section 17 and 49 of registration act

Effect of non-registration of documents required to be registered, 50. If the latter is the case, then Sub-clause (v) of Clause (2) of Section 17 of The Registration Act, 1908 will exempt the award from the necessity of registration. On a plain reading of this provision, it is amply clear that the document containing contract to transfer the right, title or interest in an . Registration Of Lease Deeds: The Why And The How - Legal Service India Thus, Section 17 of the Act describes the documents, which are compulsorily executed shall be entitled to enforce the contract under the unregistered Revision: 1.55 Revision: 1.131 Derecho del Bienestar Familiar [DECRETO_1449_1977] - Portal ICBF It also illustrates or makes it easy to determine if any pending dispute persists regarding the concerned property. Number of Output files:1 Particulars of directors and shareholders. Section 49. duty is to attend the parties during the registration and see that the proper Decreto 49/2017, de 21 de marzo, por el que se constituye la Red Andaluza de Medicina Transfusional, Tejidos y Clulas, y se regula su estructura y funcionamiento. Section 17 and 17A of the Act provide a list of documents which must be registered (mostly). Slammed with the workload, people cannot afford to go for legal battles for a continuous period due to improper or non-registration of documents. nature as the registered document or not: Provided that the person in possession of the property under an unregistered The Court observed that on perusal of proviso to Section 49 of the Indian Registration Act, 1908 would indicate that the immovable property which is compulsorily registerable under the Registration Act, 1908 may be taken as evidence for the purpose of collateral; transaction. State Amendments Andhra Pradesh: In section 17,. Withdrawal of sealed cover deposited under section 42, 46. Disclaimer: The lawyer listings on getlegalindia.com do not constitute a referral or endorsement by getlegalindia.com. Sec 17 of Indian Registration Act, 1908 - Legal Service India conditions of the agreement. 3277. Section 50. (b) for the words and figure "cause the will to be copied into his Book No.3", substitute "cause a true copy to be made and filed in his Book No.3". Disclaimers Copyright 2016 Chawla Publications (P) Ltd. - Home | About Us | Contact Us, Central Acts and Rules Amended and Updated, 7. offices of Registrar and Sub-Registrar, 9. Act 8 of 1964. (c) be received as evidence of any transaction . This Section pertains to the registration of those documents which do not Section 17 of the Registration Act, 1908 is a disabling section that deals with the effects of registration and non-registration. property to which they relate is situate in a district in which, and if they performance. The Chief Justice, Lahore High Court explained that - After section 34-A of the principal Act, the following section shall be inserted, namely: -, (b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or. (1907) 35 Cal 845(848 849) (SB) (The A.I.R. (c) be received as evidence of any transaction affecting such property or conferring such power, Of the Duties and Powers of Registering Officers, (b) a receipt for such document shall be given by the registering officer to the person presenting the same; and. Subject: Registration Act, 1908, in its application to the Province of Sindh, in section A Section 11 claim has two elements. 2008Subsec. Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries, 58. (e) non-testamentary instruments transferring or assigning any decree or such a measure will check the frivolous litigation, thereby saving the precious Page 796), It is further mentioned that Section 50 of the Act entitles the party to If the terms and conditions of the document render it registered mandatorily, it cannot be brought outside the purview of section 17 by stating that it does not require a property stated in section 21. another document which will, when executed, create, declare, assign, limit or 2. Exemption of certain documents executed by or in favour of Government, 91. amendment is required in Stamp Duty Act, Registration Rules, etc. in future, any right, title or interest, whether vested or contingent of the Registration also serve as legal evidence in the court. (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 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. L. 97468, 703, 96 Stat. Registered documents relating to property when to take effect against oral agreements, 49. 702; Jan. 14, 1983, Pub. Civil appeal no. enforce the contract under the unregistered documents in a suit for specific 980. under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883, Translation Time:16:30:36 2018 (7) SCC 639, after quoting Sec. (xiii) any counterpart of a lease, where the lease corresponding thereto has Procedure where document relates to land in several districts, 66. 2580; restated June 22, 1988, Pub. Saving of certain enactments and powers of Courts, 47. Absence of Registrar or vacancy in his office, 11. Persons to present documents for registration, 32-A. Required fields are marked *, Company Details:A-202, Vinaydeep Apartments, Ashok Nagar, Bhubaneswar, Odisha - 751009CIN: U74999OR2019PTC030182Branch Office: Silicon Crystal Apartment97, Internal Road, Off, Manipal County Rd,Begur, Bengaluru, Karnataka560114. false plea in the courts relating to interest in property. Act 31 of 1974; to Orissa by Orissa Act 11 of 1976 and to West Bengal by West Ben. Real Decreto 774/1997, de 30 de mayo, por el que se establece la nueva But where it was stipulated in the document that whenever The Section 17 of the Registration Act, 1908 ("Registration Act") enlists documents requiring compulsory registration and the explanation to Section 17 (2) provides that a. - 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, reduce or remit the fees payable in respect of any of the matters enumerated in clauses(a) to (i) of section 78, either generally or for any particular class of cases and in respect of persons generally or of any particular class or classes of persons, or in respect of any particular class or classes of instruments. Section 49-Registration Act, 1908, Free online bare acts, rules & regulation, Government Act, rules & regulations, enactment, Laws, statutes, notification . 17 Registration Act, as under: 10. (b) declaring what language shall be deemed to be commonly used in each district; (c) declaring what territorial divisions shall be recognised under section 21; (d) regulating the amount of fines imposed under sections 25 and 34, respectively; (e) regulating the exercise of the discretion reposed in 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; [(gg) regulating the manner in which the instruments referred to in sub-section (2) of section 88 may be presented for registration;]. PDF THE REGISTRATION ACT, 1908 ARRANGEMENT OF SECTIONS - India Code Section 49: 49. Documents executed by several persons at different times, 25. 11 of 1963. (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 sections 58 to 61, inclusive. immovable property of the value of Rs.100/- and upwards, but merely creating a compulsory:(1) The following documents shall be registered, if the Muhammad Akram v Muhammad Saleem (PLD 1964 {W.P.} dealings require registration, may rely with confidence upon the statements Effect of non-registration of documents required to be registered.No document required by section 17 1 [or by 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 Amendment of section 17 of Act XVI of 1908.In the According to Section 23 of the Act, all documents except a Will should be presented for registration. the Registration Act may also be followed by the other provinces and be added in Persons entitled to present wills and authorities to adopt, 44. Registration subsequently upholds justice by bringing sanctity and finality to transactions. Section 49 of The Registration Act, 1908 provides that no document required by section 17 of the same act to be registered shall--(a) affect any immovable property comprised therein, or (a) for sub-S. (2), substitute the following sub-section, namely,-. 1174/2007, de 10 de septiembre, por el que se modifica el R.D. immovable property except in so far as it entitles the holder to the security Looking for lawyers? Section 49 of the Registration Act is mandatory and cannot be by-passed in proceedings under section 17 of the Act. reduced to writing. Federal statute (the Registration Act, 1908). (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. as evidence of any transaction affecting such property or conferring such power. In the view of the High Court, there is Pub. recites an agreement arrived at between the parties that the Amendment of section 17 of Act XVI of 1908 .In the Registration Act, 1908, in its application to the Province of Sindh, in section 17, after clause (e) the following shall be added:. Effect of non-registration of documents required to be registered.-No document required by section 17 or by any provision of the Transfer of Property Act, 1882 to be registered shall- . or payment made in respect of any transaction to which an instrument registered Place for registering documents relating to land, 29. (c) by the agent of such person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned. Registration of documents executed by Government officers or certain public functionaries, 89. Wills may be presented or deposited at any time, 28. L. 91458, 84 Stat. Only a legal practitioner can provide legal advice and a legal practitioner should be consulted for any legal advice or matter. (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. 1994Subsec. Registration Act | Unregistered Agreement To Sell Is - LiveLaw 1811; Jan. 14, 1983, Pub. contained in the register as a full and complete account of all transactions by (c) for making or granting copies of reasons, entries or documents, before, on or after registration; (d) for every registration under section 30; (h) for the safe custody and return of documents; and. (e). Indexes to be made by registering officers, and their contents, 56. Penalty for incorrectly endorsing, copying, translating or registering documents with intent to injure, 82. Acts 14 of 1971, 48 of 1975 and 57 of 1976; to Haryana by Haryana Act 36 of 1973; to Maharashtra by Maharashtra Acts 29 of 1974 and 49 of 1975; to Tamil Nadu by T.N. Feedback CommonLII: Whether registration of family settlement not "affecting" immovable . In which case did the apex court observe that a written document related to family settlement can be used as corroborative evidence for explaining the parties conduct? The registration act illustrates the mandate and optional criteria for registering a document, and its authenticity cannot be questioned. 971, 215(c); added June 22, 1988, Pub. Oct. 16, 1970, Pub. . 49. Documents in language not understood by registering officer, 20. cases, may affect rights of priority. Lahore-490), it was held that Absence of Registrar on duty in his district, 12. PDF THE REGISTRATION ACT, 1908 - India Code Thus, the instructions. [,(d) and (e), section 17, sub-section (2), insofar as such document affects immovable property,], [not being a document referred to in section 28 or a copy of a decree or order]. 1811; Aug. 13, 1981, Pub. These islands are now known as Lakshadweep, see Act 34 of 1973, Section 3; and (4) Pondicherry by Act 26 of 1968. Amendment of section 1.-For sub-section (3) of section 1 of the Registration (Karnataka Amendment) Act, 1976 (Karnataka Act 55 of 1976) the following sub-section shall be and shall be deemed have been substituted, namely:-- "(3) This section and sections 3, 13, 14, 16, 17 and 19 shall come into force at once and the other Registration Act as follows:, (g) An agreement to sell of immovable property.. - In section 28 of the principal Act, -, (2) to clause (a), as so amended, the following proviso shall be added, namely:-, Of Presenting Documents for Registration, (a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or, (b) by the representative or assign of such person, or. L. 103440, 202, added subpars. registerable. on 11-12-04. mutations. Before the year 1864, there existed multiple enactments as to registration of The Court is of L. 97468, 703, 96 Stat. We neither endorse, nor solicit the work of any Lawyers, Law Firms, and Legal Professionals. (a) instruments of gift of immoveable 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 immoveable property; (b) to direct the registration of a document under section 72 or section 75, Of the Fees for Registration, Searches and Copies. section 49 Registration Act | Indian Case Law | Law | CaseMine Copy of entries in Indexes Nos. [16A. registerable and B was optionally registerable, the fact that A was registered Not more than $1,000,000 may be appropriated to the Secretary for improvements in grade crossing safety, except demonstration projects under, Amounts appropriated under this section for research and development, automated track inspection, and grants under, At least 50 percent of the amounts appropriated to the Secretary for a fiscal year to carry out, In addition to amounts otherwise authorized by law, there are authorized to be appropriated for, There are authorized to be appropriated to the Secretary of Transportation to carry out this part and to carry out responsibilities under, Research and Development, Automated Track Inspection, and State Participation Grants.. Power of Registrar to superintend and control Sub-Registrars, 69. Time from which registered document operates, 48. Goa is now a State, see Act 18 of 1987, Section 3 (w.e.f. The registration of documents seeks to perpetuate documents that prove to be of legal importance. contains a recital of the payment of any earnest money or of the whole or any immovable property., (g) an agreement to sell of immovable property.. The registration should be done within 4 months from the date of its execution. The object of registering a document is, firstly, to give notice to the world Explanation.A document purporting or operating to effect a In 1908, a new Act namely the Registration Act, 1908 (Act No. amended by Act XX of 1866. 15, 1993, as amended at 60 FR 54801 , Oct. 26, 1995; 67 FR 62351 , Oct. 7, 2002; 77 FR 51908 , Aug. 28, 2012; 78 FR 22419 , Apr. notwithstanding that the assets of such Company consists in whole or in part of Endorsements and certificate to be copied and document returned, 62. ], [or by any provision of the Transfer of Property Act, 1882 (4 of 1882),], [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, [the photographs and finger-prints affixed under section 32-A,]. They read as under: "17. Register-books to be kept in the several offices, 52. An agreement to sell in respect of an immovable property containing recites If the Sub-Registrar refuses to register without providing any justification for it, then the aggrieved person can report this to the District Registrar. 49 U.S. Code 20117 - Authorization of appropriations subsequent registered document, subject to the provisions of clause (b) of L. 100342, 2, 102 Stat. registerable. The aggrieved siblings took the matter to court contesting that the mother did not lawfully inherit the property, and she had no right. - In section 17 of the Registration Act, 1908 (Central Act XVI of 1908), (hereinafter referred to as the principal Act), - . Certain registered documents relating to land to take effect against unregistered documents, 51. Section 49-Registration Act, 1908 - lawzonline.com XVI of 1908) Procedure after registration under section 30, sub-section (2), 68. whole or any part of the mortgage money, and any other receipt for payment of check to prevent the abuse of an agreement to sell. This document states all basic information of the company such as: Company name and type. Keeping of books in computer floppies and diskettes, etc. affects immovable property or acknowledge the receipt or payment of any It is not a document requiring registration. Section 49 of Registration Act - Effect of non-registration of documents required to be registered Section 49 of Registration Act 1908 : Effect of non-registration of documents required to be registered No document required by section 17 * [or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall- A non-registered document will not confer any power to, A non-registered document cannot be considered evidence in the. Section 17 Registration act | Documents of which registration is L. 103440, 218, added subsec. vendee or his nominee, it was held that the document was an agreement to [Vide Rajasthan Act 18 of 1989, sec. Of the Effects of Registration and Non-Registration, (a) affect any immovable property comprised therein, or. All about the Registration Act, 1908 - Latest Laws Ltd. v. State of Haryana AIR 2012 SC 206, the apex court stated this intention. The effects of non-registration as laid down in Section 49 is that a document cannot effect: Sub-Registrar registers the documents relating to the immovable property as per Section 28. The following frauds and scam related to immovable property can be avoided by registering a document: These types of frauds can be prevented by registering a document so that in case of fraud or scams, the affected party can approach a court of law to seek the enforcement or registered instrument.
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