Documents of which Registration is not compulsory

1. Introduction

All sorts of documents are not compulsorily registreable under the Registration Act there are documents on which registration is at the option of the party. The non-registration of such documents does not affect the validity or admissibility in the evidence. In other words, Registration Act has provided concepts of compulsory registration and optional registration of documents. In this Act, different documents have been mentioned; some of them are those documents of which registration is compulsory, and some documents are those documents of which registration is not compulsory.

2. Relevant Provisions

Section 18 the Registration Act 1908 deals with the optional registerable documents.

3. Meaning of Documents

An instrument on which is recorded, by means of letters, figures or marks, the original, or legal form of something which may be evidentially used.

4. Meaning of Registration

The term registration means enforcement of document of immovable property under the Government stamp.

5. Object of Registration

The main object of the registration is the maintenance of the collection of the land revenue or to give the security to the person concerned.

6. Documents of Which Registration is not compulsory

Following are those documents of which registration is not compulsory;

(i) Deed of Adoption

A deed of adoption does not require registration. This is because it is not deed, but the adoption itself, that created the status of adopted son and confers an interest in property.

(ii) Instruments, which relate to share in Joint Stock Company

Those instruments do not require compulsory registration when such instruments relate to shares in Joint Stock Company.

(iii) Debenture, which is issued by Joint Stock Company

Debenture does not require compulsory registration when Joint stock C9ompany issues such debenture.

(iv) Endorsement upon or Transfer of Debenture, which is issued by Joint Stock Company

Any endorsement upon or transfer of any debenture does not require compulsory registration, when Joint Stock Company issues such debenture.

(v) Document value of Hundred Rupees

Any document does not require compulsory registration when such document does not create, declare, assign, limit or extinguish any right, title or interest of value of one hundred rupees and upwards to or in immoveable property, but merely creates a right to obtain another document which creates, declares, assigns, limits or extinguishes any such right, title or interest thought its execution.

(vi) Document of past transaction

Document evidencing merely a record of past transaction and not containing terms of contract or bargain operating in praesenti would qualify as a mere memorandum and does not require registration.

(vii) Decree or order of Court

Any decree or order of court does not require compulsory registration when such decree or order is not made on compromise and does not comprise immoveable property, which is other than that property, which is subject-matter of suit or proceeding.

(viii) Instrument of Collateral Security

Instrument of collateral security does not require compulsory registration when such instrument is granted under Land Improvement Loans Act.

(ix) Power of Attorney

A power of attorney is not one of those documents enumerated by section 17 of the Act which are compulsorily register able. However it can be registered under section 18 of the Act.

(x) Agreement to Sell

A mere agreement to sell does not require registration by reason only of the fact that such document contains a recital of the payment of an earnest money or of the whole or any part of the purchase money.

(xi) Agreement of Mortgage

An agreement by a debtor to execute a mortgage of his immovable property to his creditor does not by itself create an interest in the immovable property but merely creates a right to obtain a deed of mortgage from the debtor. Hence does not require registration, but it may be registered at the option of one party.

(xii) Instrument of Partition

Any instrument of partition does not require compulsory registration when such instrument is made by a revenue-officer.

(xiii) Certificate of Sale

Any certificate of sale does not require compulsory registration when such certificate is granted to purchaser of any property, which is sold by public auction by civil or revenue officer.

(xiv) Counterpart of Lease

Any counterpart of lease does not require compulsory registration, when lease, which corresponds to such counterpart, has itself been registered.

(xv) Promissory Note

A promissory note is not required to be compulsorily registered. However, it can be registered under this section.

Conclusion

To conclude, it can be stated that registration Act has provided provisions for registration of some documents. It is not only through such provisions, but it is also through precedents that it is decided whether a document is register able of not. The reason is that provisions of Registration act about registration of documents are not exhaustive ones. Therefore, guidance is sometimes, taken from precedents as far as registration of documents is concerned.

Tweet