Optional registration of documents under the registration act, 1908

Optional registration of documents under the registration act, 1908

1. OPTIONAL REGISTRATION OF DOCUMENTS UNDER THE REGISTRATION ACT, 1908 PRESENTED BY: ISHA KHALID

2. INTRODUCTION : All sorts of documents are not mandatory to be registered under the Registration Act, 1908 there are some documents for which the registration is at the option of the party. In the case of non-registration of such documents, it does not effect the validity or admissibility in the evidence.

3. RELEVANT PROVISIONS: Section 18 of the Registration Act, 1908 deals with the documents for which registration is non-mandatory.

4. DOCUMEMTS FOR WHICH REGISTRATION IS OPTIONAL: According to Sec 18 of Registration Act, 1908; “Any document not required to be registered under Section 17 may also be registered under this act."

5. Following are the document for which registration is optional;

6. WILL : Will is such document for which registration is not mandatory. It is on the discretion of the party who may registered it or not. Case law 1986 CLC 372 The will by a Muslim does not require registration. It can be made either in writing or verbal. Registration Act, 1908 does not require a will to be registered.

7. POWER OF ATTORNEY: A power of attorney is a legal document giving one person the power to act on behalf of another person. Power of attorney need not to be registered. It is on the discretion of the party who may registered it or not.

8. AGREEMENT TO SELL: Agreement to sell is a document for which registration is not mandatory. It is on the discretion of the party who may registered it or not. Case law 1989 CLC 1318 Agreement to sell does not need to be registered under the registration act.

9. AGREEMENT FOR PARTITION: Agreement for partition does not need to be registered. It is on the discretion of the party who may registered it or not.

10. LEASE : Lease of immoveable property is need not to be registered which is less then 1 year. It is on the discretion of the party who may registered it or not.

11. PROMPROMISSORY NOTE: Promissory note are not mandatory to be registered. It is on the discretion of the party who may registered it or not.

12. DEED OF ADOPTION: A deed of adoption is not mandatory to be registered. I t is on the option of the party who may registered it or not.

13. COURT DECREE, ORDER OR AWARD: Any Court decree, order or award which is creating a right in immovable property but less then 100 rupees need not to be registered. It is on the discretion of the party whether, they registered it or not.

14. Thank you