Registration of Documents Mandatory and Compulsory Registration – Indian Judiciary – Free PDF Download

Section 17 of the Act describes the document which compulsory to register. Those are as follows:
1.Instrument of Gift of immovable property.
2.Non-testamentary instruments/decree or order of court which are purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above or by acknowledging receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest.
A testamentary trust is one that is set forth in a will and may continue long after the death of the testator. Non-testamentary instrument means a document between a living persons.
3.non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest.
4.Lease of immovable property for a period exceeding one year or rent is paid yearly;
(exempt any lease which do not exceed five years and the annual rents reserved by which do not exceed fifty rupees.)
4.Contracts for transfer of immovable property for a consideration as per Section 53A of Transfer of Property Act, 1882 which is executed on or after the commencement of this act.
 Nothing in section 17 related to non testamentary documents applies to-

• any composition/compromise deed.
• instrument relating to shares in a joint stock Company.
• any debenture issued by any such Company.
• any endorsement upon or transfer of any debenture.
• any grant of immovable property by Government.
• any instrument of partition made by a Revenue-Officer.
• any certificate of sale granted to the purchaser of any property sold by public auction by a Civil or Revenue-Officer.etc.

OPTIONAL REGISTRATION
But not all documents have to be registered. Section 18 provides for optional registration of some documents such as:-
1.Adoption Deed
2.Instrument relating to shares in joint stock company
3.Debentures issued by joint stock company
4.Will.
5.Lease of immovable property not exceeding 1 year
6.Document of a past transaction

7. Power of Attorney with respect to movable property
8. Decree or order of court comprising an immovable property valued below Rs. 100
9. Certificate of Sale granted
10. Agreement of Mortgage
11. Promissory note
12. Instrument of partition by Revenue Officer
13. Grant of immovable property by Government

Hafeeza Bibi & Ors. Versus Shaikh Farid (Dead) by LRs. & Ors.
A bench of justices R M Lodha and S S Nijjar of Supreme Court held that A gift of immovable property made by a Muslim is valid even if it is not registered under the Transfer of Property Act or the Stamps and Registration Act.
Korukonda Chalapathi Rao & Ors v Korukonda Annapurna Sampath Kumar  LL 2021 SC 530
The Supreme Court has held that a family settlement document which merely sets out the existing arrangement and past transaction will not be compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908, if it doesn’t by itself creates, declares, limits or extinguishes rights in the immovable properties.

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