Tuesday 19 November 2013

Situations / documents wherein registration is compulsory / optional under Sec.17 and Sec.18 of the Registration Act, 1908

Following are the situations / documents wherein registration is compulsory / optional under Sec.17 and Sec.18 of the Registration Act, 1908:




Sr. No
Situation / documents
Registration requirement
1.
Gift of immovable property
Compulsory
2.
Transfer of right, title or interest, whether vested or contingent, of an immovable property, wherein the value exceeds Rs.100/-.
Compulsory
3.
Receipt or payment of any consideration on account of creation, declaration assignments, limitation or extinction of any such right, title or interest.
Compulsory
4.
Lease of immovable property for any term exceeding one year or reserving a yearly rent.
Compulsory
5.
Transfer or assignment of decree / order of a Court or any award if it creates, assigns, limit or extinguishes in present or future, any right, title or interest in an immovable property, wherein the value exceed Rs.100/-.
compulsory
6.
Composition Deed
Not applicable
7.

Any instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such company consist in whole or in part of immovable property.
Not applicable
8.
Any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it
entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders or such debentures.
Not applicable
9.
Any endorsement upon or transfer of any debenture issued by any such company.
Not applicable
10.
Any document that does not create, declare, assign, limit or extinguish any right, title or interest of the value of one hundred rupees and upwards, to or in immovable property, but merely creates right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest.
Not applicable
11.
Any decree or order of a Court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject matter of the suit or proceeding.
Not applicable
12.
Any grant of immovable property by the Government
Not applicable
13.
Any Instrument of partition made by a Revenue office
Not applicable
14.
Any order made under the Charitable Endowments Act 1890 vesting any
property in a Treasurer of Charitable Endowments or divesting any such Treasurer of any property.
Not applicable
15.
Any endowment on a mortgage deed acknowledging the payment of the whole or any part of the mortgage money and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage.
Not applicable
16.
Any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue Officer.
Not applicable
17.
Authority to adopt a son and not conferred by a Will.
Compulsory
18.
Instruments which create, assign, declare or limit any title or interest, wherein the value of the immovable property is less than Rs.100/-.
Optional
19.
Lease of immovable property not exceeding one year.
Optional
20.
Transfer or assignment of decree / order of a Court or any award if it creates, assigns, limit or extinguishes in present or future, any right, title or interest in an immovable property, wherein the value does not exceed Rs.100/-.
Optional
21.
Wills
Optional

1 comment:

  1. Many amendments were made by different states in this regard such as registration of Lease of immovable property not exceeding one year made compulsory by many states. This is a subject matter of concurrent list and both state as well as central government made amendments from time to time.

    ReplyDelete