INTRODUCTION
All sorts of documents are not compulsorily registrable 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 affect the validity or admissibility of the evidence.
RELEVANT PROVISIONS
Section 18 the Registration Act 1908 deals with the optional registerable documents.
LITERAL MEANING OF DOCUMENT
An instrument on which is recorded. using letters, figures, or marks, the original, official, or legal form of something which may be evidentially used.
MEANING OF REGISTRATION
The term registration means enforcement of documents of immovable property under the Government stamp.
OBJECT OF REGISTRATION
The main object of the registration is the maintenance of the collection of the land revenue or to give security to the person concerned.
DOCUMENTS OF WHICH REGISTRATION IS OPTIONAL
Following are instances of documents for which registration is optional.
1. Will
Will are not compulsorily registerable.
2. Power of Attorney
Power of attorney need not be registered However it can be registered at the option of the party.
3. Agreement to Sell
Agreement to sell does not need to be registered under the Registration Act.
4. Agreement for Partition
An agreement for partition does not need to be registered.
5. Tenancy for one year or Less
An Instrument that is creating tenancy for a year or less than one year need not be registered.
6. Promissory Note
Promissory notes are not compulsorily registerable. However, a promissory note may be registered at the option of the party.
7. Agreement of Mortgage
Agreement of mortgage may be registered at the option of the party.
8. Deed of Adoption
A deed of adoption may be registered at the option of the party.
9. Contracts and Bonds
Simple contracts and bonds may be registered under the Registration Act.
10. Releases
A release is not compulsorily registerable. It may be registered at the option of the party.
SCOPE
Section 18 explains that all those documents other than those required to be registered under Section 17 are optionally registerable under this present Act.
EFFECT OF REGISTRATION
The effect of registration is that the documents can be enforced. It gets the evidentiary value
EFFECT OF NON-REGISTRATION
If a document is required under the Registration Act to be registered and it is not registered then in such circumstances the document can not be enforced it can not be used as a piece of evidence.
CONCLUSION
It is concluded that under the Registration Act, there are some documents for which registration is optional at the party. If such documents are not registered, they do not lose their value. Section 18 of the Registration Act deals with the documents for which registration is optional.
FAQs
What are the documents for which registration is optional?
(2017-A, 2016-S, 2015-S, 2014-S, 2013-A)
