Registration is the process of recording a document with a recognized officer and to safeguard its original copies (See Here). Any document whether binding or non-binding shall be registered in a required manner. Registration of every document is not necessary but doing so affirms the authenticity and helps in avoiding legal process. Many people are not familiar with the concept of registration and hence, do not understand its importance in eyes of law. It is crucial to be familiarized with registration and what it includes to avoid disputes. There are two kinds of registration according to The Registration Act, 1908 namely “Mandatory Registration” and “Optional Registration” which have been explained below.

Section 17 of the Indian Registration Act, 1908 provides for mandatory registration of certain documents. Those are as follows:-

1. Gift deed related to an immovable property;
2. Non-testamentary instruments:                                                                                                  a. purporting to creation, assignment, declaration, extinguishing of any interest in any immovable property worth Rs. 100 and above;                                                        b. which acknowledge receipt or payment of any consideration for creation, assignment, declaration or limitation of any right, title or interest;
3. Lease of immovable property for any term exceeding one year or reservation of yearly rent;
4. Contracts for transfer of immovable property for a consideration for purpose of Section 53A of Transfer of Property Act, 1882 is executed on or after the inception of Registration and Other Related Laws (Amendment) Act, 2001.

According to Section 23 of The Registration Act, 1908, all documents except a will have to be presented for registration within 4 months from the date of execution. If a document is executed by several persons at different times then that document has to be presented for registration and re-registration within 4 months from the date of each execution (Section 24 of The Registration Act, 1908).

If due to any urgency or unavoidable accident, any executed document or a copy of decree or order is not presented within 4 months but it is presented after its expiry will be accepted for registration provided that 10 times the amount of registration fees is paid and delay in presentation does not exceed 4 months.