An important aspect of execution of documents lies in their
registration wherever applicable. Commonly, it is assumed to be a
direct corollary/ consequence of stamping of documents; however it
can broadly be treated as an extension and not a direct consequence
since all documents do not require registration but documents that
are to be registered need to be stamped.
Land is a critical component in any infrastructure project and
hence various important legal issues like land acquisition,
mortgages, other security documents and other related matters come
into question. As most documents pertaining to immovable property
need to be registered in accordance with the Registration Act, 1908
(Act) which came into force on 1 January 1909, an understanding of
this statue too becomes necessary specially for successful
implementation of immovable property transactions and
The object and the purpose of this Act is to provide for,
amongst other things, a method of public registration of the
documents. A document once registered becomes a public document
since it comes within public domain. The process of registration
provides information to people regarding legal rights and
obligations arising or affecting a property and perpetuating
documents. This (process) thus assists in checking fraud and
The Act enumerates the time, place and manner of registration as
also the charges payable to the State for the process. Thus, it is
another agency through which revenues are generated for the State.
Normally, if there is nothing in the deed to indicate on what date
it has to come into operation, then it becomes effective from the
date of its execution as distinguished from the date of its
registration. In other words, if a document is subsequently
registered, the document takes effect retrospectively from the date
of its execution. Nonetheless, this broad ratio needs to be
carefully considered and applied whilst carrying out a due
diligence or impact of a document. Preservation of documents is an
integral part of the registration system and in fact the system
doubles up as an important tool for the preservation of the
The State Government is to provide for a fire proof box for the
office of every registrar and also make suitable provisions in each
district for the safe custody of records connected with
registrations in any district. Post an amendment in 2001, the
prescribed books may also be kept in computer diskettes, floppies
or any other electric form with the sanction of the State
Government provided the prescribed safeguards are met.
Akin to the stamp acts, different States have different rates of
charges for registration. Similarly, the Government remits in full
or part charges payable on registration to promote certain types of
industries/transactions, or to support certain sections of
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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