Registration Act 1864, 16 of 1864, (Rep., Act 20 of 1866) section 2: The names i…

Repealed or not in force · As amended up to 2026-08

2. The names in full of the parties executing the Tnstrument: andif i shall have been presented by the heir, representative, or assign, or by the age of any party, the name of such heir, rep)-esentative, wssign or agent. `3.` The name and address in flill of every person .cvhosc cvidence `m` have been taken under any of the provisions of this Act. 4. Any payment of rrloiley or delivery of goods ~nade in the presence the District Registrar or Deputy Registrar. SYXVII. Tire endorsement sliall he signed by every party executin Instrument, or b y his heir, representative, or assign, or El~dorsenient by whom tobesigned and how to agent, and shall be certified by the seal and signature hc certified. .District Hegistrar or Deputy Registrar. The Instrumen endorsed shall be prin~d fkcie proof on the production thereof in ally Court such Instrument has been duly registered in the manner ~rovided in thi Provided that it shall be competent to the Court to require further evide suck registration if it shall see sufficient cause for doing SO. X XXVIII. f9 ACT No. XVI oF 1864. XXSVITI. Every ~ ~ s t r u m c n t admitted to registration and eiidorsed a s hereinhefore provided, shall be copied in its appropriate book accordit~g to the ur.;lelx of its preseutsttion, and shall be llurnbered accordingly. 1 1 Pdgistered Instrument to be copied and nambered. XXXIS. After the provisions of Sections X X S V I , XSXVlX, and letullled X S X V I I I sliall have been cornplied with, the Instrument further shall be returned to the party who shall have preseu ted the same for registration, with a furt,her endorsement inscribed thereon and certified as above, containing the nunlber and page of the book in which the copy and the registration of the Instrun~ent shalf have been 111ade. - `X` 1,. `X` 1,. An abstract of every original Instrun~ent affecting iu~moveable property registered in the Ofice of any Deputy Registrar, shall The forwardiig duplicate abstlacts of certain with an er~clorsernerit attesting the date on which it mas regInstruments registered in tlie Ofice of J)c)mty istcred'al~d its number in the Register Book of such Deputy Registrar. Begistxar, within seven days be forwarded in duplicate to tke District Regi~trar, who shall forthwith forward one of such duplicates to tlie Gene~al Register Office. XLT. A11 abstract of every original Instrument affecting imnloveuble propThe forwarding ab-[erty registered in the Office of arly 'District Registrar, shall ] stracts certain Instruwith an endorsement attesting the date on which it was regisn~ents registered in the Office of the District tered and its number in the Register Book of such Ilistrict Registrar. Registrar, within seven days be forwarded to the General Register Office. XLII. XLII. On tlie receipt in tlie General Register Office, of the abstract of any entry made in any Register, the same sliall be entered in the Such abstracts to be entered in General liegBook NO. 1, 2, 3, or 4, described in Section of this Act, ister Office. as the case may be. DECREES AFFECTING REGISTERED ,INSTRUMENTS. XLXII. XLXII. When any Civil Court sliall by a decree or order declare any InIn what cases Jleulostrument relating t o iizlll~ovcable l~rbperty ~vhicll shall have randum of decree affectiug certainregisteredIn- been registered under this Act to be invalid, or when any Civil stnl~nents to be sent to the Oficein n ~ c 1 1 such Court shall pass a decree or order affecting the validity or Instrument shall have been registered. otherwise of any such Instrumei~t., and such last lnentioned decree or order shall create, declare, transfer, limit, 01. extinguish any title, or interest under such Instrument in the inllnoveable propertj7 to ~vhich it relates7 such Court shall cause a Metnorarldum of the decree or order to be sent to the Office in which such Instrun~ent shall have been originally registered. XLIV. Whenever ACT KO. S V I OF 1864. XLIV. Whenever any Yernorandum is received under the last preceding Proceec~illg;; Section, a transcript thereof shall immediately be made in the of snch Memol*~ncl~trn. margin of the part of the booB in which there is any register of the Ilistrument aft'ected by ~uch Men~oranduin : and the District Registrar or Depnt,y Registrar shall forthwith trailsri~it a copy of such Memorai~durn to the Eegistrar General, and to every llistrict Rvgistrar and every Deputy Registrar in mIlose Office the said Tnstrument or any nbstTnct thereof is registered. SI,V. R h e n any Civil Co111.t shall by a decree or order create, declare; To ,,.hat Registrars[transfer, limit or extinguish any right, title, ][or ][interest ][of ][any ] Memoraaffectigin,,oeblepl n dirm of decrees person in any irlrnlorreablc property situate in any part of perty to be sent. firitis11 India ill which this Act is far the tiime being in force, such Fourt shall cause a Me~nol-andum of the said decree or order to be sent to every District Registrar and every Deputy Flegistxar within the local limits of whose jurisdiction such immoveable property or any part thereof is situate. Every such A!l emorandarn received by a District l>legistrar or Depnty Registrar shall bc entered by him in a book to bc kept for t h e regi~trat~ioli of decrees and orders: and a copy of such Metnorandun1 shall be sent to the llegistrar Geaeral. REGTSTRATXON O F WILLS, CODICILS, AND AVI'HORII'IES TO ADOPT. XLBI. Ally person wishing to register liis Will, a Codicil to his Will, 3Iode of presenting for or any Instrument giving authority to adopt a son after his ~ f ~ , " $ t ~ t ~ ~ n t ~ ~ ~ ; decease, shall eitlier personally or by a duly a~~thorizcd i w ' ~ ~ ~ t l l o ~ i t y b ~ ) a d o ~ c agelii deliver such TlJill or* Codicil, or Instrument, in a sealed cover superscribed with tlle name of the depositor and the nature of the Instrument, to a District Registrar who shall, if the Will, Codicil, OY Instruinent be presented in person, satisfy hin~self of the identity of the person preseiltiilg it, or if the Will, Codicil, or Instrunlent be presented by an agent, shall satisfy himself of the authority of sucll agent as p~ovided in Section XXVII I. XLTrII. If satisfied as abo~-c, the District Ttegistrar shall enter lhe docl,nlellts hol,. receipt of every sealed cover delivered to him under the to 1 ) ~ entetecl. last precediiig Section in the Register of Deposits of TVills, Codicils, and Instruments gil-ing authority to adopt, transoribiilg therein the superscriptioil on such sealed coveT, and noting in the Register and on the searled cover the year, nlonth, day, and houy of such receipt, togetlier wit11 tlie name of the depositor, and the nanw of each of the persons testifying to the identity of sixcll clepositor, and the inscription so far as it is legible on the seal of the depositor. Ylie District llegistrar shall then place the sealed cover in a fireproof box to be supplied by Qovcrnnleiit for that puiyosa. XLVIII. If the ACT No. XVI OF 1864. XLVIII. ;I;T tlze deposihar of any such sealed cover sliarll ~visli to mithM7ith&.amaJ of sucli draw the same, it shall be lawful for him to apply by petidomments. bioiz to the principal Court of original Civil jurisdiction having jurisdiction where the sealed cover was deposited, for an order that tlie same he given up to him. If 'the Court shall be satisfied to the identity with the depositor of the person applying for such an order, it nzay if it shall see fit make such an order as applied for, and the District Registrar in whose Oflice the sealed cover was deposited shall deliver up the same in obedience to the order. `Xi&=.` If on tlze death of tlze depositor of a sealed cover under Section XLVL, application be made to the District Registrar Proceeclings On death* in whose Office the said sealed cover was deposited to open of depositor. the same, the Bistrict Begistrar, ,after satisfying himself that .the depositor is dead, shall in the presence of tlze person xnaking such application ope11 tlie sealed cover, aizd shall enter a copy of the contents thereof, to be made at .the expense of the applicant, in a jaegister of TVills, Codicils, and Instruments giving authority to adopt a son. WThen such copy ~e-deposit of such shall have been entered, the District Registras shall redocuments. depqsit the original Will, Codicil, or Instrument, until requii-ed to produce the same in a Couyt of J u s t' ice. L. The District Registrar shall furllislz to any applicant who sha,ll pay Copies of Mrills re-de-[to hiin the fees payable under this Act in respect thereof, a ] posited on payment `to` be furlfished of fees. copy authenticated by his signature, of any will re-deposited -un&er the last-preceding Sectioiz. And ally copy certi, fied by tho Ilistrict Registrar to be a true copy, shall be evidence of the contents of the Will, Codicil, or Instrument giving authority to adopt, of ~vhicll it purports to be such copy. LI. Whenever the parties to a, bond or other written obligation for the Parties mttg I,ave pay~neilt of money, shall at the time of registering the same ngreement recorded, that amount secured by a[under the provisions of this Act apply to the District Regis- ] be written recovered without trar or De-pty Registrar to record their agreement, that in suit. the event of the bond or other writtell obligation as aforesaid not being satisfied within the time stipulated the anzount inay be recovered as bereinafter provided without a suit, it shall be the duty of the District Registrar or Deputy Registrar, after illamking such enquiries as he may think proper, to record - i t - t - I i I ACT No. XVI OF 1864. -. record such agreement at the foot of the endorsement required by Section XXXVI? and such record shall be signed by the District Registrar or Deputy Registrar, and by the parties to the bond or other written obligation as aforesaid. LII. A bond or other obligation for the payment of money registered with t o for h e[such agreement as in the last preceding Section mentioned, ][' ] paymentof money register,, ~ t ,ch h agree may be enforced without a suit by any Court which would without suit. ment may he enforced have had jurisdiction to try a suit on such bond or other obligation for the recovery of the amount, provided that the application for the enforcement of the same be made within the period of one year from the date on which the amount became payable. The bond or other obligation as aforesaid shall be enforced as a decree in a suit under the rules applicable to the execution of decrees in the Court in which the application for enforcement is made, but subject to any provisions contained in any law for the time being in force, in relation to the enforcement, without a suit, of bonds or other obligations for the payment of money registered with such agreement as aforesaid. The application for the enforcement of a bond or other obligation for t'he payment of money uiider this Sectioa shall bc written on a stamp paper of one-fourth the value prescribed for a petition of plaint, in a suit to recover the same amount, under the provisions of Article 11, ScheduLe B, Act X of 1862 (to con.solidate and amend tie `law` relating to Stamp Duties), or any other law for the time being in force for regulating Sta~np Duties. REGISTRATION FEES. ' LIII. Subject to the approval of the Governor-General of India in Council, the local Government shall 1Jrepare a table of fees , Pees to be charged fol. registration kc., how payable for the registration of Instruments, for searching. to be fixed. the Registers, and for making or granting copies of entries, abstracts, or Instruments, either on registration or search. Subject to tlie like app~oval, the local Government shkll also prepare a table of special additional fees payable for every registration by a Registrar General under Section XXVI, and for such other matters as shall to the local Government appear necessary. The local Goveriiment may from time to time subject to the like approval alter such ldhle. A table of the fees so payable shall be published in the Official Gazette, and shall be exposed to public view in every Office established for the registration of Instruments, and no Instrument, shall be accepted for registration, and no copy shall be granted, and no search shall be made or allowed until the fee duly prescribed in that behalf shall have been paid. LIV. All ACT No. XVI OF 1564e. LIV. All fees received under the provisions of this Act (not being fees payable under Sectioli XI of this Act to Officers who are flisposal of Fees. paid wholly or in part by fees), shall 6e remitted to such Treasury as the local Government shall direct, and be credited to Government,, 1 REGISTERS. LV. The local Government shall provide for the 9ffice. of every Registrar Books. . General, District Registrar, and Deputy Registrar, such books as may be necessary for the purposes of this Act. The books so provided shall contain such printed forms as shall from time to titne be prescribed by the Registrar General, with the sanction of the local . Porllls. Government, for the entries to be made therein and for the indexes to such books, and the pages of such books shall be coiisecutively nutnbered in print, and the number of pages it1 each book shall be certified on the title page by the Officer by whom such books shall be supplied. T11e local Government shall 'further supply the Office of every District Fire-proof bores. Registrar with a fire-proof box. LVT. `11:` eyorTT U L ~ Generd Register Office, and in the Office of every District Registrar and Deputy Registrar, four Books shall be kept, Four distinci Books. which shall be entitled- `1.` Register of absolute transfers of immoveable property. 2. Register of other transfers of immoveable property. 3. Register of decrees and orders of Court and of awards of arbitrations. 4. General Register of all other Instruments for the registration of which provision is made in this Act, and the entry of which is not required to be made in any other Register. . LVII. All entries made in such books shall be numbered in a consecutive ~n which book certain numerical series wEich shall cbmmence and terminate with instruments to be registered. the year, a fresh series being co~liu~enced at the beginning of each year. Whenever any Instrument for the registration of which application may be made, refers to immoveable and also to moveable property, it shall be entered in Boolr No. 4 and also in BOOIT No. 1, 2, or 3, as the case may be. LVIII. Two Indexes shall be prepared for each Xegister, one containing the name of every party to every Instrui~~ent registered, and Indexes. the other in the case of inlinoveable property containil~g the name of the village or place where the property is situate, together wit11 a description of the property and its name, and such other particulars and in such form as the Registrar General shall frorn time to time prescribe under Section LXIV. LIS. .FJvery ACT No XVP or 1864. - - LIX. Every District Registrar sliall, i11 additiou to the books prescribed in `4` 4 Registers of wills, kc. Section LVI of this Act, keep two books, to be entitled- 4 `4` 3 `4` Register of deposits of' Wills, and Codicils to IVills, and Itlstruments giving `*-` authority `in` adopt a sun, as provided i11 Section XLVII. `*-` 3 3 Register of Wills, Codicils, and lhst~uments giving autliority to adopt a son, as provided in Section XTJIX. 3 3 I,X. Subject to tlie previous payment of such fees as may be payable in lllspection ofnegisters that behalf, tlie Registers i11 tlie General Register Offices and 1 and copies of entries. in the Offices of all District Registrars and Deputy Registrars '! shall be at all times open to inspection by any person applying to inspect the ; same, and certified copies of any entry in such Registers shall be given to all j perJon's applying for such copies. Provided that the only Registers to bsinspected a sliall be the Registers No. 1, 2, and 3, specified in Section LVI, ancl the Register : i specified in Scction XLIX, Ii `GENERAL RULES.` 1,XI. Every Deputy Registrar shall perforin the duties of his Officc undcr tlie superintendence and colltrol of tlie District Begistrar in Control of proceed. ings of Deputy Regis- ~1110se Uist.1-ict the C)fice of such C)eputj7 Registrar shall be trars. situate; and the District Registrars shall have aut1iol.it.y to issue (whether on cornplaint or otherwise) any orders they may consider necessary in respect of ally proceeding or ornissiqri of ally Deputy Registrar subordir~ate to tbe~n~.. LXII. Every District Registrar rnay revise or alter ally order oi; tiny Deputy ltegistrar suborditlate to hill), refusing to adillit a document to Bevision of orders of ~e11uty Registrars rehs- registration, if an appeal against such order be ljreseiited to ing registration. the District Registrar within thil-t,~ days froni the date of the order, but not otherwise. LXIII. No appeal stlall lie to the District Registrar from No apl~eal fro111 order admitting to r~gist~va- an order of a Deput,y Registrar ad lnitting an Instrument TO tioii. registration. LSIV. The Registrar General shall cxcl*cise a general superiliteiiderlce ovcr General control all the Register OEces within the local liuiits of his jurisdicBegistrar General. tion, and shall have power from tilne to tiine to frame rules not Po\ver to frme Rnleso iiicoiisistent with the terims of' this Act, for the guidnuce of the District Itegistrars and Deputy Begistrars subordillate to. hill?, for regulati,ng the proceediugs of these OKicers, aud for providing for the safe custody of books, papers, and Instruments, and also for the destructiorl of such books, papers, ahd Instrunients ! ACT No. S V I OF 1864. Instruments as it mag be deemed to be no longer iiecessally to keep. The 'ules so framed shall be subinitted to the local Government for approval, and after they sl~all*have been approvecl, they sllall be published in the Official Gazette, and shall have the same force as if they west inserted in this Act. LXV. The registration of all 1ustrument.s under this Act shall be li~ade Registration to be only at the PuMic Office of the OAicer ~vbose duty it shall be made at `a` Pu1]lic Ofice. 40 ~egister tlie same : but any District Registrar or Deguty Exception. Registrar mag on special cause being shown attend at the place of residence of' any party intending to execute any Instrument,, or of any pe,rson desiring to deposit a Will, Codicil, or Authority to adopt a son, Every Deputy Registrar go attending sliall within t~venty-four hours report to tlie District Registrar to vhom he is subordinate the fact of his having attended and his reason for so doing. LXVI.[Every District Registrar or Deputy Registrar who shall refuse to ] Reasolls for I.efusal to[register an Tnstrumeiit, aiid every District Registrar who shall ] register to be recorded by Distl.ict Eegistrar or refuse to order ail Instrument te be registered, s!~al! record Deputy Registrar. his reasons for so refusing, and on application made by any party t.o the Instrument and 011 his furnisl~ing a stamped paper of the value of eight annas, sllall give liini a copy of the reasons so recorded. ' LXVII. A[registered Instrument shall operate from the time from which ] Time from which regisit would have conlnlenced to operate if no registration had tered Instrument shall operate. been required or made, and not from the time of, its registration. LXVIII. Every Instrument of the descriptions mentioned in Clauses `1` Priority of certain reg. and 2 of Section X V I shall, if duly registered, have priority ktered Inetmments. to any other Instrunlent relaling to the same property, whe. ther such other Tnstrumeut be of tlie same nature as the registered Instrument or not. LXIX. I t shall not be necessary for any Officer of Goverr~rnent to appear in person for the purpose of regist#eriug a tly Instrument, hut Registry of Instruments executed-by, oron when any Instrulnent is executed by, or 011 behalf of, Govern. behalf of, Government. ment, or by any Court, Board, Cotumission, or Public Office on behalf of Government, the District Registrar or l)clput!7 Registrar to who111 such Instrument is presented for registration, may if he ~ P P I I I i t llecessary refer to the Head Officer of the Court, Board, Comn~ission, 01. O!E<*e (111 \vhose behalf such Instrument was executed, for informatiou resl)ec:r i !tc ' `1 1 1 1` $:I lue, and on being satisfied of the execution thereof shall register the `11` \.;t + I : + I : XX. If any AOT No. XVI OF 1864. LXX. If any person shall ~vilfully makc! any false statelllent in any clepoFnlaestateulentsbefore sition or Ciecl'clrt~tiorl made by him before any Oficcr actirig in :his !tlly Officer Act how actirlg punisli~ble~ wder executi011 of this Act, in any proceeding or enyui~qy under the provisio~ls of this Act, he shall ,be deemed' guilty of the ofl'ence of giving false evidence as defiued in Section 191 of the Indinu Penal Code. 'LXXI. 'Phis Act shall come into operntiotl on the first day of J:\nuary 1865 in the Presidencies of Bei~gal, Rlpdras, and Rornhay. C!on~mencc~ncnt of Act. This Act shall not come into operation in any other part of British India u~ltil it shall be extended thereto by an order of the GovesnorGeneral, of India in Council, or by an order or tjtie local Gover~iment, to be notified in tlie Official Gazette. SCHEDULE.. . . :~ . .: . . . * ACT No. XVI OF 1564. ||||||ACT|ACTNo.|No.XVIOF1564. I-|No.XVIOF1564. I-|--- Extent of R~epeal.|--- Extent of R~epeal.| |---|---|---|---|---|---|---|---|---|---|---| ||Reg.XX,1812|.,.|I / i|I Bengal Code i||I : 1|I For modifying some of the provisions contained in the|||| ||||i i|i i||i I|existing Regulations respect- ing the registry of Deeds, and for esta.blishingaRegis- ter of eng-agenle~lts for the delivery of Indigo.|I J|The whole Regula.tion.|| ||Reg. IV. 1824||||Be~~g-al Corli To provide more effeat~~ally|Corli To provide more effeat~~ally|Corli To provide more effeat~~ally for|||| ||1||I!|!|||the Office of Register Deeds.||whole Regnla,tion.|| ||Reg. VII. 1832|...|... ! i I ; I||Bellgal Code For modifying certaill of the ;|Bellgal Code For modifying certaill of the 1|Bellgal Code For modifying certaill of the l~rovi.sions of RegulatioiiV. 1831 and for providing Sup- plemen-taryRulesto that en- nctment.|1 1 $. I J|1 Section IV. I|| ||Reg.XVII.1802|.. .|/ !||Madras Code For establishing a registry f o ~|I Madras Code For establishing a registry f o ~ 1|I Madras Code For establishing a registry f o ~ 1 Wills arrd Deeds for thetrans-|Madras Code For establishing a registry f o ~|Thewhole|| ||||i||||fer or mortgage of real pro-|||| ||||||||perty.|||| ||Reg. XI. 1831|...|.||Code|Code|To niore effectually for|||| |$1 Fi|||||||the Office of ICegister of Deeds.||whole Regula,t,ion.|| |t- ,.: ..|Reg.IX. 1821|..,|,)||Bombay Code||Bombay Code For estal~lishingaRegister of Title Deeds andageneral Register of Deeds, obliga- tions, and other writings, i11|general Register of Deeds, obliga- tions, and other writings, i11 7 I t I|7 The whole Regulation. t I|| ||||||||each Zillah subordillate to|each Zillah subordillate to I||| |||||I|I||the Presidency of Bombay.|,I||| ||Reg.-XIII. 1828.|...|.||||For ennl~lingAssista Judges, when expedient,tokeep the Registers prescribedbyRe-|keep the Re- 7' I}The whole Regulation.||| ||..||||||gulation11of1827-,when|when I|I|| ||||||||sta,kioned in the Districts.|J|J|| ||--. -||||-|||||--....- .| b -lCT No. XVI OF 1864. (I |||_-lCT_No.XVIOF1864.|||||f||| |---|---|---|---|---|---|---|---|---|---| ||||I||||||| |&Turnheranddate of Acts. -__--.---.-_I___--.- ActXXX.1838|date of I -.---._-_I___--.- . .,1|.... . .,. . . . ...|I I I I|I I|Extent of Repeal. -- - Ti:e whole Act.||||-| |ActI.1843|...|For amending the Law co~lceruiug the regis-|||||||| |||tration of ~vritten Conrrejrances and other|tration of ~vritten Conrrejrances and other||||||| |||Iilstrnmeuts affectin_y_titles and otheria-|ia-||||||| |||terests to lancl.|||||||| |ActXIX.1843||For amending theIJ~TV resl~cctiiig the Regis-|IJ~TV resl~cctiiig the Regis-||||||| |||tratio~i of cert,aii? Deecls.|||||||| |ActIV.1845|||||||||| ||I|I|||||||| |ActXVIII.1841'7||&'ole curing the iiivalicliti in the 1-egistrationi of Deeds arising from the fact of liavingI||i|||||| |||been registered by persons not duly ap-|been registered by persons not duly ap-||||||| |||pui~r'ted or011oiher than i;olu.t days.||I|||||| |ActXI.1851|...|For the custocl-jr of Registers of Deecls in|For the custocl-jr of Registers of Deecls in||||||| |||the PresidencyofBengal.|||||||| |ActXXJX.1856|...|Concerning the taking of Oaths of Office by 3.egistdrs of Deeds.|||yhe whole~||~|t|.| ||||I|I|||||| |Act111.1859|...|For coiiferring Civil Jurisdictionincertain|certain||||||| |||cases upon Cailtoiiment Joint Magistrates, and for coastituting those Officers Registers|||sections JX||sections JXandX.||X.| |||of Deeds.||||||||

Source: India Code