The Act will be known as “The Registration Act, 1908”. Act extends to whole India except state of Jammu and Kashmir. Act will come into force on 1st day of January, 1909. For the purpose of the act, “addition means, place, residence, trade, rank, and title of person described and in case of Indian his fathers name, or his mothers name where he said to be mothers son”, “lease means counterpart, kabuliyat or undertaking to cultivate or occupy an agreement to lease”.
Inspector General is appointed by State Government for purpose of Registration to such area assigned by government; such Inspector can hold more office at a time. To easy down the work government will form area as districts and sub-districts to such area they can alter, insert or change the limits of such area, and for this area they appoint people to be Registrar for districts and sub-registrar for sub-district and for all this government will ask this officer to form a good Registration office.
Property which is to be executed in district where it is situated, then documents which required are if instrument as gift of immovable property, if it is non-testamentary document which purport or create, declare, or assign whether in present or in future any right, title or interest of value one hundred rupees or more than that to or in immovable, lease of immovable property from year to year or reserve ring yearly rent. Documents which are in language which is not known to officer or which is not used usually in that district then he may refuse that document unless he get done proper translation of such language which is known to him or to commonly used language in that district.
Registration of immovable property should be done in such place or in such office of sub-registrar of that sub-district where that properties part or portion in suited. Registration of every document is dependable that is it depends on nature of property certain case it is compulsory and in certain it is optional and it is compulsory to be registered at proper office by person holds copy or order of claiming, or any such appointed person, or its agent who has been given authority by way of power of attorney. Any such document presented by himself, agent, representative cannot be registered if not brought before registrar in said period or within time prescribe for presenting document and such documents can be registered by officer in prescribe manner given in act and such officer shall appoint an examiner within whose examination registration. In any case if execution is repudiated, or person appearing is below eighteen years (minor), manic, insane or before appearing such person renounced the word (dead) then such document is refused to be registered by officer.
Person whose consent or witness for registration of document is necessary while execution then such person is called or asked to come or is ordered by court in way of summons to be present by himself or by way of any agent in his behalf while execution of that property is done.
Any testator, executor or donor or any donee after death, or adoptive son, or any such given authority can present will before sub registrar or Registrar for registration. Any registered document will be operative once such document is been registered if document not registered then no time as such is required to be operative, then in such case it is considered as oral agreement which will be operative once you give delivery of such property to that person to whom you agreed to.
Structure of fees is prepared in one table which is notified in gazette by government in local language of that district or commonly used language of that district, for several purpose like for registration, to search register, for issuing of commission, for filing translation etc for all such different matters fees is been structured. In any manner if any person purposely produce wrong document, intentionally give different copies, or purposely produce wrong translation for asked document or do any sort of abetment before officer then such person is punished with imprisonment for seven years or fine or both. Officer appointed for purpose of act is considered to be public servant as per meaning given in Indian Penal Code and thus as and when asked by court appointed officer should provide information regarding to registration if such information is required to be or is useful for any suit or legal proceeding. Hence, any act which is done in good faith or for public good by officer then no suit or legal proceeding shall lie against such act done by officer.
by Samata. H. Joshi.