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Adv. Deepak (Advocate)     24 December 2019

Unregistered document

A document which has not been registered within 4 months from the date of its execution, can such a document be registered afterwards? If the delay in registration is more than a year or so what is the remedy for registration of such document?


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 3 Replies

Real Soul.... (LEGAL)     25 December 2019

23. Time for presenting documents.Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:

 

5. Provision where delay in presentation is unavoidable.(1) If, owing to urgent necessity or unavoidable accident, any document executed, or copy of a decree or order made, in 2[India] is not presented for registration till after the expiration of the time hereinbefore prescribed in that behalf, the Registrar, in cases where the delay in presentation does not exceed four months, may direct that, on payment of a fine not exceeding ten times the amount of the proper registration-fee, such document shall be accepted for registration.(2) Any application for such direction may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate

Dr J C Vashista (Advocate)     26 December 2019

Well advised by expert Real Soul.

What is the document for registeration which could not be registered within 4 months?

Whether it is compulsory or optional for registration??

Consult a local prudent senior with relevant document.

1 Like

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

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 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.

Application for such a step has to be made to Sub-Registrar who will forward such application to the Registrar to whom he is a subordinate (Section 25 of The Registration Act, 1908). If a document is executed outside India by any or all of the parties and is presented after expiry 4 months then it will be accepted for registration provided that it was executed and presented for registration within 4 months after its arrival to India (Section 26 of The Registration Act, 1908).


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