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Thread: What are the document on which registration is optional. (2000)(2003)

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    Word Icon 35px Jpg.ashx What are the document on which registration is optional. (2000)(2003)

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    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.

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