references to authorities where new authorities
have been constituted.- Any reference by whatever form of words,
in any law for the time being in force in a Part B State to any
authority competent at the date of the passing of that law to exercise
any powers or discharge any functions in that State shall, where a
corresponding new authority has been constituted by or under any act
or Ordinance now extended to that State, have effect as if it were a
reference to that new authority.
6. Repeals and savings.- If immediately before the appointed day, there
is in force in any Part B State any law corresponding to any of the
Acts or Ordinances now extended to that State, that law shall, save as
otherwise expressly provided in 1[this Act], stand repealed;
Provided that the repeal shall not affect:
(a) the previous operation of any law so repealed or anything duly
done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accured or
incurred under any law so reveled, or
(c) any penalty, forfeiture or punishment incurred in respect of any
offence committed against any law so repealed, or
(d) any investigation, legal proceeding or remedy in respect or any
such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be
instituted, continued or enforce, and any such penalty, forfeiture or
punishment may be imposed as if this Act had not been passed:
Provided further that subject to the preceding proviso, anything
done or any action taken (including any appointment or delegation
made, notification, order, instruction or direction issued, rule,
regulation, form, bye-law or scheme framed, certificate obtained,
1
Substituted by the Repealing and Amending Act, 1952 (XLVIII of 1952), s. 3, and Sch. II w.e.f. 2.8.1952, for ''the Act''.
Page | 40
patent, permit or licence granted or registration effected) under any
such law shall be deemed to have done or taken under the
corresponding provision of the Act or Ordinance as now extended to
that State, and shall continue to be in force accordingly, unless until
superseded by anything done or any action taken under the said Act
or Ordinance.
7. Power to remove difficulties: (1) If any difficulty arises in giving
effect in any Part B State to the provisions of any Act or Ordinance
now extended to that State, the Central Government may, by order
notified in the Official Gazette, make such provisions or give such
directions as appear to it to be necessary for the removal of the
difficulty. (2) In particular, and without prejudice to the generality of
the foregoing power, any such notified order may,:
(a) specify the corresponding authorities within the meaning of
section 5;
(b) provide for the transfer of any matter pending before any court,
tribunal or other authority, immediately before the appointed day, to
any corresponding court, tribunal or other authority for disposal;
(c) specify the areas or circumstances in which or the extent to which
or the conditions subject to which, anything done or any action taken
(including any of the matters specified in the second proviso to
section 6) under any law repealed by that section shall be recognized
or given effect to under the corresponding provision of the Act or
Ordinance as now extended,
[Published in Rajasthan Gazette Extraordinary Part IV-A, dated

13-8-1957 page 91.]
LAW AND JUDICIAL (A) DEPARTMENT NOTIFICATION
Notification No. F. 4 (10) L.J./A/57 dated 12.8.1957
The following Act of the Rajasthan State Legislature received the
assent of the President on the 29th day of July, 1957 and is published
for general information:
THE RAJASTHAN LAWS (EXTENSION) ACT, 1957
(Act No. 27 of 1957)
(Received the assent of the President on the 29th day of July, 1957)
Page | 41
An Act to provide for the extension of certain Rajasthan laws to
the Abu, Ajmer and Sunel areas.
Whereas, with a view to securing uniformity of laws in the State
of Rajasthan as formed by section 10 of the State Reorganisation Act,
1956 (Central Act 37 of 1956), it is expedient to provide for the
extension of certain Rajasthan laws as in force in the pre-
reorganisation State of Rajasthan to the Abu, Ajmer and Sunel areas
of the new State and for that purpose to make suitable modifications
in the said Rajasthan laws;
Be it enacted by the Rajasthan State Legislature in the Eighth Year
of the Republic of India as follows:
1. Short title and commencement.- (1) This Act may be called the
Rajasthan Laws (Extension) Act, 1957.
(2) It shall come into force on such date1 as the State Government
may, by notification in the Official Gazette, appoint in this behalf.
2. Definitions: In this Act and in the Rajasthan laws specified in the

Schedule, unless the subject or context otherwise requires:
(i) "Abu area" means the territory comprised in the Abu Road
taluka of Banaskantha District in the State of Bombay as it
existed immediately before the first day of November, 1956;
(ii) "Ajmer area" means the territory of the State of Ajmer as it
existed immediately before the first day of November, 1956;
(iii) "Pre-reorganisation" used with reference to the State of
Rajasthan, means the State of Rajasthan as it existed in
pursuance of the Covenant or under the Constitution
immediately before the first day of November, 1956;
(iv) "State" or "State of Rajasthan" means the State of Rajasthan as
formed by section 10 of the State Reorganisation Act, 1956
(Central Act 37 of 1956);
(v) "Sunel area" means the territory comprised in the Sunel toppa
of Bhanpura tehsil of Mandsaur District in the State of
Madhya Bharat as it existed immediately before the first day
of November, 1956.
1
Came into force w.e.f. vide Notification No. F. 4(10) LJ/A/57 dated 12.8.1957 ibid page 117.
Page | 42
3. Amendment and extension of certain Rajasthan laws.-Onand
from the date of this Act comes into force the Rajasthan laws
specified in the Schedule shall be amended in the manner and to
the extent specified in section 4 and the Schedule and shall as so
amended, extended to the whole of the State of Rajasthan
including the Abu, Ajmer and Sunel areas.
4. Modifications of general character in Rajasthan than laws

specified in the Schedule.-Throughout the Rajasthan laws
specified in the Schedule unless the subject or context otherwise
requires and save as is otherwise provided in this Act,:
(i) For the expression "Rajasthan Gazette" or jktLFkku jkt&i=
wherever occurring the words "Official Gazette"or ljdkjh jkt&i=
as the case may be, shall be substituted,
(ii) for the word "Rajasthan" or jktLFkku wherever occurring
otherwise than in the short title or in the expression "Rajasthan
Gazette"or jktLFkku jkt&i= the words "the State of Rajasthan"or
jktLFkku jkT;, as the case may be, shall be substituted, and
(iii) for the word "Government" wherever occurring, the words
"State Government" shall be substituted.
5. Reference to other laws: Any reference, in any of the Rajasthan

laws specified in the Schedule to a law which is not in force in the
Abu, Ajmer or Sunel area shall, in relation to any such area, be
construed as a reference to the corresponding law, if any, in force
therein.
6. Reference to authorities.- Any reference by whatever form of

words, in any law in force in the Abu, Ajmer or Sunel area to any
authority competent to exercise any powers or discharge any
functions in any such area shall, where a corresponding new
authority has been constituted by or under any of the Rajasthan
laws specified in the Schedule, have effect as if it were a reference
to the that new authority.
7. Repeal and saving.- Any law corresponding to the Rajasthan laws

specified in the Schedule in force in the Abu area or the Ajmer
Page | 43
area or the Sunel area immediately before the coming into force of
this Act shall stand repealed:
Provided that anything done or any action taken under any
such law shall be deemed to have been done or taken under the
corresponding provision of the relevant Rajasthan law specified in
the Schedule and shall continue to be in force accordingly.
8. Power to Remove difficulties.- If any difficulty arises in giving

effect in the Abu, Ajmer or Sunel area to the provisions of any of
the Rajasthan laws specified in the Schedule, the State Government
may, by order, notified in the Official Gazette, make such
provisions or give such directions as appear to it to be necessary
for the removal of the difficulty.
9. Interpretation: The provisions of the Rajasthan General Clauses

Act, 1955 (Rajasthan Act 8 of 1955) in force in the pre-
reorganisation State of Rajasthan shall, until that Act is extended to
the whole of the State and as far as may be, apply mutatis mutandis
to this Act and to the Rajasthan Laws specified in the Schedule.
SCHEDULE
26. The Indian Registration (Rajasthan Amendment) Act, 1953

(Rajasthan Act XVIII of 1953)
No specific amendment is made.
[Published in Rajasthan Gazette, Part IV-A, Extraordinary,
dated 9.12.1957, page 181.]
THE RAJASTHAN STATUTORY RULES AND ORDERS
(EXTENSION) ACT, 1957
Act No. 40 of 1957.
[Received the assent of the Governor on the 3rd day of December, 1957]
An Act to provide for the extension to the Abu, Ajmer and

Sunel areas of the new State of Rajasthan the rules regulations,
notifications, bye-laws and orders, made by a competent authority
Page | 44
of the pre-reorganisation State of Rajasthan under the Rajasthan
laws so far extended to the whole of the new State.
Be it enacted by the Rajasthan State Legislature in the Eighth Year
of the Republic of India as follows:
1. Short title.- This act may be called Rajasthan Statutory Rules

and Orders (Extension) Act, 1957.
2. Definitions: In this Act, unless the subject or context otherwise

requires, (i) "State" means the State of Rajasthan as formed by
section 10 of the States Reorganisation Act, 1956 (Central Act
37 of 1956); and
(ii) "Statutory" used with reference to a rule regulation,
notification, bye-law or order, means such rule, regulation,
notification, bye-law or order made by a competent authority of
the pre-reorganisation State of Rajasthan under any of the laws
of the pre-reorganisation State of Rajasthan specified in the
Schedule.
3. General Clauses Act to apply.-The provisions of the Rajasthan

General Clauses Act, 1955 (Rajasthan Act 8 of 1955) shall as
far as may be, apply mutatis mutandis to this Act.
4. Extension of Statutory rules etc..- All statutory rules,

regulations, notification, bye-laws and orders made by a
competent authority under any of the laws of the pre-
reorganisation State of Rajasthan specified in the Schedule shall
extend and apply to the whole of the new State unless they shall
have been previously so extended or applied and until they are
modified or superseded.
5. Construction of references.- In the rules, regulations,
notifications, by-laws and orders referred to in section 4 any
reference to a law which is not in force in any part of the State,
shall, in relation to such part, be construed as a reference to the
corresponding law, if any, in force in such part and, in the
absence of any corresponding law, be deemed to be omitted.
Page | 45
6. Rule of construction.- For the purpose of facilitating the
application of any rule, regulation, notification, bye-law or order
referred to in section 4, any court or other authority may
construed the same with such alterations, not affecting the
substances, as may be necessary or proper to adopt it to the
matter before the Court or other authority.
7. Power to make rules etc not to be affected: Nothing contained

in this Act, shall affect, the power of the State Government of
any officer or authority, exercisable under the enactments
specified in the Schedule, to add, to omitvary or rescind the
rules, regulations, notifications, bye-laws and orders extended
by section 4 to the whole of the new State.
8. Power to remove difficulty: If any difficulty arises in giving

effect, in any part of the new State, to the provisions of the
rules, regulations, notifications, by-laws and orders extended to
the whole of the new State by section 4, the State Government
may, by order notified in the Official Gazette, make such
provisions or give such directions as appear to it to be necessary
or expedient for the removal of the difficulty.
9. Supersession of previous rules etc.: Any rules, regulations,

notification, bye-laws and orders corresponding to those
extended and applied by section 4, if in force in the Abu, Ajmer
and Sunel areas, are hereby superseded and repealed.
Provided that anything done or any action taken under any
such rule, regulation, notification, by-laws or order shall be
deemed to have been done or taken under the corresponding
provision of the rules, regulation, notifications, by-laws and
orders extended and applied to the whole of the new State by
section 4 and shall continue to be in force accordingly unless
and until superseded.
10. Repeal: The Rajasthan Statutory Rules and Orders (Extension)

Ordinances, 1957 (Rajasthan ordinance 8 of 1957) is hereby
repealed.
Page | 46
THE SCHEDULE
(See section-4)
28. The Indian Registration (Rajasthan Amendment) Act, 1953 (Rajasthan Act XVIII of 1953).
FINANCE DEPARTMENT [TAX DIVISION]
NotificationNo. F. 2 (47) FD/Tax /09-04 dated 9.4.2010
In exercise of the powers conferred by section 78 of The Registration Act, 1908 (Central Act No. 16 of
1908) and in supersession of all previous Notifications issued in this behalf, the State Government hereby
prepare, approve and publish the following table of registration and other miscellaneous fees payable under the
said Act, with immediate effect, namely :
TABLE OF REGISTRATION AND OTHER MISCELLANEOUS FEES
S. Nature of Documents and Other Miscellaneous Fee
No. Functions (in rupees)
1. ARTICLE - I
In respect of all documents for which stamp duty is 1
[One percent of the market value or
payable on the value or consideration and for which consideration,whichever is higher.]
registration fees is not specifically provided in this
table.
2
[2. Release of ancestral property or part thereof is One percent subject to maximum of rupees 500/-.
made by or in favour of brother or sister (children
of renouncer's parents) or son or daughter or son of
predeceased son or daughter of a predeceased son
or father or mother or spouse of the renouncer or
the legal heirs of the above relatives.
Explanation-I : When the subject matter of the
document is capable of valuation the value must be
expressed before registration.
Explanation- II : The value or consideration shall
be deemed as being equal to the market value of the
property, except in case of lease for a period of less
than five year.
Explanation-III In the case of an instrument of
lease registration fee shall be calculated on the
amount on which stamp duty is payable.
3. In the case when lease is exempted from payment Rs. 100/-
of stamp duty.]
Explanation : The term “lease” used in this Article
includes a Patta or Kabuliyat not being a counter
part of a lease.
4. All counter parts of lease governed by article 23 of Rs. 50/-

the Rajasthan Stamp Act, 1998 (Act No. 14 of
1999).
5. The document to give collateral, auxiliary or Rs. 100/-
additional or substituted security or security by any
or further assurance where the principal or primary
mortgage is proved to the satisfaction of the
registering officer to have duly registered.
Explanation- In the case of a instrument of
partition the value of the separated share or shares
1
Substituted by Notification No. F. 4(3) FD/ Tax/2017-119 dated 08.03.2017.
2
Page | 47
on the basis of which stamp duty has been paid
may be taken as the value or consideration for the
purpose of determining the registration fee.
6. 1
An agreement to sell, mortgage etc. executed for a [One percent of the market value or consideration,
definite sum. whichever is higher.]
.
7. The actual conveyance, mortgage etc. executed in Rupees 500/-
pursuance of abovementioned agreement,
subsequently tendered for registration, provided
that the registration of the previous agreement has
been proved to the satisfaction of the registering
officer.
ARTICLE - II
1. A will Rs. 200/-
2. An authority to adopt or adoption deed. Rs. 200/-
3. A power of attorney not covered under Article I, Rs. 500/-
deed of divorce or certified copy of a decree or
order of court.
ARTICLE - III
1. A separate deed acknowledging receipt of payment Rs. 100/-
of consideration on account of another deed which
has been previously registered.
2. A document amending, modifying or correcting but Same as pay on the principal deed or document, if
not cancelling any previously registered document. such fee does not exceed Rs. 200/- and otherwise Rs.
200/-
ARTICLE – IV
1. Agreement of service or hire. Rs. 100/-
2. Counter parts or duplicates of instruments other Rs. 100/-

than leases.
3. Consent deeds not covered under Article-1. Rs. 300/-
4. Any other documents for which stamp duty is Rs. 300/-
payable without taking into account consideration
or value and which cannot be brought under any
other article of this Table.
5. Declaration of trade mark. Rs. 200/-
6. Award that is to say any decision in writing by an Rs. 300/-
arbitrator or umpire not being an award directing
partition on a reference made otherwise than by an
order of the Court in the course of a suit
7. Certificate of heirship. guardianship, administr- Rs. 200/-
atorship.
8. Dissolution of partnership. Rs. 300/-
ARTICLE - V
1. A document canceling any previously registered Rs. 200/-
document.
2. A surrender of lease without any consideration. Same as chargeable for the original document or
lease subject to maximum of Rs. 200/-
1
Page | 48
ARTICLE - VI
1. In case the document is registered by a Registrar. Rs. 200/- extra fee in addition to the ordinary
Explanation - The extra fee under this Article is registration fee.
neither payable on the registration of wills and
authorities to adopt, nor will it be levied in cases
where the Sub-Registrar owing to his being
interested in the transaction or to his being
unacquainted with the language in which the deed
is written or for any other sufficient reason, is
unable to register himself.
ARTICLE - VII
1. Copying the endorsement, copying/scanning the
document furnished for registration either by
computer or manual and site inspection for
verification of facts of documents,—
(i) if the subject matter of document is capable of
valuation and on which stamp duty is payable on
the market value:
(a) where the market value of the property does not Rs. 200/-
exceed Rs. 50,000/-
(b) where it exceeds, Rs. 50,000/- Rs. 300/-
(ii) In any other case Rs. 200/-
Note—When site inspection for verification of facts
of the documents is carried out by any person
authorized/licensed by the concerned D.I.G.
Registration, Rs. 100/- per document will be
admissible to such person according to guidelines
issued by the Inspector General.
2. Copying of the document related to immovable Twice or thrice etc., as the case may be, once for the
property situated in more districts than one and a original copying into the register, and again for
copy thereof has to be forwarded to other districts making the copy or copies for dispatch.
under section 65 or 66 of the Registration Act,
1908.
ARTICLE - VIII
1. Comparing printed copies of printed documents Rs. 10/- for each folio of fraction of a folio of 100
presented for registration. words.
2. Filing copies. Rs. 10/- for each copy
ARTICLE - IX
1. Copy of a memorandum to be sent under section Rs. 100/- for each copy.
64, 65 and 66 of the Registration Act, 1908,
Explanation : No fee shall be charged for
issuing of a memorandum under sub-section (1) of
section 66 of the Registration Act, 1908, in cases
where the Sub-Registrar owing to his being
interested in the transaction or to his being
unacquainted with the language in which the deed
is written or for any other sufficient reason is
unable to register himself.
ARTICLE - X
1. Filing a translation or transliteration in accordance Rs. 200/-
with section 62 of the Registration Act 1908.
ARTICLE – XI
Page | 49
1. Returning of a registered document by post. Rs. 100/-
ARTICLE - XII
1. Custody of a document which has remained Rs. 50/- subject to maximum of Rs. 200/-
unclaimed for one month from the dale on which it
was endorsed ‘registered’ or ‘registration’ refused.
2. Custody of a copy of document which has been Rs. 20/- subject to maximum of Rs. 100/-
presented for registration or registered when such a
copy has been prepared in a registration office on
the application of any person and has remained
unclaimed for one month from the date, the copy
was ready for delivery to the applicant.
Explanation I : The fee mentioned in clause (1)
and (2) above shall be chargeable for each month or
a portion of a month after the first month during
which the document or the copy as the case may be
remained unclaimed.
Explanation-II : The fee mentioned in clause (1)
and (2) may be remitted altogether at the discretion
of the Registrar, if any injustice or hardship is
involved in its payment.
ARTICLE - XIII
1. Attendance at a private residence or jail under
section 31, 33, or 38 or for the issue of a
commission under sec. 33 or 38 of the Registration
Act, 1908 :
(a) if the person is in jail. Rs. 50/- for each attendance

(b) if the person is physically unable to attend the Rs. 100/- for each attendance
office and a medical certificate to the effect is
produced or the old person above 70 year of age.
(c) Otherwise Rs. 1000/- for each attendance
Explanation-I : The fee realized by the Registering
Officer shall be shared between him and the
Government in the ratio of 1:3 in the case stated at
(b) above, and in that of 1:2 in the case stated at (c)
above, provided that the maximum taken by the
former does not exceed Rs. 500/- p.m. in both the
cases taken together. The entire amount in the cases
stated at (a) above shall be credited to the
Government Treasury.
Explanation-II: The whole amount of fee received
in the case of category (b) and (c) will be kept in
deposit and entered in a register. The distribution
will be made at the end of the month when the
share of the Government will be credited to the
Government revenue and that of registering officer
paid to him.
2. In case a nurse or female assistant is required to An additional fee of Rs. 100/-
accompany the registering officer or the
commissioner to take the thumb impression of a
pardanashin lady.
Page | 50
Explanation-I : In addition to the above fee,
travelling allowances for the officer and at the most
one accompanying peon shall be levied at the rates
prescribed by the Government for undertaking
official journey. For local journey one daily
allowance per document will be admissible, which
will be retained by the registering officer.
Explanation-II: The cost of a visitor or of a
Commission for the examination of a person
exempted from personal appearance under section
133 of the Code of Civil Procedure, 1908, shall be
paid by him, unless the party requiring his evidence
pay such costs. In other cases such cost shall be
paid by the party who applies for the visit of the
Commission.
Explanation-III : When an attendance takes place
under both section 31 and 38 of the Registration
Act, 1908 at the same time and place if the
registration of but one document is concerned, only
one attendance fee and one registration fee will be
levied. If a registering officer whom the registration
of one document is concerned, attends on the
presenter on one occasion and the executants or
another necessary witness on another occasion, two
attendance fees will be levied. If a registering
officer attends at a private residence or jail and one
person presents several documents or one person
admits or more persons than one admit the
execution of several documents jointly executed by
them all at one and the same time and place, only
one attendance fee will be levied, but the
registration fee will be levied in the case of each
document. Where several different persons at one
and the same time and place present for registration
or admit execution of several different documents
not jointly executed by them the registering officer
will levy one attendance fee for each district
transaction the registration fee being payable on all
such documents.
ARTICLE - XIV
1. Search made by a registering officer and an Rs. 50/- per year according to the age of the
inspection by any person. document.
ARTICLE - XV
1. Making or granting copies of reasons, entries and Rs. 100/-
documents for the benefit of any person or to be
forwarded to any other office under section 65 and
66 of the Registration Act, 1908.
Explanation-I : Servants of the Governments who
may require to inspect or search the registers for
bonafide public purposes are exempted from the
payment of fees.
Explanation-II : Copies of reasons for refusal
when granted by Sub-Registrars to persons
claiming under or executing documents are
exempted from fees (vide section 71 of the
Registration Act, 1908)
Page | 51
Explanation-III : Servants of the Government who
require copies of entries or documents for bonafide
public purposes are exempted from the payment of
fees.
ARTICLE - XVI
1. Granting copy of a map, provided the applicant Rs. 50/-
makes his own arrangements for the preparation of
such copy and bears the cost thereof.
Explanation : Servants of the Government who
require copies of maps for bonafide public purposes
are exempted from the payment of fees.
ARTICLE - XVII
1. Deposit or opening or withdrawal of sealed cover Rs. 100/-
containing a will.
Explanation : The expenses of copying the
contents according to the scale laid down in Article
VIII, shall be in addition.
ARTICLE – XVIII
1. Attestation of power of attorney. Rs. 500/-
ARTICLE - XIX
1. Applications which are required by law to be made Same as the fee payable under the Rajasthan Court
in writing to registering officers. fees and suit valuation Act, 1961 for applications to
revenue officers.
2. Processes issued by registering officer. Same as the fee required to be paid by the rules made
under the Rajasthan Court Fees and suit valuation
Act, 1961 for the issue of processes by Civil court.
3. Application made to a registering officer under Same as the fee required to be paid under the
section 57 of the Registration Act, 1908 for a copy Rajasthan Court fees and suit valuation Act, 1961 on
of an entry in any Book Nos. 1,2,3 and 4 or in application for copies, inspection and search.
Index No. I and II relating thereto, for the
inspection of any number of entries in Book No. 1
or 2 relating thereto and for a search to be made by
a registering officer of any number of entries in the
said books and indexes or in Book No. 3 or 4 or in
an index relating to these books, respectively.
Explanation : No court fee shall be charged
on an application made by a servant of the
Government for copies of entries or document or
for the inspection or search of the registers required
for a bonafide public purpose.
ARTICLE - XX
1. The fee leviable under Article I to X, and Article
XVI of the table for issue of copies shall not be
chargeable in respect of the following :
(a) Documents executed by, or in favour of

Government on which as such no stamp duty is
leviable under proviso (i) of section 3 of the
Rajasthan Stamp Act, 1998 (Act NO. 14 of 1999).
(b) Mortgage deeds executed by Government

servants in civil or military services for securing the
Page | 52
repayment of advances received from any
Government for the purpose of constructing,
repairing or purchasing dwelling houses for their
own use.
(c) Security bonds and bonds on account of
advances made for the purpose of obtaining
uniform executed in favour of any Government by
public servants of all classes and their sureties.
(d) Instruments of re-conveyance of mortgaged
property executed by any Government in favour of
an officer in civil. Or military services on the
payment of any advance received by him from such
Government, for the purpose of constructing,
repairing or purchasing a dwelling house for his
own use.
(e) Indentures of deeds creating trusts of movable
or immovable property in favour of the State
Government for a charitable purpose.
2. The following fees are refundable :
(a) All fees levied under this table in respect of a
document, the registration of which is refused,
except those under Article IX and X.
(b) Fees charged in excess of what is actually
chargeable at the authorised scales, if the
application for refund is made within one month.
(c) Fees for visits or commissions of application
for the visit or commission if withdrawn before the
visit is made or the commission is executed.
(d) Search or inspection fee, if search or
inspection is not made and application for refund of
search fee is made within (Thirty) 30 days from the
date of application for search or inspection.
(e) Fee for Copy, if the application for the copy
withdrawn before the work of preparing the copy is
taken up.
3. An application for refund shall be made to the
District Registrar, through the Sub-Registrar who
shall forward it with his remarks together with a
bill for refund prepared according to the Account
Rules.
4. The Registrar shall check the claim and if it appears
allowable shall pass an order for refund and shall
return the application with his order and the refund
bill with his counter signatures to the Sub Registrar
concerned.
5. The Sub Registrar shall than hand over the bill to
the person claiming the refund and direct him to
present it for payment to the Treasury and shall
make necessary entries in his account books.
Page | 53

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THE REGISTRATION ACT, 1908

1. Branch Inspector-General of Sindh: [Rep. by the G.O. I Orders 1937]

10. Absence of Registrar or vacancy in his office.-

43.Procedure on deposit of wills.- (1) On receiving such cover, the

48.Registered documents relating to property when to take effect

57. Registering officers to allow inspection of certain books and

(B) As to the procedure on admitting to registration

58. Particulars to be endorsed on documents admitted to

61.Endorsements and certificate to be copied and document

(C) Special duties of Sub-Registrar

64. Procedure where document relates to land in several sub-

69. Power of Inspector-General to superintend registration offices

86. Registering officer not liable for thing bonafide done or

Exemption from Act

90. Exemption of certain documents executed by or in favour or

An act to provide for the extension of certain laws to Part-B States. Be it

3. Extension and amendment of certain Acts and Ordinances.- The

[Published in Rajasthan Gazette Extraordinary Part IV-A, dated

2. Definitions: In this Act and in the Rajasthan laws specified in the

4. Modifications of general character in Rajasthan than laws

5. Reference to other laws: Any reference, in any of the Rajasthan

6. Reference to authorities.- Any reference by whatever form of

7. Repeal and saving.- Any law corresponding to the Rajasthan laws

8. Power to Remove difficulties.- If any difficulty arises in giving

9. Interpretation: The provisions of the Rajasthan General Clauses

26. The Indian Registration (Rajasthan Amendment) Act, 1953

An Act to provide for the extension to the Abu, Ajmer and

1. Short title.- This act may be called Rajasthan Statutory Rules

2. Definitions: In this Act, unless the subject or context otherwise

3. General Clauses Act to apply.-The provisions of the Rajasthan

4. Extension of Statutory rules etc..- All statutory rules,

7. Power to make rules etc not to be affected: Nothing contained

8. Power to remove difficulty: If any difficulty arises in giving

9. Supersession of previous rules etc.: Any rules, regulations,

10. Repeal: The Rajasthan Statutory Rules and Orders (Extension)

4. All counter parts of lease governed by article 23 of Rs. 50/-

2. Counter parts or duplicates of instruments other Rs. 100/-

(a) if the person is in jail. Rs. 50/- for each attendance

(a) Documents executed by, or in favour of

(b) Mortgage deeds executed by Government

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