Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed.
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.
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.
After section 87 of the Indian Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal Act), the following new section shall be inserted, namely:--
The State Government may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated.”
[Vide Orissa Act 7 of 1964, s. 2]
(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 a 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 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.]
(1. Subs. by Act 39 of 1948, s. 5, for section 88.)
(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 his 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.
(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 or 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.
After section 89 of the principal Act, the following section shall be inserted namely:-
(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the furnishing of true copies of documents by the person presenting the documents for registration;
(b) the manner in which true copies of documents shall be prepared; and
(c) the manner of filing of such copies.
(3) All rules made under this section shall be published in the Official Gazette, and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
[Vide Karnataka Act 55 of 1976, s. 20]
In section 89 of the principal Act, -
(a) sub-section (1) and (3) shall be omitted.
(b) after sub-section (4), the following sub-sections shall be inserted, namely:-
“(5) Every court passing
(a) any decree or order creating, declaring, transferring, limiting or extinguishing and right, title or interest to or in immovable property in favour of or of any person, or
(b) an order for the attachment of immovable property or of the release of any immovable property from attachment, Shall send a copy of such decree or order together with a memorandum describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order is situate, and such officer shall file the copy and memorandum in his Book No. 1.
(6) Every officer issuing a written demand before the attachment of the immovable property of a defaulter under the Revenue Recovery Act of the time being in force shall
(a) send a copy of such written demand together with a memorandum describing the property, as far as may be practicable in the manner required by section 21; and
(b) where such written demand is withdrawn or attachment of the property is lifted or the property is sold and the sale is confirmed, send a memorandum indicating that fact and describing the property, as far as may be practicable in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any party of the immovable property to which the written demand relates is situate and such registering officer shall fiel the copy of the written demand and the memoranda I his Book No. 1.”
[Vide Kerala Act 7 of 1968, s. 17]
After section 89 of the principal Act, the following section shall be inserted, namely:-
(1) The State Government may make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the manner in which true copies of documents shall be prepared; and
(b) the manner of filing such copies.
(3) All rules made under this section shall be published in the Official Gazette and unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published.
(4) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that rule should not be made, the rule thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule."
[Vide kerala Act 7 of 1968, s. 18]
After section 89 of the Indian Registration Act, 1908 (16 of 1908), the following new section shall be inserted, namely:—
(1) It shall be the duty of the Collector, if he is satisfied during the proceedings, if any, under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) that the fees for registration paid under this Act in respect of a document is in deficit, to determine in the course of such proceedings the deficient amount of fees and to send a copy of the order made in the proceedings to the registering officer for recovery of the said amount from the person liable to pay the deficient amount of stamp duty under the said section; and all amounts recoverable as aforesaid may be recovered as arrears of land revenue.
(2) An order of the Collector under sub-section (1) shall be deemed to be an order made by the Collector under section 47-A of the Indian Stamp Act, 1899 (2 of 1899) and shall be final subject to the decision in appeal, if any, under sub-section (3) of the said section.
[Vide Orissa Act 17 of 1966, s. 2]
In the principal Act, after section 89-A, the following section shall be inserted, namely:—
(1) The State Government may, by notification in the official Gazette, make rules for all purposes connected with the filing of true copies of documents in the appropriate books under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for,—
(a) the furnishing of true copies of documents by the person presenting the documents for registration;
(b) the furnishing of true copies of documents by the person presenting the documents for registration;
(c) the manner of filing such copies.”.
[Vide Orissa Act 14 of 1989, s. 15]
In Section 89-A of the principal Act, in Sub-section (1), for the words "and to send a copy of the order made in the proceedings to the registering officer for the recovery of the said amount", the words "and to recover the said amount of fees along with the deficient amount of stamp duty" shall be substituted.
[Vide Orissa Act 8 of 2002, s. 8]
Sub-section (1), (2), (3) and (4) of section 89 of the Principal Act shall be substituted as follows; namely:-
“(1) Every officer granting a loan under the Land Improvement Loans Act, 1883 (XIX 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 the land to be granted as collated security, is situat
(2) Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (V 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 immoveable property, comprised in such certificate, is situate and such officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.e, and such registering officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.
(3) Every officer granting a loan under the Agriculturists Loans Act, 1884 (XII 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 the order, to the registering officer within the local limits of whose jurisdiction, the whole or any part of the property mortgaged is situate and such registering officer shall take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.
(4) Every Revenue Officer granting a certificate of sale to the purchase 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 take a similar action on it as taken on a document admitted to registration under sub-section (1) of section 61.”
[Vide Uttarakhand Act 24 of 2019, s. 24]
In section 89 of the principal Act, after subsection (4), the following sub-section shall be added, namely:-
"(5) Every Bank granting a loan to an agriculturist 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 the 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.
Explanation.- F or the purpose 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 and Transfer of Undertaking) Act, 1970;
(y) 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
(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 (Rajasthan Act 3 of 1955).
[Vide Rajasthan Act 16 of 1976, s. 5]
In the principal Act, aftersection 89, the following sectionsshall be inserted, namely:-
Every court passing,--
(a) any decree or order creating, declaring, transferring, limiting or extinguishing any right, title or interest to or in immovable property in favour of any person, or
(b) an order to interim attachment or attachment of immovable property or for the release of any immovable property from such attachment shall, in accordance with the rules made in this behalf, shall send a copy of such decree or order together with a memorandum describing the property as far as may be practicable, in the manner required by section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property comprised in such decree or order, is situated, and such officer shall file the copy of the memorandum in his Book No 1:
Provided that, where the immovable property is situated within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses (a) and (b) of this sub-section shall be followed in respect of the property within the jurisdiction of each ofsuch officer.
(2) Every officer issuing a certificate of sale or a written demand before the attachment of the immovable property of a defaulter under the provisions of any law relating to Revenue Recovery for the time beinginforce includingtheRevenue Recovery Act, 1890, shall,-
(a) send a copy of such certificate of sale or written demand together with a memorandum describing the property, as far as may be practicable, in the manner required by section 21;
(b) where such written demand is withdrawn or attachment of property is lifted or the property sold and sale is confirmed, send a memorandum indicating that fact and describing that property, as far as may be practicable, in the manner required section 21, to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the immovable property to which the written demand is situate, and such registering officer shall file a copy of the written demand and memorandum in his Book No 1:
Provided that, where the immovable property is situate within the local limits of the jurisdiction of more than one Registering Officer, the procedure specified in clauses(a) and (b) ofthissub-section shall be followed in respect of the property within the jurisdiction of each of such officers.
(l) Every person who has mortgaged immovable property by way of mortgage by depositing title deeds under clause (f) of section 58 of the Transfer of Property Act, 1882 (4 of 1882) shall, within 30 days from the date of mortgaged, file a notice of intimation of his having so mortgaged the property giving details of his name and address, name and address of mortgagee, date of mortgage, amount received under the mortgage, rate of interest payable, list of documents deposited, and description of the immovable property in the manner required by section 21, to the registering officer within the local limits of whose jurisdiction the whole or any part of the property is situated, and the said officer shall file the same in his cook No 1:
Provided that if the property so mortgaged falls within the jurisdiction of more than one registering officer, the procedure specified in this sub-section shall be followed in respect of property within the jurisdiction of each of sum officers.
(2)If,thepersonwhohasmortgaged thepropertyas aforesaid failstofileanoticewithin 30days asreferred to in sub-section (1) before the registering officer or officers, as the case may be and enters into any transaction in relation to of affecting the immovable property which is subject matter of the mortgage, with a third party, such a transaction shall be void and the third party shall be entitled to refund any amount paid by himtogether with interest at twelve per cent. from the date of payment and also to compensation for any damages suffered by him, from the transferor.
(3) The amount recoverable by such transferee asspecified in sub-section (2) shall be a charge on the interest of the mortgagor, in the mortgaged property:
Provided that, nothing in this section shall apply to the instruments of agreement relating to mortgage by deposit of titledeedswhich aredulyregistered under the provisionsof this Act.
Any person who fails to file a notice under section 89B to the registering officer along with fees, within the period specified inthatsection,shall be punished with imprisonment for a term which shall not be less than one years but which may be for a termwhichmaybeextend uptothreeyears and shall also be liable to fine.
(1) The State Government in any, by notification in the Official Gazette, make rules for carrying out the purposes of section 89A and section 89B.
(2) In particular and without prejudice to the generality ofthe foregoing powers, such rules may provide for,-
(a) the manner in which notices or the copies of documents shall be prepared, and
(b) the manner of filing of the notices or true copies.
(3) All rules made under this section shall, be laid for not less than thirty days before the State Legislature assoon as possible after they are made and shall be subject to rescission bytheStateLegislature orto such modifications asthe Strife Legislature may make, during the session in which they are so laid or the session immediatelyfollowing.
(4) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette and shall thereupon take effect.
[Vide Gujarat Act 4 of 2020, s. 7]
(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 or 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 (Bomb. 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.
1 [(1)] Subject to such rules and the previous payment of such fees as the 2 [ 3 [State 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.
4 [(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.]
(1. Section 91 renumbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and Schedule.)
(2. Subs. by the A.O. 1950, for “Provincial Government”.)
(3. Subs., ibid., for “State Government prescribes in this behalf”.)
(4. Ins. by Act 20 of 1983, s. 2 and Schedule (w.e.f. 15-3-1984).
After section 91 of the principal Act, the following new section shall be inserted, namely:-
91-A. (1) The State Government may, by notification in the Official Gazette, make rules for all purposes connected with the pasting of true copies of documents in the appropriate Books under this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for—
(a) the furnishing of true copies of documents by the person presenting the document for registration;
(b) the manner in which true copies of documents shall be prepared;
(c) the manner in which the true copies of documents shall be compared with the original documents after the same are admitted to registration ; and
(d) the manner of pasting such copies.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Legislative Assembly of Tripura, while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session in which it is so laid or the successive sessions in which it is so laid or the successive sessions aforesaid, the Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be or no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
[Vide Tripura Act 7 of 1982, s. 16]
92. [Burmese registration-rules confirmed] Rep. by the Government of India (Adaptation of Indian Laws) Order, 1937.
93. [Repeals] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Schedule.
