Registration Act Assignment

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Assignment On
“Refusal ground and remedy of registration Act ”
Course Title: Specific Relief Act, Public Demand Recovery Act,

Registration Act
Course Code: LLB -704
Submitted to
Mrs. Nusrat Hasina
Assistant Professor, Department of Law
Prepared By
Iftekar Alam Munna
ID: 1824050010
Date of Submission: 23/05/2021

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ACKNOWLEDGMENT
I owe an enormous debt of gratitude to my course teacher Mrs. Nusrat Hasina

for her masterful presentation on Registration Act and also for her helpful
guidelines and inspirations on studying law in general have greatly shaped my
understanding of legal reasoning and methods. In particular, her ardent support
and encouragement in various steps of this work, and constant guidance and
directions has relentless motivated me to complete the project.
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Table of Contents
Serial Topic Page No.

no.
01 Introduction 05
02 Importance of Registration 06
03 Refusal to Register the Documents 08
04 Remedies of Registration act 10
05 Conclusion 12
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Abstract
In this assignment, I seek to provide a deeper understanding on Refusal

ground of registration Act to resolve, secondly, I will introduce us that how it’s
worked in a remedies under this act and finally, I am going to illustrate how its
works and importance really relevance to procedure.
For start with the development of the research, it is important to have full
knowledge about the main topic that I am going to develop during the course of
the document, I mean, Registration Act,1908 Within this document, there are
include some of the rights that probably could be the most important ones.
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Introduction
The registrations act illustrates about the procedure of registering, what

documentations should be registered and how it should be done. The
registration of Will documents, powers and duties of the registrations
department. It also explains about the penalties and punishment for not
following the procedure and not completing things on time. This Acts brings a
good administration system among government offices and the court system
that everything should be managed with in time and in a proper procedure in
order to avoid future confusions. The purpose of the Registration Act, among
other things, is to provide a method of public registration of documents so as to
give information to people regarding legal rights and obligations arising or
affecting a particular property, and to perpetuate documents which may
afterwards be of legal importance, and also to prevent fraud. Registration lends
inviolability and importance to certain classes of documents. The scheme of the
Act is to consolidate the law relating to registration and to provide for the
establishment of its registration. It lays down what documents require
compulsory registration. Thus, a document creating an assignment of a debt will
not require registration, but a document assigning rents will require registration.
If the power of attorney in question is to be treated as creating an equitable
assignment of rents, it will require registration and if not registered, will be void
and unenforceable. 1The power of attorney does not create or recognize any
right in or relating to any immovable property or benefit arising there from in
favor of the bank. It merely authorizes the bank to act as the company's agent to
perform the acts stated therein. The question whether a machinery which is
1 Haque, M. A. (2015). A commentary on the registration act: all amendments and recent rulings included. Universal
Book House.
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embedded in the earth is movable property or an immovable property, depends

upon the facts and circumstances of each case; primarily, the Court will have to
take into consideration the intention of the parties when it decided to embed the
machinery whether such embedment was intended to be temporary or
permanent.
Importance of Registration
The Registration Act, 1908, was enacted with the intention of providing
orderliness, discipline and public notice in regard to transactions relating to
immovable property and protection from fraud and forgery of documents of
transfer. This is achieved by requiring compulsory registration of certain types of
documents and providing for consequences of non-registration. Section 17 of
the Registration Act clearly provides that any document (other than testamentary
instruments) which 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 TK 100 and upwards to or in immovable
property. Section 49 of the said Act provides that no document required by
Section 17 to be registered shall, affect any immovable property comprised
therein or received as evidence of any transaction affected such property, unless
it has been registered. Registration of a document gives notice to the world that
such a document has been executed. Registration provides safety and security
to transactions relating to immovable property, even if the document is lost or
destroyed. It gives publicity and public exposure to documents thereby
preventing forgeries and frauds in regard to transactions and execution of
documents. Registration provides information to people who may deal with a
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property, as to the nature and extent of the rights which persons may have,
affecting that property. In other words, it enables people to find out whether any
particular property with which they are concerned, has been subjected to any
legal obligation or liability and who is or are the person/s presently having right,
title, and interest in the property. It gives solemnity of form and perpetuate
documents which are of legal importance or relevance by recording them, where
people may see the record and enquire and ascertain what the particulars are
and as far as land is concerned what obligations exist with regard to them. It
ensures that every person dealing with immovable property can rely with
confidence upon the statements contained in the registers (maintained under
the said Act) as a full and complete account of all transactions by which the title
to the property may be affected and secure extracts/copies duly certified. 2
Objective of Registration:
The main purpose of registration of documents or the object of The Registration

Act 1908, amongst other things is to provide a method of public registration of
documents so as to give information to people regarding legal rights and
obligations arising or affecting a particular property and to perpetuate
documents which may afterwards be of legal importance, and also to prevent
fraud.
Therefore the objectives can be listed as follows:

1. The conservation of evidence,
2. Assurance of title, publicity of documents and prevention of fraud.
2 Goel S, 'The Registration Act, 1908: Critical Analysis Of The 1908 Act' [2016] SSRN Electronic Journal
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3. Registration ensures and safeguards the interest of an intending purchaser.
Refusal to Register the Documents
Every sub-registrar refusing to register a document except on the ground that

the property to which it relates is not situated within his sub-district, shall make
an order of refusal and record his reason for such order in his book and endorse
the word "Registration Refused" on the document and on application may by
any person executing or claiming under the document shall without payment
and necessary delay give him a copy of the reasons so recorded. No registering
officer shall accept for registration a document so endorsed unless and until,
under the provisions here in after contained the document is directed to be
registered. The refusal could be on the ground of jurisdiction of the sub-registrar
or for non-compliance of rules and procedure. Some of the grounds on which
there could be a refusal by the sub-registrar to register a document are listed
below:
1. The document is in a language not understood by the registering officer, or a

language not commonly used in the district; and translated version of the same
is not produced along with the document.
2. The document has corrections, alterations, erasures, interlineations blanks,

which are not attested by the executant.
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3. The description of the property is insufficient to identify and the document is

not accompanied by a copy of the map, plan as required under the relevant
provisions.
4. The document is presented after prescribed time limit.
5. The document is presented by a person who has no right to present it.
6. The executants or their authorized representative, assigns, agents did not

attend to registration within the prescribed time.
7. The sub-registrar is not satisfied as to the identity of the person appearing

before him as executant or he is not identified to the satisfaction of the sub-
registrar.
8. The date of execution is not mentioned in the document or correct date is not
possible to be ascertained or the date of execution is altered making it
impossible to ascertain.
9. The Sub-registrar is not satisfied as to the right of person appearing as agent

or representative or assignee.
10. The execution is not admitted by person said to have executed or his agent.
11. The person supposed to have executed the document is a minor, idiot,
lunatic, not competent to contract.
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12. In case where the executant is dead and the execution by such deceased
person is denied by his representative or assignee.
13. In case of more than one representative of the deceased and when some of
them admit the execution and others deny the execution, it will be treated as
refusal and registration may be refused.
14. The death of the person who is supposed to have executed is not
conclusively proved when the document is presented by his representatives or
assignees.
15. The sub-registrar is not satisfied as to the fact of execution of Will presented
after the death of the testator or donor.
16. The prescribed fee, penalty under any other law in force for time being has
not been paid3
Remedies of Registration act
Remedies of the Registration Act, amongst other things, is to provide a method

of public registration of documents so as to give information to people regarding
legal rights and obligations arising or affecting a particular property, and to
perpetuate documents which may afterwards be of legal importance, and also to
prevent fraud. Registration lends inviolability and importance to certain classes
3 (2021) <https://www.latestlaws.com/articles/all-about-the-registration-act-1908/> accessed 10 May 2021

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of documents. Registration is deemed to prevent fraud. The object of registering

a document is to give
notice to the world that such a document has been executed. Registration of a
document does not confer the title over the property as mentioned in the
document registered, but provides an evidence of such transactions being
registered, based on which title over the property could be established. For
registration of documents relating to conveyance of properties belonging to
Government, local bodies or religious institutions, “No Objection Certificate” is
required from the relevant authorities concerned. Most common remedies used
by plaintiff describe below.
1. The Registration Act, 1908 was implemented to provide discipline and public
notice concerning transactions in relation to immovable property. The Act
provides for mandatory registration of certain documents to protect them from
any type of fraud.
2. It acts as a valid proof and aids a person in taking a legal action during any
dispute.
3. It ensures transparency in deals.
4. It’s easier to find out if there’s any impediment or ongoing litigation with regard
to a property if the document is registered.
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Conclusion
Registration of documents is mandatory to prevent any property dispute. The

necessary documents must be properly registered by following the procedure
mentioned under this Act otherwise it may become invalid. It also provides for a
proper administration in the court system within a definite time frame.
Registration means recording or entering precisely certain information in the
designated place of public records as mandated by statute. Registration
basically is a book of public records.

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1

“Refusal ground and remedy of registration Act ”

Course Title: Specific Relief Act, Public Demand Recovery Act,

Date of Submission: 23/05/2021

I owe an enormous debt of gratitude to my course teacher Mrs. Nusrat Hasina

Serial Topic Page No.

In this assignment, I seek to provide a deeper understanding on Refusal

The registrations act illustrates about the procedure of registering, what

embedded in the earth is movable property or an immovable property, depends

The main purpose of registration of documents or the object of The Registration

Therefore the objectives can be listed as follows:

3. Registration ensures and safeguards the interest of an intending purchaser.

Refusal to Register the Documents

Every sub-registrar refusing to register a document except on the ground that

1. The document is in a language not understood by the registering officer, or a

2. The document has corrections, alterations, erasures, interlineations blanks,

3. The description of the property is insufficient to identify and the document is

4. The document is presented after prescribed time limit.

5. The document is presented by a person who has no right to present it.

6. The executants or their authorized representative, assigns, agents did not

7. The sub-registrar is not satisfied as to the identity of the person appearing

9. The Sub-registrar is not satisfied as to the right of person appearing as agent

Remedies of Registration act

Remedies of the Registration Act, amongst other things, is to provide a method

3 (2021) <https://www.latestlaws.com/articles/all-about-the-registration-act-1908/> accessed 10 May 2021

of documents. Registration is deemed to prevent fraud. The object of registering

3. It ensures transparency in deals.

Registration of documents is mandatory to prevent any property dispute. The

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