Law Relating to Registration of Documents Act, 1908

The registration of documents is a crucial aspect of property law, providing authenticity and legal enforceability to transactions. The Indian Registration Act, 1908, governs the registration process, ensuring that documents related to immovable property and other significant agreements are duly recorded. This article explores various facets of document registration, including classes of documents, exceptions, the impact of registration on oral agreements, consequences of non-registration, appeals, and key concepts like the transfer of property and the doctrine of lis pendens. 

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Classes of Documents

1. Compulsory Registration : Includes documents such as sale deeds, mortgages, leases (for more than one year), and gift deeds of immovable property.
2. Optional Registration : Includes documents like wills and agreements related to movable property, which can be registered at the discretion of the parties involved.

Exceptions to Section 17(1)

1. Instruments related to immovable property valued below ₹100 .
2. Testamentary documents such as wills .
3. Leases for a term less than one year .
4. Documents creating an interest in immovable property of value less than ₹100 .

Registered Document Relating to Property When to Take Effect Against Oral Agreement

Consequences of Non-Registration of Documents Required to be Registered Compulsorily

1. Inadmissibility in Court : The document cannot be used as evidence in any legal proceeding.
2. Loss of Legal Validity : The transaction is not legally recognized, affecting the transfer of rights or interests in the property.
3. Risk of Fraud : Unregistered documents can lead to disputes and fraudulent claims.

Appeal to Registrar

Meaning of Transfer of Property

Who Can Transfer the Property?

1. Property Owner : The individual or entity holding legal title to the property.
2. Authorized Representatives : Persons empowered by law or through a power of attorney to execute transactions on behalf of the owner.
3. Trustees and Executors : Individuals managing property on behalf of beneficiaries.

Doctrine of Lis Pendens

Rights of Mortgagee and Remedies

1. Right to Foreclosure : The mortgagee can seek to foreclose the mortgagor's right to redeem the property.
2. Right to Sell : In case of default, the mortgagee can sell the mortgaged property to recover the loan amount.
3. Right to Possession : The mortgagee can take possession of the property if stipulated in the mortgage agreement.
4. Right to Sue for Debt : The mortgagee can file a suit for the outstanding loan amount if the sale proceeds are insufficient.