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                    REGISTRATION &
                      SEARCHING
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                     The Registration Act, 1908
                      is a Consolidating Act and not an Amending Act. It extends
                      to the whole of India except the State of Jammu and
                      Kashmir . The Preamble of the Act states "An Act to
                      consolidate that enactments relating to the Registration
                      of Documents". The object of such consolidation is the
                      reduction in to a systematic form of the whole provisions
                      contained in number of statues relating to the
                      Registration of documents. Registration system was almost
                      unknown to the Indian people due to the lofty ethics. But
                      time gradually began to change and the need for compulsory
                      registration was felt, especially in the declining Moghul
                      period of the 18 th Century so that no one could claim any
                      interest on any forged document or Sanad during or on the
                      eve of the British Rule. Provincial laws were passed from
                      time to time for the establishment of offices of
                      registration.  
                       
                      By Act VIII of 1871, the office of the Registrar General
                      was abolished under the altered designation of "Inspector
                      General of Registration" as an office of record and
                      registry and the limitation of the duties to Inspection
                      and General Superintendence.  
                       
                      After several amendments, the present Registration Act
                      (XVI of 1908) came into force on 1 st January 1908 . The
                      provisions relating to the registration of documents were
                      scattered about in seven enactments and the object of
                      passing of this Act was to collect these provisions and
                      incorporate them in one Act. Even after that it has gone
                      through several amendments and the Registration Act,1908
                      was adapted with some changes finally. 
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                    THE OBJECTS OF THE LAW OF REGISTRATION ARE
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                      1) to provide
                        conclusive guarantee of the genuineness of document  
                        2) to afford publicity to transactions 
                        3) to prevent frauds 
                        4) to afford facility of ascertaining whether a property
                        has already been dealt with and 
                        5) to afford security of title deeds and facility of
                        proving titles in case the original deeds are lost or
                        destroyed 
                       
                        But registration does not effect to the following :
                       
                      6) Registration is not by itself
                        absolute proof of the execution of a document 
                        7) mere registration does not prove title nor prove
                        bonafides; 
                        8) registration does not confer validity upon an
                        instrument which is otherwise ultravires or illegal or
                        fraudulent. There are XV parts and 91 sections in the
                        Registration Act, which deals with the Registration
                        Establishment, registrable documents   compulsory &
                        optional registration, time for presentation of
                        documents; presenting documents for registration,
                        enforcing the appearance of the executants and
                        witnesses, presenting wills and authorities to adopt,
                        deposit of wills, effects of registration and
                        non-registration, the duties and powers of Registering
                        officers, refusal to register etc. 
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                    Some of the important sections of the
                      registration Act are:
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                             Section 16 A  
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                             Keeping of Books in computer floppies, diskettes
                              or any other electronic form;  
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                             Section 17  
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                             Documents of which registration is compulsory,  
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                             Section 18  
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                             Documents of which registration is optional,  
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                             Section 23  
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                             Time for presenting documents,  
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                             Section 27  
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                             Wills may be presented at any time  
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                             Section 28  
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                             Place for registering documents relating to
                              land/immovable property.  
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                             Section 30  
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                             Regarding registration by Registrars in certain
                              cases has been omitted and in West Bengal section
                              30A and 30B have been inserted for registration by
                              Registrar of Assurances , Kolkata in respect of
                              properties situated in any part of West Bengal and
                              in any part of India in cases of deed of mortage
                              and reconveyance deed executed by an employee of a
                              Government, a statutory body or a local authority.
                             
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                             Section 31  
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                             Registration at Private residence.  
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                             Section 32A  
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                             has been inserted by Act, 48 of 2001 (with effect
                              from 24.9.2001) or compulsory affixing photographs
                              and fingerprints to the documents.  
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                     There are many
                        other important sections and in case of any difficulty
                        the said Act may be consulted. 
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