Registration Act 1864, 16 of 1864, (Rep., Act 20 of 1866)

Section 6. Formation of Districts and Suls-Districts

Repealed or not in force · As amended up to 2026-08

6. Formation of Districts and Suls-Districts. - '7. Establishn~ent of Register Offices. 8. Appoiutment of Tlistrict and Depuc,y Registrars. 6. Any decree or order of Court or private award of arbitration. `7.` Any Deed, Bond, Contract, or other Obligation. XVII. No P~lstru~nent of the descriptions rnentiorled in Sections XI11 and hat Instruments not XVI (other then a Will, Codicil to a Will, or Autliority to a accepted for registration unless prc- adopt a son), which shall have been executed before fhe date , on which this Act shall enme i ~ t o peration, shall be accepted tion of thisAct. for registration unless snch Instrument be presented for regisation witbin twelve months from such date, XVIII. No % . ACT KO. X V I OF 1864. XVIIT. No ~ n s t r u m i n t of the descriptions mentioile(i in '+Sectiou. XTEI, which 'shall have been executecl after 'the date on which this Act shall come into operation, shall be accepted for registration U I ~ C S S presented for Chat purpose to the proper Officer within ' four illoilths from the date of the execution thereof. Wllat Instrninents not to be accel~ted unless preseuted for registration within foul inonths after execution. XIX, No Instrument of any of the descriptions mentioned in Sectiorl X V I (other than a Will; Codicil to a Will, or Autllority to adop$ XVhat Instmments not to beac~e~tedunlesspre- a son), which shall be executed after the date on which this sented fo1- regishation nrlthin execution. hue montlls after Act shall comc into operation, shall be accepted for registration; b unless presented within two months from the date of thB B execution thereof. G XX.[Any Will, Coclicil to a Wili, or Authority to adopt ] [n. ][son inay at a ] tilne be registered `ia` the manner hereinafter provided, by t 'What Instruments may bere$ktere<1atany time. pel-son making such Will or Codicil, or giving such Authorit PLACE OF UEGISTRATION. . XXI. Sr,ve as in th'is Act otl~ermise provided, every Instrument which p ports or operates to create, declare, transfer, or extinguish I11 what Office certain Office certain Instruments to be preright, or interest in any immovcable property, and sentea for registration. Instrument acknowledging the receipt or payment of any sideration on account of the creation, declaration, transfer, or extinction of right, title, or interest in any irnmo~e~ble property, or any lease, shall be prese for registration in the Office, of the Deputy Registrar within whose Sub-Dis the property is situate. I11 what Office certain Office certain Instruments to be presentea for registration. XXII.[Every Instrument other than an l~istrumani of the nature spec,! ] in the last precediizg Section, shall be presented for registr -In what Office other Inatl.uments to be prein the Office of the Deputy negistrar within whose jurisdi sented. such Instrurr~ent is executed, or at any Itegistry Office the same local Government, at which all the pa,rties executing such Instru. shall desire the same to be registered, P XXIII. Every Instrument affecting immbveable property the rvhd To what Officer Instruwhich, although situate in one District, is not situate! ments arectiog iinmove- able prope~ty situate in Sub-District, may be presented for registration to any more than one Sub-Dis- tlsict to be resented for ~ e ~ i s t r a r within whose Sub-District any part of such registration. is situate. It sha.11 be the duty of such Deputy Begistr~ registering the Instrument, forthwith t o causc to be made and to forwar2 thereof, endorsed in the manner prokided in Section XXV, to the District `I$` ,$ ...$ ACT No. X V I b~ 1864. to whom he is subordinate, who shall register the same, and forward a copy of such Instrument and of the endorsement aforesaid, to every Deputy Registrar in his District in whose Sub-District any part of such property is situate, other than the Deputy Registrar in whose Office the Instrument shall have beea originally registered, and every Deputy Begistrar - who shall receive such copy shall forthwith register the same. XXIV. If any Instrument tendered for registration bc in a language ~vhich ToNh~toEcerIllstru~[the Depury Registrar does not understancl, the Deputy Regis- ] luents ill langnagc not un- derstood by Deputy Regtrar shall refuse to register the Instrnment, ancl shall isefel. istrar to be the parties to the District Registrar, who shall deal with the Instrument in the same manner as he is required by this Act to deal with Instruments presellted to him in the Erst instance for registration. xXT(.[Every InstrnmenfJ affecting iirlmoveable property situate in illore ] To what Officer InstruDistricts than one, may be presented for registqation to the lnentsaffectillg immovcDistrict Registrar of any such District in which ary part of able properky situate in 1norethanoneDistrictto such property is situate. It shali be the duty of such District be presented for registration. . Registrar, after registering the Irstrument, to cause to be made and to forward to the District Registrar of every District in which any other part of such property is situate, a copy of s ~ ~ c l l Instru~nent, endorsed with . an attestation stating the date on which it was registered and its number in his Begisher Book. The District Registrar receiving such copy so forwarcled 2nd endorsed shall register the same as if it had been preseilted to him in the first instance, and. shall forward a copy of such instru~nent and of such endorsernerzt at, aforesaid to the Deputy LZegistrar of each Sub-District; within the local limits of his jurisdiction in which any part of such property is situate, and every Deputy lie- who shall receive such last mentioned copy sllall fortllwitll register the saine. XXVX. It shall be lawful for the Registrar General in his discretioil to receive and register any Instrument of' the nature specified in Registration by Regis- by Regis- Registray General. Section XXX, which may be preseuted at his Omce for registration, without reference to the situation of the property to which the Instrument relates. I n registering any Instrument under this Section, the Registrar Gener21 shall follow the mode of registration hereinafter prescribed for the registration of Instrunlents presented in the first instance to a District Registrar ar a Deputy Registrar. Registration by Regis- by Regis- Regis; tray General. XXVII. It shall bc the duty of the Registrar General, on any such Instrument being registered in his Ofice under the last preceding Proceedings in case of registrationby Registrar Section, to cause to be made and forwarded to every District General. Registrar within. the local liinits of whose jurisdiction any part part of the property to which the Instrument relates is situated, a copy of suck Instrument endorsed with an attestation stating the date on which it was registered and the number in his Register Book: and the District Registrar receiving such copy shall register the same as if it had been presented to him in the first instance, and shall forward a copy thereof and of the endorsement aforesaid to the Deputy Registrar of.. each Sub-District within his jurisdictio:~ ill which any part of such property is situate, and every Deputy Registr~~. who shall receive such copy shall register the same. XXVIII.[Every Instrument to be registered under this Act, not being a ] BY whom Instruments, Will, Codicil to a Will, or an Authority to adopt a, son, shall are with certaill erceptiO1ls, to be presented for be presented at the Office in which such Instrument is to be registration. registered by all the parties executing the same, or by the - heirs, representatives, or assigns of such parties, or by the authorized agents of such parties, or of their heirs, replqesentatives, or assigns under a, power of attorney special or general. But no such power of attorney shall be recognized for the purposes of this Act unless it shall have been executed in the presence of, and duly attested by, the District Registrar or Deputy Registrar within the local limits of whose jurisdiction the person executing the same resides if he reside in any part of British India subject to the operation of this Act, or if he reside in a part of British India not subject to the operation of this Act., unless it shall have been executed in the presence of, and been duly attested by, the Officer presiding over the principal . - Court of original Civil jurisdiction within the local limits . of whose jurisdiction the person executing the same resides. If the person executing sucll power of attorney clo not reside within any part of British India, i t shall not be recognised for the purposes of this Act unless it shall have been executed in the presence of, and duly attested by, an Officer of' the British Government, or by a Notary Public where there is such a functionary. The provisions contained in this Section relating to the executioil of powers of attorney in tlie presence of the District Registrar or Deputy Registrar, shall not apply in the case of a Xative woman of a rank or description, which according to the customs of the country would render it impl-oper to require her personally to attend at the Office of the District Registrar or Deputy Registrar. I n the case of any woman of the rank 01. clescriptio~i above mentioned, the District Registrar or Deputy Itegistrar, if satisfied that the power of attorney is the free and voluntary nit of the woman by whom it purports to have been made, may attest the same witliout requiring her personal attendance at his Office. For the purpose of satisf'ying himself on this point, the District Registrar or Deputy Registrar may proceed or' depute some trustworthy person to the residence of tlie wtjri~an to i ACT No. XVI (-IF 1864. to take her exurnination in the niocle prescribed for tilltins evidence of Native females of rank. MODE OF REGISTRATION. S X I X . 011 the parties to anj7 Irtstru~llerit, their lleirs, aclu~inistrators, or assigns, or the agents of such parties authorized as herein13nclniry lhefore legist~ation by the nistr~ct[beforc p~ovided uppeariug before ][the ][District Ibt~gistrar ][or ] RItgirtrnr e gistra1; or Deputy 1:egistrilr for the purpose of obtaining t l ~ c registration of such Instru~netlt. Ile shall pl-occed to enquire whether such Instrument was cxecutecl or ilot by all the parties thereto by who111 it purports to have been executed, nrld to sntisf'y himself of the right of ally person to appear as t l ~ c heir, acln~iriistmtor, or assign of any pn,rty rnhon~ hc sha!l claiul to represent, or if any party shall appear. by agent, of' the authority of such agent. If' all tlie parties e~ecut~irlg the Instsumcnt appear personnlly befox the Llistrict Registrar or 1)eputy Registrar and are personally liuomn to liiw, or in case they are not persot~nlly klio~vti to him if t,lluy satisfy him that they are the parfies they represent themselves to be, and if they all ndn~i t tlc execution of tlie Instrun~ent, or in the case of any party appearing by a~t~horized agent if such agent shall admit the execution of the Instrument, the District Registrar or Deputy Registrar shall register the sarne. XXX. 'The District Registrar or Deputy Registrar shall eliter in the Register Book the ilnIiie a i d adtlress in full of every person whorn to persons examined. Fntrjes to be wade as he rnlrr esn~nine as to any of the mattrrs in the last precetlillg Section mentioned. XXSI. If any party to an Illstrnmer~t shall require assistaucc to procure Node of enforcing atthe attentlance of a person whose testimony is iiecessery for tendanceofpelsO'lwhOsc the registration of such Instrutnent by a Deputy Eegistrar, testimony is reqlirrecl by ne1)uty Registrar. such Deputy Registrar lniiy in his discl*etion, and if such person shall be within the local limits of the j~~riscliction of such Deputy Registrar, issu~: a surnlnolls requiring such person to attend at the Office of such Deputy Registrar at a t i ~ e named in such surnmons. XXXII. If' the person whose at.tendance is required is not vit.hi13 the Agplication when t o be local limits of the jurisdidtion of the Deputy Registrar, the made to nistyict Regisparty to the Instrument who requires his attendance shall apply through the Deputy ltegistrnr to the District Registrar in whose District such person is, nncl the District Registrar nlay in his discredoll issue a like surnlnoris for the attendauce of such person itt the Office of such uty Registrar. XXXIIJ. The a i 3 3 7 `2` .; I G B 4 7 * f 1 1 B `4` 'a 3 I I S ?i l ,g i 4 "a 4 . 1 $ \ \ 3 I 3 j ACT No. XT7J OF 1864. XXXIII. The l~ovisions of the lust two preceding Seciions shall apply JIode of enforcing at- q?~ktkLs nzutanclis ,to all cases in whicli `L:` party executi~~g an teudanco of person whose evidence i5reqaired a Iristrun~e~~t sllall recluire assistance to procure the attendance Dktrict re gist ma^. or Registrer General. of a person whosc: tcstirr~onv is riecessary for the registratio11 - of such Trlstrurnent by a District Registrar or by a Registrar General. XXSIV. The provisions of tlie Acts in force for t l ~ e time beiiig for pro. `Law` rel,vtillg to c ~ ~ r i n g the atte~ldaiice of witnesses, for the examinat,iou, ill suits in of Civil witllesse~ Courts remuneration, and puoisl-lment of witnesses in suits before summoned lo apply as to m+tnesses yelsous Civil Courts, shill1 he of equal force nud effuct in respect of 11nder thih A C ~ . any persoti sutnrnoneci to appear as a witness under the foregoing provisions of this Act. XXSV. No Instrument shall be accepted for registration if any interlineaE1,asures or intel.liaestion, erasure, Or alterati~ll sllall :tppear On such Instrument, t i m s in Inst~urnentg presented for registration. unless the palmties appc'a.i-ing to register the sa.me shall attest with their signatures such interlinea.tion, erasure, or alt.erat.ion ; aricl it shall be the duty of tlie Officer registming such Instrumelit, at the time of registering it, to make a note in the Register of such interlineation, erasure, or alteration. XSXVI. On every Instrument admitted to registration there skiall b doraed on 11lst1.ument Particular3 to be adendol-sed t,he following particulars,--that is to ssymitted to registration 1, The date and lzour of presentment.

Source: India Code