BRIEF OVERVIEW OF THE REGISTERATION ACT, 1908

Registration of Documents
The Registration of documents is made under the provisions of the Registration Act, 1908.
The Registration Act 1908 is used for proper recording and registration of documents /
instruments, which give them more authenticity.

Registration refers to the recording of the contents of a document with a Registering Officer
appointed by the Government. The Registering Officer performs the important function of
preservation of copies of the original document.

The Act deals with cases where transactions between individuals are reduced to writing and
provide for compulsory or optional registration, as the case may be, of such written
instruments. It does not deal with transaction not reduced to writing.

This Act is divided into 15 PARTS containing 93 sections, and 1 Schedule.  It extends to the
whole of Bangladesh, except such districts or tracts of country as the Government may
exclude from its operation.

Brief History of the Registration Act 1908

Before the year 1864, there existed multiple enactments as to registration of documents in

British India. There were regulations applicable to each of the provinces of Bengal, Bombay

and Madras, providing for the registration of documents. The first complete enactment as to

registration of documents was passed by Act XVI of 1864, consolidating and amending all

the previous laws relating to the registration of assurances. It introduced for the first time a

system of compulsory registration in British India as to certain clauses of the documents and

also abolished the provisions limiting the rights of priority to registered deeds as against

unregistered document of the same nature. But even under this Act, the right of priority was
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given to document optionally registerable and not to documents compulsorily registerable.

Thus, if two documents A and B were both optionally registerable, and one of them A was

registered, then A would have priority over B. But if A was compulsorily registerable and B

was optionally registerable, the fact that A was registered did not entitle it to priority over B.

The law relating to registration of assurances was again consolidated and amended by Act

XX of 1866. It was again amended by Act VIII of 1871. The Act of 1871 was subsequently

amended by Act III of 1877. The Act of 1877 for the first time introduced a provision to give

priority to registered documents irrespective of the fact that whether they were optionally or

compulsorily registerable.

In 1908, a new Act namely the Indian Registration Act, 1908 (Act No. XVI of 1908) was
enacted for consolidation of enactments relating to the registration of the documents. It came
into force on the first day of January, 1909 in British India. The said act came into force with
The Bangladesh Laws (Revision And Declaration) Act, 1973.

Objective of Registration

The main purpose of registration of documents or the object of The Registration Act 1908,
amongst other things is to provide a method of public registration of documents so as to give
information to people regarding legal rights and obligations arising or affecting a particular
property and to perpetuate documents which may afterwards be of legal importance, and also
to prevent fraud.

Therefore the objectives can be listed as follows:

 The conservation of evidence,
 Assurance of title, publicity of documents and prevention of fraud.
 Registration ensures and safeguards the interest of an intending purchaser.
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Place of registration

Government has established Sub Registry Office in various parts of the country. These Sub
Registry Office have specific local jurisdiction set by the government. A document should be
presented for registration in the Sub Registry Office within which jurisdiction the whole or
major portion of the property to which such document relates is situated. Document void
when no portion of property transferred situates within jurisdiction of Sub Registrar. [Shefali
Rani and others vs Makhan Chandra Das and others, 50 DLR (1998) 349].

If the major portion of such property is not situated within the jurisdiction of one Sub
Registry Office, the document maybe presented for registration in any Sub Registry Office
within which jurisdiction part of the property is situated

Whom can present a document for registration?

A document can be presented for registration by

 the executant or the receiver of a document; or

 the representative or assignee of the above stated person; or

 the agent of such person, representative or assign, duly authorized by power-of-

attorney.

Section 32 is the relevant section.

Registrable Documents

Registration of documents relating to immovable property (of value of more than 100 /-) is
compulsory. Some documents though related to immovable property are not required to be
registered. These are given in section 17(2) of the Registration Act, 1908. Registration of will
is optional.
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For some documents, registration is optional like - documents relating to immovable property
(of value of less than 100 /-), lease of immovable property for a term of less than a year,
documents relating to movable property, wills.

Documents of which registration is compulsory:

The following documents shall be registered in a certain district where the property relates is
situated and if they have been executed before or after the commencement of The
Registration Act, 1908-

Namely:

1. Instrument of gift of immovable property: Section, 17(1)(a) [here Gift means the

transfer of ownership in an existing immovable property without any consideration(under
Section-122 of the Transfer of Property Act), even Transfer of Property Act also says that
gift of immovable property shall become valid after the process of registration(under
Section-123 of Transfer of Property Act)]

2. Declaration of Heba under Muslim Personal Law: Section, 17(1)(aa)

3. Other non-testamentery instruments which may capable of being in force whether in

present or future, whether vested or contingent(summarized): Section, 17(1)(b)

4. Receipt of any consideration of a deed other than mention in clause (b) of Section,

17(1) of the Registration Act- Section-17(1)(c)

5. Instrument of mortgage referred to Section-59 of the Transfer of Property Act 1882:

Section, 17(1)(cc)  [here the word “Mortgage” means the transfer of an interest in specific
immovable property for the purpose of securing pecuniary liability (under Section, 58 of
the Transfer of Property Act) Conditions of Mortgage

o Property has to be immovable.

o It should be for a certain time.

o Here consideration should be “Mortgage money”

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o Mortgage deed.

o Here the debtor is Mortgagor and creditor is Mortgagee.

Transfer of Property Act also says that Mortgage of deposited title deed shall be effective
after the registration process (Under Section, 59 of the Transfer of Property Act)]

6. Lease of immovable property from year to year, or for any term exceeding one
year or reserving a yearly rent- Section-17(1)(d) [here the word “lease means transfer of a
right to enjoy immovable property made for a certain time or in perpetuity (under Section-
105 of Transfer of Property Act) Elements of a lease

o The parties (lessor and lesse)

o Subject matter- immovable property.

o The consideration (Rent or Premium)

o For a certain time.

o Right to possession ]

7.  Non-testamentery instrument transferring or assigning any decree or order of a

Court or any award when such decree or order or award purports or operates to create
declare, assign, limit or extinguish, whether in present or in future, any right, title or interest,
whether vested or contingent or in immovable property.- Section-17(1)(e)

8. Instrument of partition of immovable property effected by persons upon inheritance

according to their respective personal laws- Section-17(1)(f)

9. The instrument of sale in pursuance of an order of the court under Section-96(Pre-

emption) of the SAT Act 1950- Section-17(1)(g)

10. Authorities to adopt a son, executed after the first day of January 1872 and not
conferred by will, shall also be registered- Section-17(3)

11. A contract for sale of an immovable property shall be subject to be registered

within 30 days of the execution of the said contract- Section-17A [a contract for sale of
immovable property is a contract that a sale of such property shall take place on the terms
settled between the parties.
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However the following documents are not required to be registered-

 (i) any composition deed; or

(ii) any document not itself creating, declaring, assigning, limiting or extinguishing any right,
title or interest  to or in immoveable property, but merely creating a right to obtain another
document which will, when executed, create, declare, assign, limit or extinguish any such
right, title or interest; or

(iii) any decree or order of a Court except a decree or order expressed to be made on a
compromise and comprising immoveable property other than that which is the subject-matter
of the suit or proceeding; or

(iv) any grant of immoveable property by the Government; or

(v) any instrument of partition made by a Revenue-officer; or  

(vi) any endorsement 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; or 

(vii) any certificate of sale granted to the purchaser of any property sold by public auction by
a Civil or Revenue-officer; or

(viii) any counter-part of a lease, where the lease corresponding thereto has itself been
registered.

Can I registered any other documents which is not mentioned in clause 17?
Yes, Section 18 of the Act allows registration of any documents. It states any document not
required to be registered under section 17 may also be registered under the Act

Legal effect of non-registration

Document, registration of which is mandatory, if not registered, does not have any effect. An
unregistered deed will not pass any title [Pabitra Ranjan Roy vs Proshanta Talukdar and other
14 MLR (2009) 69].
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Section 49 of the Act deals with the effect of non-registration.

Section 49:
49. No document required to be registered under this Act or under any earlier law providing
for or relating to registration of documents shall-
(a) operate to create, declare, assign, limit or extinguish, whether in present or in future, any
right, title or interest, whether vested or contingent, to or in immoveable property, or
(b) confer any power to adopt,
unless it has been registered.

Time of registration
Part IV (Section 23-27) of the Act deals with time for presenting the documents for
registration. A documents should be submitted with the Registrar within three months from
the date of its execution. However, in certain circumstances, Registrar may pardon any delay.

Registration by Registering Officer –

If the Registering Officer is satisfied about identity of persons and if they admit about
execution of documents, and after registration fees are paid, the registering officer will
register the document. He will make necessary entries in the Register maintained by him.

Certification of registration -

After all formalities are complete, the Registering Officer will endorse the document with
word ‘Registered’, and sign the same. The endorsement will be copied in Register maintained
by the Registering Officer. After registration, the document will be returned to the person
who presented the document. The Certificate shall be admissible for proving that the
document has been duly registered and the facts mentioned on the document as
endorsements, have occurred as therein mentioned.
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Documents of which registration is optional

According to section 18, All other documents not required by section 17 to be registered are
optional for registration.

Documents Exempted from Registration

Certain documents executed by or in favour of the Government are exempted from

registration by virtue of section 90 of the Registration Act 1908-

(a) documents issued, received or attested by any officer engaged in making a settlement or
revision of settlement of land-revenue, and which form part of the records of such settlement;
or 

(b) documents and maps issued, received or authenticated by any officer engaged on behalf
of Government in making or revising the survey of any land, and which form part of the
record of such survey; or

(c) documents which, under any law for the time being in force, are filed periodically in any
revenue-office by patwaries or other officers charged with the preparation of village-records;
or

(d) sanads, inam title-deeds and other documents purporting to be or to evidence grants or
assignments by Government of land or of any interest in land; or

(2) All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to
have been and to be registered in accordance with the provisions of this Act.
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Tabular Representation of Situations / documents wherein registration is compulsory /

optional under Sec.17 and Sec.18 of the Registration Act, 1908:

Sl.No Situation / documents Registration requirement

1. Gift of immovable property Compulsory
2. Transfer of right, title or interest, whether Compulsory
vested or contingent, of an immovable
property, wherein the value exceeds
Rs.100/-.
3. Receipt or payment of any consideration on Compulsory
account of creation, declaration
assignments, limitation or extinction of any
such right, title or interest.
4. Lease of immovable property for any term Compulsory
exceeding one year or reserving a yearly
rent.
5. Transfer or assignment of decree / order of a Compulsory
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/-.
6. Composition Deed Not applicable
7. Any instrument relating to shares in a Joint Not applicable
Stock Company, notwithstanding that the
assets of such company consist in whole or
in part of immovable property.

8. Any debenture issued by any such company Not applicable

and not creating, declaring, assigning,
limiting or extinguishing any right, title or
interest, to or in immovable property except
in so far as it
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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.

9. Any endorsement upon or transfer of any Not applicable

debenture issued by any such company.
10. Any document that does not create, declare, Not applicable
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.

11. Any decree or order of a Court except a Not applicable

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.

12. Any grant of immovable property by the Not applicable

Government

13. Any Instrument of partition made by a Not applicable

Revenue office
14. Any order made under the Charitable Not applicable
Endowments Act 1890 vesting any

property in a Treasurer of Charitable

Endowments or divesting any such
Treasurer of any property.

15. Any endowment on a mortgage deed Not applicable

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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.

16. Any certificate of sale granted to the Not applicable

purchaser of any property sold by public
auction by a Civil or Revenue Officer.

17. Authority to adopt a son and not conferred Compulsory

by a Will.

18. Instruments which create, assign, declare or Optional

limit any title or interest, wherein the value
of the immovable property is less than
Tk.100/-.

19. Lease of immovable property not exceeding Optional

one year.

20. Transfer or assignment of decree / order of a Optional

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
Tk.100/-.
21. Wills Optional