The Rest of the Registration Act

In one line

Everything the Act says about where to go, who may present a document, what the officer must do, how wills are dealt with, what the books and indexes contain, and what happens when registration is refused.

Where a document is registered: sections 28 to 31

Section 28: land. A document affecting immovable property must be presented in the office of the Sub-Registrar in whose sub-district the whole or some portion of the property is situate.

Section 29: other documents. Everything else may be presented either in the office where it was executed, or in any other office where all the executing parties desire it to be registered.

Section 30: Registrars. A Registrar may, in his discretion, receive and register any document which might be registered by any Sub-Registrar subordinate to him.

Section 31: private residence. In extraordinary cases, a registering officer may attend at the private residence of a person desiring to present a document or deposit a will, and accept it there.

Who may present, and what the officer must check: sections 32 to 39

Section 32: who may present. Every document to be registered must be presented by some person executing or claiming under it, by his representative or assign, or by the agent of such a person duly authorised by a power of attorney executed and authenticated as section 33 requires.

Section 32A: photographs and finger prints. Every person presenting a document for registration must affix his passport-size photograph and finger prints to it, and, for a document relating to the transfer of ownership of immovable property, the photographs and finger prints of each buyer and seller must be affixed.

Section 33: powers of attorney. Only powers of attorney executed and authenticated in the manner the section prescribes are recognised for section 32, and the requirements differ according to where the principal resides.

Section 34: enquiry before registration. No document is to be registered unless the persons executing it, or their representatives, appear before the registering officer within the time allowed. The officer must enquire whether the document was executed by the persons appearing, satisfy himself of their identity, and examine their authority where they appear as representatives or agents.

Section 35: admission and denial. Where the persons appearing admit execution, and the officer is satisfied of identity, he shall register the document. Where any person denies execution, or is a minor, an idiot or a lunatic, or is dead and his representative denies execution, the officer shall refuse to register as to that person.

Sections 36 to 39 provide for summoning an executant or a witness who does not appear, the service of summonses, the exemption from personal appearance of certain persons, and the application of the law about summonses, commissions and witnesses.