08-31-2012, 03:10 PM
1. Introduction:
All sorts of documents are not compulsorily registreable 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 effect the validity or admissibility in the evidence.
2. Relevant provisions:
Sec. 17, 18 the registration act.
3. Documents of which registration is optional:
According to Sec. 18
"Any document not required to be registered under Sec. 17 also be registered under act."
4. Instances of documents:
Following are instances of document of which registration optional.
(i) Will:
Will are not be compulsorily registreable.
Case law
1986 CLC 372
The will by a Muslim does not require registration form of will is completely immaterial. it can be made either verbally or in writing. registration act does not require a will to be registered.
(ii) Power of attorney:
Power of attorney need not be registered. however it can be registered at the option of the party.
(iii) Agreement to sell:
1989 CLC 1318
Agreement to sell does not need to be registered under the registration act.
(iv) Agreement for partition:
Agreement for partition does not need to be registered.
(v) Instrument creating tenancy for a year or less:
Instrument creating tenancy for a year or less than one year need not to be registered.
(vi) Promissory note:
Promissory note are not compulsorily registreable. however a promissory note may be registered at the option of the party.
(vii) Agreement of mortgage:
Agreement of mortgage may be registered at the option of the party.
(viii) Deed of adoption:
A deed of adoption may be registered at the option of the party.
(ix) Contracts and bounds:
Simple contracts and bounds may be registered under the registration act.
(x) Releases:
A release is not compulsorily registreable. it may be registered at the option of the party.
5. Scope:
Sec. 18 explains that all those document other than those required to be registered under Sec. 17 are optionally registreable under this present act.
6. Conclusion:
To conclude I can say that, under the registration is optional at the party if such documents are not registered it does not loose its value.
All sorts of documents are not compulsorily registreable 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 effect the validity or admissibility in the evidence.
2. Relevant provisions:
Sec. 17, 18 the registration act.
3. Documents of which registration is optional:
According to Sec. 18
"Any document not required to be registered under Sec. 17 also be registered under act."
4. Instances of documents:
Following are instances of document of which registration optional.
(i) Will:
Will are not be compulsorily registreable.
Case law
1986 CLC 372
The will by a Muslim does not require registration form of will is completely immaterial. it can be made either verbally or in writing. registration act does not require a will to be registered.
(ii) Power of attorney:
Power of attorney need not be registered. however it can be registered at the option of the party.
(iii) Agreement to sell:
1989 CLC 1318
Agreement to sell does not need to be registered under the registration act.
(iv) Agreement for partition:
Agreement for partition does not need to be registered.
(v) Instrument creating tenancy for a year or less:
Instrument creating tenancy for a year or less than one year need not to be registered.
(vi) Promissory note:
Promissory note are not compulsorily registreable. however a promissory note may be registered at the option of the party.
(vii) Agreement of mortgage:
Agreement of mortgage may be registered at the option of the party.
(viii) Deed of adoption:
A deed of adoption may be registered at the option of the party.
(ix) Contracts and bounds:
Simple contracts and bounds may be registered under the registration act.
(x) Releases:
A release is not compulsorily registreable. it may be registered at the option of the party.
5. Scope:
Sec. 18 explains that all those document other than those required to be registered under Sec. 17 are optionally registreable under this present act.
6. Conclusion:
To conclude I can say that, under the registration is optional at the party if such documents are not registered it does not loose its value.