ASSIGNMENT ON:
COURSE TITLE: LAW OF TRANSFER OF PROPERTY
AND REGISTRATION.
COURSE CODE: LAW-303
SUBMITTED BY: GROUP-A
SUBMITTED TO: MS. AZIZUN NAHAR
ASSISTANT PROFFESOR
DEPARTMENT OF LAW AND HUMAN RIGHTS
UNIVERSITY OF ASIA PACIFIC.
DATE OF SUBMISSION: 8 APRIL, 2021.
INDEX
NO. REGISTRATION NAME OF PARTICIPATION
NO. THE PARTICIPANTS
1. 18211001 ATEEA SHREEN RATRI SECTIONS 18, 19 AND 20 OF
THE REGISTRATION ACT,
1908.
2. 18211002 RUMANA HELALI AZAD LIMA SECTIONS 29 AND 31 OF THE
REGISTRATION ACT, 1908.
3. 18211003 ANISUR RAHMAN SECTION 28 OF THE
REGISTRATION ACT, 1908.
4. 18211004 TANIMA ISLAM ALIF (GL) SECTIONS 17, 17A AND 17B
OF THE REGISTRATION ACT,
1908.
5. 18211005 MD. SHAREAR SARKER SECTIONS 23 AND 23A OF
THE REGISTRATION ACT,
1908.
6. 18211007 JOITA SARKAR SECTIONS 24, 25, 26 AND 27
OF THE REGISTRATION ACT,
1908.
7. 18211008 SHALAHIN TARAQUE SECTIONS 21, 22 AND 22A OF
THE REGISTRATION ACT,
1908.
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CRITICAL ANALYSIS ON THE SECTIONS OF THE
REGISTRATION ACT, 1908.
Registration means recording of Documents. The object of registration is to convert the evidence
and title. The title or interest over property is transferred to the other people through transfer of
property towards what registration of instrument is necessary. The Registration Act, 1908
consolidates the enactments relating to the registration of documents. In The Registration Act,
1908, there are provision related to compulsory registration of specific documents and other
registration related process.
SUMMARY OF SECTIONS 17 AND 17A OF THE REGISTRATION
ACT, 1908:
Section 17 of The Registration Act, 1908 is basically about the document which registration is
mandatory; otherwise the consequences will be invalid. However, Section 17(1) of this Act defines
the instrument of gift of immovable property which means ownership transfer without
consideration. It also covers declaration of Heba, Gift under the personal Laws which needs to be
registered. Again, other Non-Testamentary Documents which operate to create, declare, limit
whether present or future, vested or contingent, receipt of consideration, instrument of mortgage
that transfer of interest to a specific immovable property to give security of repay the loan. It is to
be mentioned that as per The Transfer of Property Act, 1882, Mortgage Deed shall be effected
after the registration. Lease of an immovable property, Instrument of Partition, Sale, Adoption
authority of son as per section 17(3) of the said Act and also non-testamentary instrument which
is transferring any decree or order of a Court. So these are the documents which registration is
mandatory. As per Section 17(2) of this Act, it is not compulsory, rather it is optional and those
documents are such as Debenture which is issued by any such company, any Endorsement or any
Composition Deed and so on. Moreover, Section 17A of the said Act also states about the
compulsory registration for the contract for sale which must be in written form and to be registered
within 30 days of the execution.
COMMENT REGARDING SECTIONS 17 & 17A OF THE REGISTRATION ACT, 1908:
i) We register the instrument so that we can save the documents from cheating, fraud.
So this section works a shield for the documents.
ii) In addition, if any dispute will arise in future regarding validity of the documents then
if the documents are registered, it will help us to take any sort of legal actions.
iii) When a document is registered it is filled on the registration office so it is quite easier
to us to find any details regarding the property.
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SUMMARY OF SECTION 17B OF THE REGISTRATION
ACT, 1908:
This Section contains pre-registration process of the instrument of contract for sale. Here in this
Section, it refers the effect of unregistered contract for sale executed prior to Section 17A that is
some rights maybe available to the parties if the contract for sale is not registered. The party to the
contract shall, within six months from the effectiveness of Section 17A, can present the instrument
of sale of immovable property or contract for sale itself for registration or if any party becomes
aggrieved within the mentioned Cause (a), then it shall institute a suit for rescission of the contract
in Six month next after the expiration of the time period of clause (a) and status of the contract
shall void. However this will not apply to contract for sale of immovable property against which
civil suit has been instituted before effectiveness of section 17A of The Registration Act, 1908.
COMMENT REGARDING SECTION 17B OF THE REGISTRATION ACT, 1908:
It gives protection to the party who are unregistered for contract for sale.
SUMMARY & ANALYSIS OF SECTION 18 OF THE
REGISTRATION ACT, 1908:
DOCUMENT OF WHICH REGISTRATION ARE OPTIONAL:
Section 18 is a dependent Provision. It does not indicate any specific Document; rather
incorporates the documents towards which Registration is not made mandatory as it is to
the documents which are mentioned in Section 17 of such Act. Thus this Section is
considered as incomplete without the support of Section 17 whereby the following
documents are required to be registered under This Act:
- Gift of immovable property or Heba.
- Declaration for Heba under the Muslim Personal Law.
- Non-Testamentary Instrument creating rights on immovable property.
- Receipt of Consideration.
- Instrument of Mortgage.
- Lease.
- Non-Testamentary Instrument transferring or assigning any Decree or Order of a Court.
- Instrument of Partition of immovable property.
- Instrument of Sale.
- Authorities to adopt a son.
- Contract for sale of an immovable property.
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As per Section 18, the document expect the above mentioned ones can also be registered under
this Act which is fully depended upon the desire of Parties. For Example: The Instrument of
Agreement to sale can be registered under this Act if any of the parties agrees to do so.
Basically, it has exposed the opportunity to be protected under this Act in favor of the documents
which are not mentioned to be registered mandatorily.
It is undoubtedly a good Provision as the Documents, towards which Registration is not made
mandatory, can also acquire the benefits of Registration; such as – State guarantee.
SUMMARY & ANALYSIS OF SECTION 19 OF THE
REGISTRATION ACT, 1908:
DOCUMENTS IN LANGUAGE NOT UNDERSTOOD BY REGISTERING OFFICER:
Section 19 of this Act is considered as discriminatory Provision as the Registration of Documents
shall be refused if it is written in such Language which is not understable by the Registering Officer
and commonly used in the specific part of the territory or District.
It is discriminating in a sense that the small ethnic group of Bangladesh namely Chakma has their
own Language which is Indo-Aryan Language. It is natural that they prefer to make their
Documents in their own Language, but it is quite possible that a Registering Officer may not
understand their Language.
This Section to some extant is found contradictory with Article 27 of The Constitution of The
People’s Republic of Bangladesh as the citizens with another Language cannot register their
document in their own Language which simply means that they do not get the same
favor/protection of this Law.
Moreover, the document in another Language is directed to be accompanied with the translation
into the commonly used Language where the residual accessory cost needs to be borne by the
person applying for Registration which may sometimes discourage the people with another
Language to register their documents in order to avoid the extra hindrance.
RECOMMENDATION:
i) A multilingual speaker should be appointed in every Registry Office; or
ii) Government should grant the cost of transfer of Language in the Document.
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SUMMARY & ANALYSIS OF SECTION 20 OF THE
REGISTRATION ACT, 1908:
DOCUMENTS CONTAINING INTERLINATIONS, BLANKS, ERASURES OR
ALTERATIONS:
Section 20 is considered as a Fraud Preventive Mechanism as the Registering Officer can refuse
to register any Document having interlineation, blank, erasure or alteration which are not further
attested with the signatures of the executor. This part of the Section has disclosed the option to
acknowledge the executor about the defect belonging in the document in order to avoid further
complexity.
Moreover, the Registering officer has become dutiful to keep such fact of irregularity in Record in
the case of registering such Document which will further act as en evidence of the incident.
SUMMARY & ANALYSIS OF SECTION 21 OF THE
REGISTRATION ACT, 1908:
Short title of section is Description of property and maps or plans. It contains 4 Sub-sections
which are explained below-
SECTION 21(1) OF THE REGISTRATION ACT, 1908:
In case of the non-examine immoveable property, the property must have to be identified by some
maps or document to justifies its existence else it cannot be registered under The Registration Act,
1908. The immoveable property must have to be something which will ensure that it’s in there like
any government maps or in any survey which took place of that area to identify it. This provision
is here just to avoid unexpected situation like: if someone in bad intention can make a sell deed
which is not even there.
SECTION 21(2) OF THE REGISTRATION ACT, 1908:
Every city is planned or at least they have holding for the identification of the plot. The Section
made it clear that the to make a registration of property in metropolitan area the property must
have to be indicate the thorough location of it like which direction the house is faced (north- south,
east-west), which is the entrance and what will be the walking route for the house, how is the
drainage besides the house, the position of the house from the road, what is the neighboring
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situation around the property. Also the name of the people who used to own that said land should
also be written in the registration to keep the track. In one line, every little details to clear the
position of the house to make the position of the property clear.
SECTION 21(3) OF THE REGISTRATION ACT, 1908:
In the registration the name of the house, people who used to own the place earlier their name,
road, the plots besides it, the position in any survey or governmental maps should be mention in
the registration to make its position clearer. It’s almost like the Sub-section 2.
SECTION 21(4) OF THE REGISTRATION ACT, 1908:
Unauthorized documents containing prove of the property is not acceptable in the registration. The
original are real maps should be given at the time of the registration. This is just to make sure that
there isn’t any fraudulent in the registration.
SUMMARY & ANALYSIS OF SECTION 22 OF THE
REGISTRATION ACT, 1908:
Short title of Section 22 of The Registration Act, 1908 is Description of Houses and land by
reference to government maps or surveys.
According to the State Government, if it is possible to describe houses that are not located in any
city and land according to government map or survey references, will be known as aforesaid shall
for the purposes of section 21, by the Government, and by rules made under this Act. It means if
any place was recorded in the map of any government survey or any maps that government may
make it absolute by law. It will help the government to trace out the area in a fast and smooth way.
If it fails to go with the Sub-section 2 & 3 of Section 21, it will still be entitle to do the registration
if the property is describe in a manner that makes it legit and sufficient enough to identify the
property. Mere conflict with such section should not be a barrier for the registration of such a solid
property. You see, government works took time and it will be a suffering for the people if the maps
are not ready on time so for the sake of the comfort of the people this Section is important.
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SUMMARY & ANALYSIS OF SECTION 22A OF THE
REGISTRATION ACT, 1908:
Short title of Section 22A of The Registration Act, 1908 is Instrument of transfer.
All the sale deeds or transfer deeds must have to be registered under this act and it is a compulsory
provision. The registration should contains the mode of the instrument like is it a sale deed of gift
or donation. The wholesome description of the said property should also be mentioned in the
registration. And if there is any transection in the instrument then all the details of the transection
must be mention the registration.
As a procedural rule and for the verification of the people involved in the instrument, the photos
of them must be attached or pasted in the instrument and they must sign and give the figure print
of their left hand thumb. People whose cannot sign is not a problem their figure print will do. This
is just prove of the instrument and keeping track of the people involved in the registration and for
future good.
The government shall, within three months of coming into force of the Registration (Amendment)
Act, 2004 by notification in the official Gazette, prescribe a format for the purposes of this section.
SUMMARY & ANALYSIS OF SECTION 23 OF THE
REGISTRATION ACT, 1908:
It contains two sub sections.
Section 23 is described in “Part IV” of the Registration Act, 1908 which basically deals with the
time of registration; Short title of section 23 is “Time for presenting document”.
- When the donor signs the document, it will be deemed that the document has been
executed. That means, we can say that the signature of the donor is called the performance
to execute the document. The date on which the donor sings the document it says the date
of execution. Execution of deed and registration of deed is not the same things and Section
23 says about the time of the presentation of the registration which is start from the date of
execution the deed.
SUMMARY OF SECTION 23 OF THE REGISTRATION ACT, 1908:
In this section it has been said that within how many days a document has to be registered. Subject
to the conditions of sections 24, 25 and 26 if any document other than a will is not submitted to
the proper office for registration within 3 months from the date of its execution, it will no longer
be accepted for registration. There is a case about the time limitation of registration:
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In Mst. Hasina Begum vs Government of Bangladesh and other (24 DLR 6), the court held that
a period within which a document has to be presented for registration but once the presentation is
made in time, no period is prescribed as to within same must be registered.
Here in one sentence if we want to explain it we find that, the deed must submit to the proper office
with 3 month months from the date of its execution for registration.
This section also said something in proviso about time period of registration when the owner gets
his title from the decree or order of the court. A copy of decree must be submitted within 3 months
from the date of issue off the decree or when it is appealing to a higher court it may be submitted
within 4 months from the date of issuance of final decree. There is a case on which it established
very well that if the document did not submit within 3 months from the date of execution it will
not accepted for the registration.
In Ma Pwa May vs. S.R.M. M.A. Chettiar Firm case, Lord Atkin delivering the judgment of
the Board laid down the law in the following terms:
“Where the Registrar has no jurisdiction to register, as where the presentation is out of
time, Section 87 is inoperative.”
COMMENT REGARDING SECTION 23 OF THE REGISTRATION ACT, 1908:
If a document is submit after the 3 months of its execution it will not legally valid for the
registration and section 87 of this Act will not be able to validate it.
SUMMARY & ANALYSIS OF SECTION 23A OF THE
REGISTRATION ACT, 1908:
Short title of Section 23A is Re-registration of certain Documents.
- When a document is presented and registered in the registry office by person other than the
authorized person .Then the authorized person claim for re-registration of certain
documents.
SUMMARY OF SECTION 23A OF THE REGISTRATION ACT, 1908:
This Section provides for re-registration of the document and in which case re-registration of any
document will be required. If a document is presented and registered in the registry office by a
person other than the authorized person, then the claimant of the document can re-register the
document and validate it within 4 months of receiving the news of invalidity of the document. In
such re-registry, the registering officer shall register the said document in such a manner that it has
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not been registered before. If a document is re-registered in this way, it will be deemed to have
been registered on the first date.
The proviso of this Section it says that if a person submits a document to the officer for re-
registration within three (3) months from September 12, 1918, it shall not be taken into account
when the person received the news of such invalidity.
COMMENT REGARDING SECTION 23A OF THE REGISTRATION ACT, 1908:
This section stop fraud or illegal registration and give rights to the actual owner so that the person
get back the title which was taken by any other person illegally.
SUMMARY & ANALYSIS OF SECTION 24 OF THE
REGISTRATION ACT, 1908:
Short title of Section 24 is Document executed by several persons at different times.
When several persons execute a document at different time what will be the last time of
registration determined by this section.
SUMMARY OF SECTION 24 OF THE REGISTRATION ACT, 1908:
If any document has been executed by more than one person at different times, the 4 months fixed
for registration will be counted from when this rule is stated.
COMMENT REGARDING SECTION 24 OF THE REGISTRATION ACT, 1908:
This Act is stated here that documents for registration must be submitted within 3 months or re-
registration must be submitted within 4 months from the date of each execution. If there is more
than one executor, 4 months will be counted from the date of the last executor.
SUMMARY & ANALYSIS OF SECTION 25 OF THE
REGISTRATION ACT, 1908:
Short title of Section 25 is Provisions where delay in presentation is unavoidable.
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If a person is unable to submit the deed to the registry office for registration within the stipulated
time due to a suitable reason, then what is the remedy for it? This section also provides for
registration of documents which were not submitted within the stipulated time subject to payment
of appropriate penalty.
SUMMARY OF SECTION 25 OF THE REGISTRATION ACT, 1908:
It contains two Sub-sections.
Sub-section (1) of the Section 25 states that:
It is stated here that if a person fails to submit the document for registration within 4 months from
the date of execution and there is a valid reason for such failure, then the Registry Officer will pay
ten (maximum) times the registration fee as penalty. After that register officer can accept it to
registration.
Sub-section (2) of the Section 25 states that:
In order to register with this fine, an application has to be made to the Sub-Registry Officer in this
regard and the Sub-Registrar will send it to the Registrar.
In the case of Nabawdip Karmakar vs Madhu Sudan (7 DLR 235), court held that the District
Registrar is the sole and final authority and the question cannot be agitated in a civil court.
COMMENT REGARDING SECTION 25 OF THE REGISTRATION ACT, 1908:
Only the registrar can direct registration under this rule by taking ten (maximum) times the
registration fee as penalty.
SUMMARY & ANALYSIS OF SECTION 26 OF THE
REGISTRATION ACT, 1908:
Short title of Section 26 is Document executed out of Bangladesh.
If it is not possible to submit the document executed by a person residing abroad within the
stipulated time, then what is the procedure for its registration?
SUMMARY OF SECTION 26 OF THE REGISTRATION ACT, 1908:
It is stated here that if the Registry Officer is satisfied that the document has been executed and
that it (not the date of execution) has been submitted for registration within 4 months of its arrival
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in the country, then it is appropriate near to the registry officer will register the deed if he pays the
comment fee.
In Cal L. Jour case it’s held that both oral and written testimony can be given to prove the date of
delivery in the country.
SUMMARY & ANALYSIS OF SECTION 27 OF THE
REGISTRATION ACT, 1908:
Short title of Section 27 is Wills may be presented or deposited at any time.
SUMMARY OF SECTION 27 OF THE REGISTRATION ACT, 1908:
This Section states that there is no set time for will registration. Any time it can be submitted for
registration.
SUMMARY OF SECTION 28 OF THE REGISTRATION
ACT, 1908:
Section 28 of the Registration Act, 1980 described in Part-V which is about “The place of
Registration”.
It is about “The place for registering documents relating to land”. There are two sub-section which
are given following below:
i) Every document mentioned in Section-17, Sub-section (1), Clauses (a), (b), (c), (d) and
(e), Section-17, Sub-section (2), and Section-18, shall be presented for registration in
the office of a Sub-Registrar within whose Sub-district the whole or major portion of
the property to which such document relates is situate. Provided that where the majority
portion of such property is not situated within one sub-district the document shall be
presented for registration in the office of the Sub-Registrar within whose sub-district
any portion of such property is situate.
ii) When a registration is completed, after that any party shall not be entitled to question
the validity of its registration on the ground that sub-registrar has no jurisdiction to
register the document because the property did not exist or was fictitious or
insignificant or was not intended to be conveyed.
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POSITIVE SIDE OF THIS SECTION:
This section is very much specific on the place where the documents relating to land shall be
registered. It is a good section which is very helpful and favorable for the people.
NEGATIVE SIDE OF THIS SECTION:
This section says that Section 17, Sub-section (1), Clauses (a), (b), (c), (d) and (e), Sub-section-2
and Section-18, these documents relating to immoveable property shall be presented for
registration. But in Section 28, (f) and (g) of Section 17, sub-section 1 are missing. These two
clauses should be included in this section.
SUMMARY OF SECTION 29 OF THE REGISTRATION
ACT, 1908:
PLACE FOR REGISTERING OTHER DOCUMENTS:
Regarding other documents, it has been stipulated under Section 29 of the Act that Every document
recorded as a copy of the document or decree or order referred to in paragraph 28 may be submitted
to the office of the Sub-Registrar in whose sub-district the document was executed, or to any other
sub-registrar under the State Government where execution under the document exists. All persons
making and claiming want to be registered at the same time.
A decree or order for registration may be submitted to the office of the Sub-Registrar in whose
sub-district the original decree or order was issued, or where the decree or order does not affect
immovable property, in the office of any other sub-district - register under the State Government
where the decree or All persons claimed under the order wish to register the copy.
SUMMARY OF SECTION 31 OF THE REGISTRATION
ACT, 1908:
REGISTRATION OR ACCEPTANCE FOR DEPOSITE AT PRIVATE RESIDENCE:
The Submission, registration or submission of documents under this Act should only be made in
the office of the authorized officer for registration or deposit;
Provided that such officer may be required to be present at the residence of any person for special
reasons for registration or submission of will and may be accepted for registration or submission
of such document or submission of will.
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COMMENTS ON SECTIONS 29 & 31 OF THE REGISTRATION ACT, 1908:
Both Sections are important.
By Sections 29 and 3 public are acknowledged about the place of register any document without
being registered, a document is valueless. So it becomes important to be registered. By this
registration government authority gets the idea and gives the approval of the document. A
document can be damaged, but by the registration, it can be recovered. Registration is placing a
document in public records for due intimation to world by charging fee. At this junction, it is deal
to spell out the difference between Stamp Duty and Registration Fee. Stamp duty is collected for
the purpose of recognizing right by the State and whereas Registration is fee that is charged by the
State to keep document in public records.
- To give information to people regarding legal rights and obligations arising or affecting a
particular property.
- To perpetuate documents which may afterwards be of legal importance.
- To ensure proper preservation and record of documents. To prevent fraud.
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