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Thread: What are documents which are required to be registered compulsory? (1999)(2002)(2004)

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    Word Icon 35px Jpg.ashx What are documents which are required to be registered compulsory? (1999)(2002)(2004)

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    1. Introduction:
    All sorts of documents are not compulsorily registrable in the registration act there are documents which require registration. documents required under the registration act to be registered loose evidentiary value and shall not be admitted in evidence if they are not so registered.
    2. Relevant provisions:
    Sec. 17 registration act.
    3. Documents of which registration is compulsory:
    Following are document of which registration is compulsory.
    (i) Instrument of gift:
    Instruments of gift of immoveable property are compulsory registrable under the registration act.
    Gift under Islamic law
    1987 SCMR 1403

    The registration of hiba or gift under Islamic law is not compulsory.
    (ii) Non-testamentary instrument:
    Other non-testamentary instruments which purport of operate to creat, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent of the value of one hundred rupees and upwards, to or in immoveable property.
    Non-testamentary instrument:
    Every document which is not a will or codicil is called non-testamentary instruments.
    (iii) Instrument relating to receipts:
    Non-testamentary instruments (other than the acknowledgement of a receipt or payment made in respect of any transaction to which an instrument registered under clause (a) relates which acknowledged of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, tile or interest.
    (iv) Lease deed:
    Lease of immoveable property from year to year or any term exceeding one year or reserving a rent.
    (v) Instrument relating to decree and order:
    Non-testamentary instruments transferring or assigning 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, of the value of one hundred rupees and upwards, to or in immoveable property.
    4. Other registrable documents:
    Following are the documents which should also be registered.
    (i) Mortgage deed.
    (ii) Dower deed
    (iii) Debenture.
    (iv) Adoption deed.
    (v) Instrument of lease.
    (vi) Compromise deed.
    (vii) Sale certificates.
    (viii) Sale deeds
    5. Scope:
    Sec. 17 enumerates the documents which are comulsorily registerable. the effect of not registering a document compulsorily registerable is that it can not effect any immoveable property.
    6. Document executed in foreign state:
    Document executed in foreign state which is compulsorily registerable according to the law of state and which is not so registered is not admissible evidence.
    7. Conclusion:
    To conclude I can say that document requiring registration under Sec. 17 of the registration act must be registered. this section establishes the necessity for registration with regard to certain classes of documents.

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