AP Registration Act

8/13/2019 AP Registration Act

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THE REGISTRATION ACT, 1908[Act No. 16 of Year 1908, dated 18th. Dece!er, 1908"

An Act to consolidate the enactments relating to the registration ofdocuments.

WHEREAS it is expedient to consolidate the enactments relating to theregistration of documents;It is hereby enacted as follows!

#ART$ I

#RE%I&INARY

1. Short t't(e, e)te*t a*d coe*cee*t

"#$ %his Act may be called the Registration Act& #'()."*$ It extends to the whole of India except the State of +ammu and,ashmir

-roided that the State /oernment may exclude any district ortracts of country from its operation.

"0$ It shall come into force on the first day of +anuary& #'('.

+. Def'*'t'o*

In this Act& unless there is anything repugnant in the sub1ect orcontext!

"#$2addition2 means the place of residence& and the profession& trade&ran3 and title& "if any$ of a person described& and& in the case of anIndian& his father4s name& or where he is usually described as theson of his mother& then his mother4s name;

"*$ "book2 includes a portion of a boo3 56and the information storagedeices li3e floppy dis3& hard dis3& compact dis37 and also any

number of sheets connected together with a iew of forming aboo3 or portion of a boo3; 56added by A.-. Act #8 of #'''& w.e.f.0#!#*!#'')7

"0$ "district"and "sub-district"respectiely means a district and sub!district formed under this Act;

"9$ "District Court"includes the High :ourt in its ordinary original ciil1urisdiction;

"$ "endorsement2 and "endorsed" include and apply to an entry in

writing by a registering officer on a rider or coering slip to anydocument tendered for registration under this Act;

"8$ "immovable property" includes land& buildings& hereditaryallowances& rights to ways& lights& ferries& fisheries or any otherbenefit to arise out of land& and things attached to the earth orpermanently fastened to anything which is attached to the earth&but not standing timber& growing crops nor grass;

"8A$ "India"means the territory of India excluding the State of +ammuand ,ashmir;


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"


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"*$ %he State /oernment may amalgamate with any office of aRegistrar any office of a Sub!Registrar subordinate to such Registrar&and may authorise any Sub!Registrar whose office has been soamalgamated to exercise and perform& in addition to his own powersand duties& all or any of the powers and duties of the Registrar to

whom he is subordinate

-roided that no such authorisation shall enable a Sub!Registrar tohear an appeal against an order passed by himself under this Act.

8. I*ector of Re'trat'o* off'ce2$

"#$ %he State /oernment may also appoint officers& to be calledInspectors of Registration offices& and may prescribe the duties ofsuch officers.

"*$ Eery such Inspector shall be subordinate to the Inspector!/eneral.

9. [Reea(ed"

10. A!e*ce of Re'trar or 7aca*c '* h' off'ce2$

"#$ When any Registrar& other than the Registrar of a district including a-residency!town& is absent otherwise than on duty in his district& orwhen his office is temporarily acant& any person whom theInspector!/eneral appoints in this behalf& or& in default of such

appointment& the +udge of the @istrict :ourt within the local limits ofwhose 1urisdiction the Registrar4s office is situate& shall be theRegistrar during such absence or until the State /oernment fills upthe acancy.

"*$ When the Registrar of a district including a -residency!town is absentotherwise than on duty in his district& or when his office is temporarilyacant& any person whom the Inspector!/eneral appoints in thisbehalf shall be the Registrar during such absence& or until the State/oernment fills up the acancy.

11. A!e*ce of Re'trar o* d5t '* h' d'tr'ct

When any Registrar is absent from his office on duty in hisdistrict& he may appoint any Sub!Registrar or other person in his districtto perform& during such absence& all the duties of a Registrar exceptthose mentioned in sections 8) and


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"*$ Such report shall be either special or general& as the State/oernment directs.

13. Eta!('he*t of re'ter'* off'cer

%he State /oernment may allow proper establishments for the seeraloffices under this Act.

14. Sea( of re'ter'* off'cer

%he seeral Registrars and Sub!Registrars shall use a seal bearingthe following inscription in English and in such other language as theState /oernment directs

"The seal of the Registrar (or of the Sub-Registrar of"!

16. Re'ter$!oo a*d f're$roof !o)e2

"#$ :6%he State /oernment shall proide for the office of eeryregistering officer the boo3s and the information processing andstorage deices li3e computer and scanners along with the softwareprescribed by the Inspector /eneral from time to time necessary forthe purposes of this Act.7*(Substituted by A.P. Act 16 of 1999 w.e.f. 31-12-1998)

"*$ %he boo3s so proided shall contain the forms from time to time

prescribed by the Inspector!/eneral& with the sanction of the State/oernment& and the pages of such boo3s shall be consecutielynumbered in print& and the number of pages in each boo3 shall becertified on the title!page by the officer by whom such boo3s areissued.

"0$ %he State /oernment shall supply the office of eery Registrar witha fireproof box& and shall in each district ma3e suitable proision forthe safe custody of the records connected with the registration ofdocuments in such district.

::[16A. ;EE#ING O- OO; IN CO


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"#$ %he following documents shall be registered& if the property towhich they relate is situate in a district in which& and if they hae beenexecuted on or after the date on which& Act o. BCI of #)89& or theIndian Registration Act& #)88& or the Indian Registration Act& #)


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and the Related Daws "amendment Act& *((# and if such documents arenot registered on or after such commencement& then& they shall hae noeffect for the purposes of the said Section 0A

@! the Re'trat'o* a*d other re(ated %a= >ae*de*t ?

Act, +001> 38 of +001? dated +3$9$+001.

"*$ othing in clauses "b$ and "c$ of sub!section "#$ applies to!"i$ any composition!deed; or

"ii$ any instrument relating to shares in a 1oint Stoc3 :ompany&notwithstanding that the assets of such company consist in wholeor in part of immoable property; or

"iii$ any debenture issued by any such company and not creating&declaring& assigning& limiting or extinguishing any right& title or

interest& to or in immoable property except insofar as it entitlesthe holder to the security afforded by a registered instrumentwhereby the company has mortgaged& coneyed or otherwisetransferred the whole or part of its immoable property or anyinterest therein to trustees upon trust for the benefit of theholders of such debentures; or

"i$ any endorsement upon or transfer of any debenture issued by anysuch company; or

"$ 5any document other than the documents specified in sub!

section "#A$ expect an agreement of sale as mention in clause"g$ of sub!section "#$ not in itself created. @eclaring& assigning&limiting or extinguishing any right& title or interest of the alue ofone hundred rupees and upwards& to or in immoable property&but merely creating a right to obtain another document whichwill& when executed& created declare assign& limit or extinguishany such right title or interest; or

amended by #!$! #ct % of &''' !e!f! &-%-&''' and furtheramended by act %+ of ,& !e!f! ,%-'-,&

"i$ 55 any decree or order of a court& not being decree or order oraward falling under clause "f$ sub!section" # $ except a decree ororder expressed to be made on a compromise and comprisingimmoable property other than that which is the sub1ect!matterof the suit or proceeding; or

amended by #!$! #ct % of &'''. !e!f! &-%-&'''

"ii$ any grant of immoable property by goernment; or

"iii$ any instrument of partition made by a reenue!officer; or

"ix$ any order granting a loan or instrument of collateral securitygranted under the Dand Improement Act& #)


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"xi$ any endorsement on a mortgage!deed ac3nowledging thepayment of the whole or any part of the mortgage!money& and anyother receipt for payment of money due under a mortgage whenthe receipt does not purport to extinguish the mortgage; or

"xii$ any certificate of sale granted to the purchaser of any propertysold by public auction by a ciil or reenue!officer.

6Explanation ! omitted by A.-. Amendment 9 of #''' w.e.f. #!9!#'''$

"0$ Authorities to adopt a son& executed after the #st day of+anuary #)


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unless it be accompanied by a true translation into a languagecommonly used in the district and also by a true copy.+0. Doc5e*t co*ta'*'* '*ter('*eat'o*, !(a*, era5re ora(terat'o*

"#$ %he registering officer may in his discretion refuses to acceptfor registration any document in which any interlineation&blan3& erasure or alteration appears& unless the personsexecuting the document attest with their signatures or initialssuch interlineation& blan3& erasure or alteration.

"*$ If the registering officer registers any such document& he shall&at the time of registering the same& ma3e a note in the registerof such interlineation& blan3& erasure or alteration.

+1. Decr't'o* of roert a*d a or (a*

"#$ o non!testamentary document relating to immoable propertyshall be accepted for registration unless it contains adescription of such property sufficient to identify the same.

"*$ Houses in towns shall be described as situate on the north orother side of the street or road "which should be specified$ towhich they front& and by their existing and former occupancies&and by their numbers if the houses in such street or road are

numbered.

"0$ >ther houses and land shall be described by their name& if any&and as being the territorial diision in which they are situate&and by their superficial contents& the roads and other propertieson which they abut& and their existing occupancies& and also&wheneer it is practicable& by reference to a goernment mapor surey.

"9$ o non!testamentary document containing a map or plan of

any property comprised therein shall be accepted forregistration unless it is accompanied by a true copy of the mapor plan& or& in case such property is situate in seeral districts&by such number of true copies of the map or plans as are eualto the number of such districts.

++. Decr't'o* of ho5e a*d (a*d ! refere*ce to Go7er*e*ta of 5r7e2 $

"#$ Where it is& in the opinion of the State /oernment& practicable todescribe houses& not being houses in towns& and lands by reference

to a /oernment map or surey& the State /oernment may& by rulemade under this Act& reuire that such houses and lands as aforesaidshall& for the purposes of section *#& be so described.

"*$ Sae as otherwise proided by any rule made under sub!section "#$&failure to comply with the proisions of section *#& sub!section "*$ orsub!section "0$& shall not disentitle a document to be registered if thedescription of the property to which it relates is sufficient to identifythat property.

:++$A. Doc5e*t Re'trat'o* of =h'ch ' ooed to 5!('c

o('c2 $


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"#$ %he State /oernment may& by notification in the >fficial /a?ette&declare that the registration of any document or class of documentsis opposed to public policy.

"*$ otwithstanding anything contained in this Act& the registeringofficer shall refuse to register any document to which a notificationissued under sub!section "#$ is applicable.

inserted by #!$! #mendment #ct % of &''' . !e!f! &-%-&'''!

#ART IB

O- THE TI&E O- #RESENTATION

+/. T'e for ree*t'* doc5e*t

Sub1ect to the proisions contained in sections *9& * and *8& nodocument other than a will shall be accepted for registration unlesspresented for that purpose to the proper officer within four months fromthe date of its execution

-roided that a copy of a decree or order may be presented withinfour months from the date on which the decree or order was made or&where it is appealable& within four months from the day on which itbecomes final.

+/A. Re$re'trat'o* of certa'* doc5e*t

otwithstanding anything to the contrary contained in this Act& if inany case a document reuiring registration has been accepted forregistration by a Registrar or Sub!Registrar from a person not dulyempowered to present the same& and has been registered& any personclaiming under such document may& within four months from his firstbecoming aware that the registration of such document is inalid&present such document or cause the same to be presented& inaccordance with the proisions of -art CI for re!registration in the officeof the Registrar of the district in which the document was originally

registered; and upon the Registrar being satisfied that the documentwas so accepted for registration from a person not duly empowered topresent the same& he shall proceed to the re!registration of thedocument as if it has not been preiously registered& and as if suchpresentation for re!registration was a presentation for registration madewithin the time allowed therefor under -art IC& and all the proisions ofthis Act& as to registration of documents& shall apply to such re!registration; and such document& if duly re!registered in accordance withthe proisions of this section& shall be deemed to hae been dulyregistered for all purposes from the date of its original registration

-roided that& within three months from the twelfth day ofSeptember& #'#


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"a$ relate to properties situated within the logs at Fasulipatanam" formerly 3nown as Fasulipatanam $& the areas whereof haebeen set out in Schedule to the Fadras " Enlargement of Areasand Alteration of Goundaries$ order& #'9) ;

"b$ hae been registered in a registration office by an officialappointed or controlled by any =rench Indian Authority ; and

"c$ are reuired to be registered under this Act & may beregistered under this Act free of all charges within such time&and sub1ect to such restrictions and conditions & as may bespecified in the notification; and if any document is soregistered& the registration shall hae effect for all purposesform the date on which the document& was originally registeredby the officials referred to in :lause "b$

-roided that nothing in this sub!section shall be deemed toinalidate any decree or order touching any such document which mayhae been passed by any :ourt of Daw an become final before theenactment of this section.

"*$ Sub!section "#$ shall apply in relation to documents relating toproperties situated within the limits of any =rench territory now ad1oiningthe territory of the sate of Andhra& as it applies in relation to documentrelating to properties situated within the logs referred to& in sub!section"#$& sub1ect to the modification that for the words before the enactmentof this section occurring in the proiso& the words #6before such date as

may be notified in that behalf by the State /oernment 7&)substituted by #doption of /as orders &'0%. and amended by#!$! #ct I1 of &'2&!*

+3. Doc5e*t e)ec5ted ! e7era( ero* at d'ffere*t t'e

Where there are seeral persons executing a document at differenttimes& such document may be presented for registration and re!registration within four months from the date of each execution.

+4. #ro7''o* =here de(a '* ree*tat'o* ' 5*a7o'da!(e

"#$ If &owing to urgent necessity or unaoidable accident& any documentexecuted& or copy of a decree or order made& in India is not presentedfor registration till after the expiration of the time herein!beforeprescribed in that behalf& the Registrar& in cases where the delay inpresentation does not exceed four months& may direct that& onpayment of a fine not exceeding ten times the amount of the properregistration!fee& such document shall be accepted for registration.

"*$ Any application for such direction may be lodged with Sub!Registrar&who shall forthwith forward it to the Registrar to whom he issubordinate.

+6. Doc5e*t e)ec5ted o5t of I*d'a

When a document purporting to hae been executed by all or anyof the parties out of 6India is not presented for registration till after theexpiration of the time herein!before prescribed in that behalf& theregistering officer& if satisfied!

"a$ that the instrument was so executed& and


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"b$ that it has been presented for registration within four months after itsarrial in India.may& on payment of the proper registration!fee& accept such

document for registration.

+. '(( a !e ree*ted or deo'ted at a* t'e

A will may at any time be presented for registration or deposited inmanner hereinafter proided.

#ART B

O- THE #%ACE O- REGISTRATION

+8. #(ace for re'ter'* doc5e*t re(at'* to (a*d

Sae as in this -art otherwise proided& eery documentmentioned in section #


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"*$ >mitted. "by the Registration and other related Daws"amendment $ Act& *((#" 9) of *((#$ dated *9!'!*((#.$

/1. Re'trat'o* or acceta*ce for deo't at r'7ate re'de*ce

In ordinary cases the registration or deposit of documents underthis Act shall be made only at the office of the officer authorised toaccept the same for registration or deposit

-roided that such officer may on special cause being shownattend at the residence of any person desiring to present a document forregistration or to deposit a will& and accept for registration or depositsuch document or will.

#ART BI

O- #RESENTING DOC


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"b$ if the principal at the time aforesaid resides in any part of India inwhich this Act is not in force& a power!of!attorney executed beforeand authenticated by any Fagistrate;

"c$ if the principal at the time aforesaid does not reside in India& a power!

of!attorney executed before and authenticated by otary -ublic& orany court& +udge& Fagistrate& Indian :onsul or ice!consul& orrepresentatie of the :entral /oernment

-roided that the following persons shall not be reuired to attend atany registration!office or court for the purpose of executing any suchpower!of!attorney as is mentioned in clauses "a$ and "b$ of this section&namely!

"i$ persons who by reason of bodily infirmity are unable without ris3or serious inconenience so to attend;

"ii$ persons who are in 1ail under ciil or criminal process; and

"iii$ persons exempt by law from personal appearance in court.

Explanation! "#$ In this sub!section 2India2 means India& as definedin clause "*)$ of section 0 of the /eneral :lauses Act& #)'


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registration fee& in addition to the fine& if any& payable under section *&the document may be registered.

"*$ Appearances under sub!section "l$ may besimultaneous or at different times.

"0$ %he registering officer shall thereupon!

"a$ enuire whether or not such document was executed by theperson by whom it purports to hae been executed;

"b$ satisfy himself as to the identity of the persons appearingbefore him and alleging that they hae executed the document;and

"c$ in the case of any person appearing as a representatie&assignee or agent& satisfy himself of the right of such person soto appear.

"9$ Any application for a direction under the proiso tosub!section "#$ may be lodged with a Sub!Registrar& who shallforthwith forward it to the Registrar to whom he is subordinate.

"$ othing in this section applies to copies of decrees or orders.

/4. #roced5re o* ad''o* a*d de*'a( of e)ec5t'o* reect'7e(

"#$"a$ If all the persons executing the document appear personallybefore the registering officer and are personally 3nown to him& or if hebe otherwise satisfied that they are the persons they representthemseles to be& and if they all admit the execution of the document& or

"b$ If in the case of any person appearing by a representatie&assignee or agent& such representatie& assignee or agent admits theexecution& or

"c$ If the person executing the document is dead& and hisrepresentatie or assignee appears before the registering officer andadmits the execution&

the registering officer shall register the document as directed in sections) to 8#& inclusie.

"*$ %he registering officer may& in order to satisfy himself that thepersons appearing before him are the persons they representthemseles to be& or for any other purpose contemplated by this Act&examine any one present in his office.

"0$"a$ If any person by whom the document purports to beexecuted denies its execution& or

"b$ if any such person appears to the registering officer to be aminor& an idiot or a lunatic& or

"c$ if any person by whom the document purports to be executedis dead& and his representatie or assignee denies its execution&

the registering officer shall refuse to register the document as to the

person so denying& appearing or dead


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-R>CI@E@ that& where such officer is a Registrar& he shall follow theprocedure prescribed in -art BII

-roided further that the State /oernment may& by notification in

the >fficial /a?ette& declare that any Sub!Registrar named in thenotification shall& in respect of documents the execution of which isdenied& be deemed to be a Registrar for the purposes of this sub!sectionand of -art BII.

#ART BII

O- EN-ORCING THE A##EARANCE O- EEC


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#ART BIII

O- #RESENTING I%%S AND A


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may testify to the identity of the testator or his agent& and anylegible inscription which may be on the seal of the coer.

"*$ %he Registrar shall then place and retain the sealed coer in

his fireproof box.

33. 'thdra=a( of ea(ed co7er deo'ted 5*der ect'o* 3+

If the testator who has deposited such coer wishes to withdraw it&he may apply& either personally or by duly authorised agent& to theRegistrar who holds it in deposit& and such Registrar& if satisfied that theapplicant is actually the testator or his agent& shall delier the coeraccordingly.

34. #roceed'* o* death of deo'tor

"#$ If& on the death of a testator who has deposited a sealed coerunder section 9*& application be made to the Registrar whoholds it in deposit to open the same& and if the Registrar issatisfied that the testator is dead& he shall& in the applicant4spresence& open the coer& and& at the applicant4s expense&cause the contents thereof to be copied into his Goo3 o.0.

"*$ When such copy has been made& the Registrar shall re!deposit

the original will.

36. Sa7'* of certa'* e*acte*t a*d o=er of co5rt

"#$ othing hereinbefore contained shall affect the proisions ofsection *' of the Indian Succession Act& #)8& or of section )#of the -robate and Administration Act& #))#& or the power ofany court by order to compel the production of any will.

"*$ When any such order is made the Registrar shall& unless the will

has been already copied under section 9& open the coer andcause the will to be copied into his Goo3 o.0 and ma3e anotice on such copy that the original has been remoed in tocourt in pursuance of the order aforesaid.

#ART O- THE E--ECTS O- REGISTRATION AND NON$REGISTRATION

3. T'e fro =h'ch re'tered doc5e*t oerate

A registered document shall operate from the time from which itwould hae commenced to operate if no registration thereof had beenreuired or made& and not from the time of its registration.

NOTES

When two documents are executed on the same day& the time oftheir execution would determine the priority irrespectie of the time oftheir registration. %he one which is executed earlier in time will preail

oer the other executed subseuently.


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38. Re'tered doc5e*t re(at'* to roert =he* to taeeffect aa'*t ora( areee*t

All non!testamentary documents duly registered under this Act&

and relating to any property& whether moable or immoable& shall ta3eeffect against any oral agreement or declaration relating to suchproperty& unless where the agreement or declaration has beenaccompanied or followed by deliery of possession and the sameconstitutes a alid transfer under any law for the time being in force

-roided that a mortgage by deposit of title!deeds as defined insection ) of the %ransfer of -roperty Act& #))*& shall ta3e effect againstany mortgage!deed subseuently executed and registered which relatesto the same property.

39. Effect of *o*$re'trat'o* of doc5e*t re5'red to !ere'tered

o document reuired by section #< or by any proision of the%ransfer of -roperty Act& #))* to be registered shall!!

"a$ affect any immoable property comprised therein& or

"b$confer any power to adopt& or

"c$ be receied as eidence of any transaction affecting suchproperty or conferring such power&

unless it has been registered

-roided that an unregistered document affecting immoableproperty and reuired by this Act or the %ransfer of -roperty Act& #))*&to be registered may be receied as eidence of a contract in a suit forspecific performance under :hapter II of the Specific Relief Act& #)


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Explanation In cases where Act o. BCI of #)89 or the IndianRegistration Act& #)88& was in force in the place and at the time in and atwhich such unregistered document was executed& 2unregistered2 meansnot registered according to such Act& and& where the document isexecuted after the first day of +uly& #)A? I* a(( re'trat'o* off'ce2$$

Goo3 #& 2Register of non!testamentary documents relating to

immoable property2;

Goo3 *& 2Record of reasons for refusal to register2;

Goo3 0& 2Register of wills and authorities to adopt2; and

Goo3 9& 2Fiscellaneous Register2;

? I* the off'ce of Re'trarF2$$

Goo3 & 2Register of deposits of wills2.

"*$ In Goo3 # shall be entered or filed all documents or memorandaregistered under sections #


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"b$ a receipt for such document shall be gien by the registeringofficer to the person presenting the same; and

"c$ sub1ect to the proisions contained in section 8*& eerydocument admitted to registration shall without unnecessary delay be

copied in the boo3 appropriated therefor according to the order of itsadmission.

"*$ All such boo3s shall be authenticated at such interals and in suchmanner as is from time to time prescribed by the Inspector /eneral.

NOTES

A K certified copy of the document receied form the Sub!Registraror @istrict Registrar as the case may be is admissible for proing thecontents therein. Ramachnadra v! 8amlbai . #IR &'+' 9ri!,:.

Any defect as contemplated under section * is curable undersection )< ;hart inder v! 8akim


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"8$ Each Index shall contain such other particulars& and shall beprepared in such form& as the Inspector!/eneral from time to timedirects.

46. 1[Co of e*tr'e '* I*de)e No.I, II a*d III to !e e*t !

S5!$Re'trar to Re'trar a*d f'(ed"

&)Repealed by #ct 1> of &','*

4. Re'ter'* off'cer to a((o= '*ect'o* of certa'* !oo a*d'*de)e, a*d to '7e cert'f'ed co'e of e*tr'e2$

"#$ Sub1ect to the preious payment of the fees payable in thatbehalf& the Goo3 os. # and * and the Indexes relating to Goo3 o. #shall be at all times open to inspection by any person applying to inspectthe same; and& sub1ect to the proisions of section 8*& copies of entries

in such boo3s shall be gien to all persons applying for such copies.

"*$ Sub1ect to the same proisions& copies of entries in Goo3 o.0and in the Index relating thereto shall be gien to the persons executingthe documents to which such entries relate& or to their agents& and afterthe death of the executants "but not before$ to any person applying forsuch copies.

"0$ Sub1ect to the same proisions& copies of entries in Goo3 o.9and in the Index relating thereto shall be gien to any person executingor claiming under the documents to which such entries respectiely

refer& or to his agent or representatie.

"9$ %he reuisite search under the section for entries in Goo3 os.0 and 9 shall be made only by the registering officer.

"$ All copies gien under this section shall be signed and sealedby the registering officer& and shall be admissible for the purpose ofproing the contents of the original documents.

>? AS TO THE #ROCED


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"*$ If any person admitting the execution of a document refuses toendorse the same& the registering officer shall neertheless register it&but shall at the same time endorse a note of such refusal.

49. E*doree*t to !e dated a*d '*ed ! re'ter'* off'cer

%he registering officer shall affix the date and his signature to allendorsements made under sections * and )& relating to the samedocument and made in his presence on the same day.

60. Cert'f'cate of re'trat'o*

"#$ After such of the proisions of sections 09& 0& ) and ' asapply to any document presented for registration hae been compliedwith& the registering officer shall endorse thereon a certificate containingthe word 2registered 2& together with the number and page of the boo3

in which the document has been copied.

"*$ Such certificate shall be signed& sealed and dated by theregistering officer& and shall then be admissible for the purpose ofproing that the document has been duly registered in manner proidedby this Act& and that the facts mentioned in the endorsements referredto in section ' hae occurred as therein mentioned.

61. E*doree*t a*d cert'f'cate to !e co'ed a*d doc5e*tret5r*ed

"#$ %he endorsements and certificate referred to and mentioned insections ' and 8( shall thereupon be copied into the margin of theRegister!boo3& and the copy of the map or plan "if any$ mentioned insection *# shall be filed in Goo3 o.#.

56-roided that the copying of the items referred to aboe may bedone using electronic deices li3e scanner7.

#dded by #!$! #ct &2 of &'''. !e!f! 7&-&,-&''+

"*$ %he registration of the document shall thereupon be deemedcomplete& and the document shall then be returned to the person who

presented the same for registration& or to such other person "if any$ ashe has nominated in writing in that behalf on the receipt mentioned insection *.

6+. #roced5re o* ree*t'* doc5e*t '* (a*5ae 5**o=* tore'ter'* off'cer

"#$ When a document is presented for registration under section#'& the translation shall be transcribed in the register of documents ofthe nature of the original& and& together with the copy referred to insection #'& shall be filed in the registration office.

"*$ %he endorsements and certificate respectiely mentioned insections ' and 8( shall be made on the original& and& for the purpose ofma3ing the copies and memoranda reuired by sections


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"*$ Eery such officer may also at his discretion record a note ofthe substance of the statement made by each such person& and suchstatement shall be read oer& or "if made in a language with which suchperson is not acuainted$ interpreted to him in a language with which heis acuainted& and& if he admits the correctness of such note& it shall be

signed by the registering officer.

"0$ Eery such note so signed shall be admissible for the purposeof proing that the statements therein recorded were made by thepersons and under the circumstances therein stated.

>C? S#ECIA% Dn registering any non!testamentary document relating toimmoable property the Registrar shall forward a memorandum of suchdocument to each Sub!Registrar subordinate to himself in whose sub!

district any part of the property is situate.

"*$ %he Registrar shall also forward a copy of such documenttogether with copy of the map or plan "if any$ mentioned in section *#&to eery other Registrar in whose district any part of such property issituate.

"0$ Such Registrar on receiing any such copy shall file it in hisGoo3 o.#& and shall also send a memorandum of the copy to each ofthe Sub!Registrars subordinate to him within whose sub!district any partof the property is situate.


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"9$ Eery Sub!Registrar receiing any memorandum under thissection shall file it in this Goo3 o.#.

6. :>O'tted?

*(9mitted by #!$! #ct &7 of &'22. subse?uently omitted byRegistration and 9ther Related /as (amendment #ct ,&(#ct %+ of,&. dated ,%-'-,&!

>E? O- THE CONTRO%%ING #OERS O- REGISTRARS ANDINS#ECTOR GENERA%

68.#o=er of Re'trar to 5er'*te*d a*d co*tro( S5!$Re'trar

"#$ Eery Sub!Registrar shall perform the duties of his office under

the superintendence and control of the Registrar in whose district theoffice of such Sub!Registrar is situate.

"*$ Eery Registrar shall hae authority to issue "whether oncomplaint or otherwise$ any order consistent with this Act which heconsiders necessary in respect of any act or omission of any Sub!Registrar subordinate to him or in respect of the rectification of any errorregarding the boo3 or the office in which any document has beenregistered.

69. #o=er of I*ector Ge*era( to 5er'*te*d re'trat'o*

off'ce a*d ae r5(e

"#$ %he Inspector!/eneral shall exercise a general superintendenceoer all the registration!offices in the territories under the State/oernment& and shall hae power from time to time& ma3e rulesconsistent with this Act!

"a$proiding for the safe custody of boo3s& papers anddocuments .

#6"aa$ proiding the manner in which and the safeguards sub1ect

to which the boo3s may be 3ept in computer floppies ordis3ettes or in any other electronic form under the sub!section"#$ of section #8A;7

&(inserted by Registration and 9ther Related /as (amendment #ct,& (#ct %+ of ,&. !e!f! ,%-'-,&!

"b$declaring what languages shall be deemed to be commonlyused in each district;

*6"bb$ proiding for the grant of licences to document writer& the

reocation of such licences& the terms and condition sub1ect towhich and the authority by who such licences shall be granted theexemption of any class of document writers form the licensingproisions and the conditions sub1ect to which such exemptionshall be granted and generally for all purposes connected withthe writing of documents to be presented for registration.7

,)inserted by #!$! #ct > &'2*

"c$ declaring what territorial diisions shall be recognised under

section *#;


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"d$regulating the amount of fines imposed under sections * and09& respectiely;

"e$ regulating the exercise of the discretion reposed in the

registering officer by section 80;

"f$ regulating the form in which registering officers are to ma3ememoranda of documents&

"g$regulating the authentication by Registrars and Sub!Registrarsof the boo3s 3ept in their respectie offices under sections #;

"gg$ regulating the manner in which the instruments referred to insub!section "*$ of section )) may be presented forregistration;

"h$declaring the particulars to be contained in Index os. I& II& IIIand IC& respectiely;

"i$ declaring the holidays that shall be obsered in the registrationoffices; and

"1$ generally& regulating the proceedings of the Registrars and Sub!Registrars.

"*$ %he rules so made shall be submitted to the State /oernment forapproal& and& after they hae been approed& they shall bepublished in the >fficial /a?ette& and on publication shall hae effectas if enacted in this Act.

0. #o=er of I*ector$Ge*era( to re't f'*e

%he Inspector!/eneral may also& in the exercise of his discretion&remit wholly or in part the difference between any fine leied undersection * or section 09& and the amount of the proper registration fee.

1[#ART I A

REGISTRATION O- DOC


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:ompact dis3s and copies presered on such deices andretrieed when reuired.

"*$ otwithstanding any thing contained in this Act or any otherDaw for the time being in force& a copy of any document registered

and scanned using the electronic deices and certified or attestedby the Registering >fficer in!charge of the office shall also bereceied in eidence of any transaction as is described in the saiddocument.

0$C. a7'*2$

othing in this shall apply !!

"i$ to any document which in the opinion of

Registering >fficer is not in a condition fit to be processed bymeans of electronic deices;

"ii$ in the case of unforeseen eentuality li3e brea3down of the computeri?ed system of registration;

-roided that the Registering >fficer shall record the reasons inwriting therefore;

-roided further that the Registering >fficer shall ensure that thedata and images of the documents registered during the period of non!

application of this part& due to a brea3down of the computeri?ed system&are duly incorporated into the computer system& after the same isrestored& in the manner prescribed by the Inspector /eneral ofRegistration.7

&)added by #!$! #ct &2 of &'''. !e!f! 7&-&,-&''+*

#ART II

O- RE-


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such document is compulsory or optional$ to the Registrar to whom suchSub!Registrar is subordinate& if presented to such Registrar within thirtydays from the date of the order; and the Registrar may reerse or altersuch order.

"*$ If the order of the Registrar directs the document to beregistered and the document is duly presented for registration withinthirty days after the ma3ing of such order& the Sub!Registrar shall obeythe same& and thereupon shall& so far as may be practicable& follow theprocedure prescribed in sections )& ' and 8(; and such registrationshall ta3e effect as if the document had been registered when it was firstduly presented for registration.

/. A('cat'o* to Re'trar =here S5!$Re'trar ref5e tore'ter o* ro5*d of de*'a( of e)ec5t'o*

"#$ When a Sub!Registrar has refused to register a document onthe ground that any person by whom it purports to be executed& or hisrepresentatie or assign& denies its execution& any person claimingunder such document& or his representatie& assignee or agentauthorised as aforesaid& may& within thirty days after the ma3ing of theorder of refusal& apply to the Registrar to whom such Sub!Registrar issubordinate in order to establish his right to hae the documentregistered.

"*$ Such application shall be in writing and shall be accompaniedby a copy of the reasons recorded under section


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"9$ %he Registrar may& for the purpose of any enuiry undersection


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"c$ for ma3ing or granting copies of reasons& entries or documents&before& on or after registration;

and of extra or additional fees payable!

"d$ for eery registration under section 0(;

"e$ for the issue of commissions;

"f$ for filing translations;

"g$ for attending at priate residences;

"h$ for the safe custody and return of documents; and

"i$ for such other matters as appear to the State /oernmentnecessary to effect the purposes of this Act.

9. #5!('cat'o* of -ee

A table of the fees so payable shall be published in the >fficial/a?ette& and a copy thereof in English and the ernacular language ofthe district shall be exposed to public iew in eery registration office.

80. -ee aa!(e o* ree*tat'o*

All fees for the registration of documents under this Act shall bepayable on the presentation of such documents.

1[80$A. RECOBERY O- DE-CIT REGISTRATION -EES2$

"#$ otwithstanding anything contained in section )(& if after theregistration of documents& it is found that the fee payableunder this Act in relation to that document has not been paidor has been insufficiently paid& such fee or the deficit in thefee paid& as the case may be& may& on a certificate of the

registering officer be recoered from the person whopresented such document for registration under section 0* asan arrear of a land reenue;

-roided that no such certificate shall be granted unless dueinuiry is made and such person is gien an opportunity of being heard;

-roided further that no such enuiry shall be commenced afterthe expiry of such period& after the date of the registration of thedocument& as may be prescribed.

"*$ the certificate of the registering officer under sub section "#$shall& sub1ect to appeal under sub section"0$& be final and shallnot be called in uestion in any :ourt or before any authority.

"0$ Any person aggrieed by a certificate of the registering officerunder sub section "#$ may appeal to the Registrar if it is acertificate of the Sub!Registrar& or to the Inspector /eneral ofRegistration if it is a certificate of the Registrar. All suchappeals shall be preferred within such time and shall be heardand disposed of in such manner as may be prescribed.


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"9$ %he /oernment or the Inspector /eneral of Registration andStamps may write off the irrecoerable arrears of deficitregistration fee sub1ect to such conditions may be prescribed.7

#6 inserted by A.-. Act 9 of #'''& w.e.f. #!9!#'''7

#ART IBO- #ENA%TIES

81. #e*a(t for '*correct( e*dor'*, co'*, tra*(at'* orre'ter'* doc5e*t ='th '*te*t to '*J5re

Eery registering officer appointed under this Act and eery personemployed in his office for the purposes of this Act& who& being chargedwith the endorsing& copying& translating or registering of any documentpresented or deposited under its proisions& endorses& copies& translates

or registers such document in a manner which he 3nows or beliees tobe incorrect& intending thereby to cause or 3nowing it to be li3ely that hemay thereby cause in1ury& as defined in the Indian -enal :ode& to anyperson& shall be punishable with imprisonment for a term which mayextend to seen years& or with fine& or with both.

8+. #e*a(t for a'* fa(e tatee*t, de('7er'* fa(e co'eor tra*(at'o*, fa(e ero*at'o*, a*d a!ete*t2$

Whoeer!

"a$ intentionally ma3es any false statement& whether on oath ornot& and whether it has been recorded or not& before any officeracting in execution of this Act& in any proceeding or enuiryunder this Act; or

"b$ intentionally deliers to a registering officer& in any proceedingunder section #' or section *#& a false copy or translation of adocument& or a false copy of a map or plan; or

"c$ falsely personates another& and in such assumed character

presents any document& or ma3es any admission or statement&or causes any summons or commission to be issued& or doesany other act in any proceeding or enuiry under this Act; or

"d$ abets anything made punishable by this Act; shall bepunishable with imprisonment for a term which may extend toseen years& or with fine& or with both.

8/. Re'ter'* off'cer a coe*ce roec5t'o*

"#$ A prosecution for any offence under this Act coming to the3nowledge of a registering officer in his official capacity may becommenced by or with the permissions of the Inspector!/eneral& the Registrar or the Sub!Registrar& in whose territories&district or sub!district& as the case may be& the offence hasbeen committed.

"*$ >ffences punishable under this Act shall be triable by any courtor officer exercising powers not less than those of a Fagistrateof the second class.

83. Re'ter'* off'cer to !e deeed 5!('c er7a*t


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"#$ Eery registering officer appointed under this Act shall bedeemed to be a public serant within the meaning of the Indian-enal :ode.

"*$ Eery person shall be legally bound to furnish information tosuch registering officer when reuired by him to do so.

"0$ In section **) of the Indian -enal :ode& the words 21udicialproceeding2 shall be deemed to include any proceeding underthis Act.

#ART B

&ISCE%%ANEOfficial %rustee or >fficial Assignee&or

"c$ the Sheriff Receier or Registrar of a High :ourt& or

"d$ the holder for the time being of such other public office as maybe specified in a notification in the >fficial /a?ette issued inthat behalf by the State /oernment&

to appear in person or by agent at any registration!office in anyproceeding connected with the registration of any instrument executedby him or in his faour& in his official capacity& or to sign as proided insection ).


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"*$ Any instrument executed by or in faour of an officer ofgoernment or any other person referred to in sub!section "#$may be presented for registration in such manner as may beprescribed by rules made under section 8'.

"0$ %he registering officer to whom any instrument is presented forregistration under this section may& if he thin3s fit& refer to anySecretary to /oernment or to such officer of goernment orother person referred to in sub!section "#$ for informationrespecting the same and& on being satisfied of the executionthereof& shall register the instrument.

89. Co'e of certa'* order, cert'f'cate a*d '*tr5e*t to !ee*t to re'ter'* off'cer a*d f'(ed

"#$ Eery officer granting a loan under the Dand ImproementDoans Act& #))0& shall send a copy of his order to theregistering officer within the local limits of whose 1urisdictionthe whole or any part of the land to be improed or of the landto be granted as collateral security& is situate& and suchregistering officer shall file the copy in his Goo3 o.# M6 or getscanned7.

"*$ Eery court granting a certificate of sale of immoable

property under the :ode of :iil -rocedure& #'()& shall send acopy of such certificate to the registering officer within thelocal limits of whose 1urisdiction the whole or any part of theimmoable property comprised in such certificate is situate&and such officer shall file the copy in his Goo3 o.# M6 or getscanned7.

"0$ Eery officer granting a loan under the Agriculturists4 DoansAct& #))9& shall send a copy of any instrument wherebyimmoable property is mortgaged for the purpose of securing

the repayment of the loan& and& if any such property ismortgaged for the same purpose in the order granting the loan&a copy also of that order& to the registering officer within thelocal limits of whose 1urisdiction the whole or any part of theproperty so mortgaged is situate& and such registering officershall file the copy or copies& as the case may be& in his Goo3o.# M6 or get scanned7.

"9$ Eery reenue!officer granting a certificate of sale to thepurchaser of immoable property sold by public auction shall

send a copy of the certificate to the registering officer withinthe local limits of whose 1urisdiction the whole or any part ofthe property comprised in the certificate is situate& and suchofficer shall file the copy in his Goo3 o.#. M6 or get scanned7.

*6 "$ eery officer empowered to grant a certificate of sale ofimmoable property under the Andhra -radesh :o!operatie Societies Act& #'89 of the rules made thereundershall send a copy of such certificate to the Registering

officer within the local limits of whose 1urisdiction the whole


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or any part of the immoable property comprised in suchcertificate is situate and such registering >fficer shall filethe copy in his Goo3 o# M6 or get scanned7.

"$ "8$ Eery %ribunal issuing a certificate under sub section "8$

of section 0) sub section "*$ of section 0)!E of the Andhra-radesh "%elangana Area$ %enancy and Agricultural Dand Act'(& declaring the protecteant to be the purchase or owner&as the case may be& of the land and eery %ashildar issuing acertificate sanctioning the exchange under sub section "*$ ofsection 0' or under section (!G of the Act aforesaid declaringthe alidity of any alienation or other transfer of agriculturalland shall send a copy of such certificate to the Registering>fficer with the loacal limits of whose 1urisdication the wholeor any part of the agricultural and comprised in such certificateis situate and such registering officer shall file the copy in the

Goo3 o # M6 or get scanned7.

@)added by #!$! #ct of &'''. !e!f! 7&-&,-&''+*

EETION -RO& ACT

90. E)et'o* of certa'* doc5e*t e)ec5ted ! or '* fa7o5r ofGo7er*e*t

"#$ othing contained in this Act or in the Indian Registration Act&

#)


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#"#$ Sub1ect to such rules and the preious payment of such feesas the *6State /oernment& by notification in the >fficial /a?ette&prescribes in this behalf&7 all documents and maps mentioned in section'(& clauses "a$& "b$& "c$ and "e$& and all registers of the documents

mentioned in clause "d$& shall be open to the inspection of any personapplying to inspect the same& and& sub1ect as aforesaid& copies of suchdocuments shall be gien to all persons applying for such copies.

06"*$ Eery rule prescribed under this section or made undersection 8' shall be laid& as soon as it is made& before the StateDegislature.7

9+. 3[Reea(ed "

9/. 4[Reea(ed "

6 #. %he original sec. '# renumbered as sub!sec "#$ of that section byAct * of #')0.*. subs by ibid0. sub section "*$ to section of inserted by ibid9. omitted by A.>. #'0).. Repealed by Act # of #' ;; 1section * and schedule

THE SCHED

AP Registration Act

Documents

Transcript of AP Registration Act