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View Full Version : What are the document on which registration is optional. (2000)(2003)



vustudents
08-31-2012, 03:10 PM
1. Introduction:
All sorts of documents are not compulsorily registreable under the registration act there are documents on which registration is at the option of the party. the non-registration of such documents does not effect the validity or admissibility in the evidence.
2. Relevant provisions:
Sec. 17, 18 the registration act.
3. Documents of which registration is optional:
According to Sec. 18
"Any document not required to be registered under Sec. 17 also be registered under act."
4. Instances of documents:
Following are instances of document of which registration optional.
(i) Will:
Will are not be compulsorily registreable.
Case law
1986 CLC 372
The will by a Muslim does not require registration form of will is completely immaterial. it can be made either verbally or in writing. registration act does not require a will to be registered.
(ii) Power of attorney:
Power of attorney need not be registered. however it can be registered at the option of the party.
(iii) Agreement to sell:
1989 CLC 1318
Agreement to sell does not need to be registered under the registration act.
(iv) Agreement for partition:
Agreement for partition does not need to be registered.
(v) Instrument creating tenancy for a year or less:
Instrument creating tenancy for a year or less than one year need not to be registered.
(vi) Promissory note:
Promissory note are not compulsorily registreable. however a promissory note may be registered at the option of the party.
(vii) Agreement of mortgage:
Agreement of mortgage may be registered at the option of the party.
(viii) Deed of adoption:
A deed of adoption may be registered at the option of the party.
(ix) Contracts and bounds:
Simple contracts and bounds may be registered under the registration act.
(x) Releases:
A release is not compulsorily registreable. it may be registered at the option of the party.
5. Scope:
Sec. 18 explains that all those document other than those required to be registered under Sec. 17 are optionally registreable under this present act.
6. Conclusion:
To conclude I can say that, under the registration is optional at the party if such documents are not registered it does not loose its value.