Delhi Law House Malik’s Commentary on The Registration Act, 1908 Edition 2023

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Delhi Law House Malik’s Commentary on The Registration Act, 1908 Edition 2023

Delhi Law House Malik’s Commentary on The Registration Act, 1908 Edition 2023

The Registration Act, 1908 is having object of proper recording and
registration of documents/instruments, which give them more
authenticity. The registration means recording of the contents of a
document with a Registering Officer, and preservation of copies of original
document. Documents are registered for the purpose of conservation of
evidence, assurance of title, publicity of documents and prevention of
fraud. The Act was enacted with the intention of providing orderliness,
discipline and public notice in regard to transactions relating to immovable
property and protection from fraud and forgery of documents of transfer.
This is achieved by requiring compulsory registration of certain types of
documents and providing for consequences of non-registration.
The registration provides safety and security to transactions relating
to immovable property, even if the document is lost or destroyed. It gives
publicity and public exposure to documents thereby preventing forgeries
and frauds in regard to transactions and execution of documents. The
registration provides information to people who may deal with a property,
as to the nature and extent of the rights which persons may have, affecting
that property. In other words, it enables people to find out whether any
particular with which they are concerned, has been objected to any legal
obligation or liability and who is or are the persons presently having right,
title and interest in the property. It gives solemnity of form and perpetuate
documents which are of legal importance or relevance by recording them,
where people may be the record and enquire and ascertain what the
particulars are and as far as land is concerned what obligation exists with
regard to them. It ensures that every person dealing with immovable
property can rely with confidence upon the statements contained in the
registers as a full and complete account of all transactions by which the
title to the property may be affected and secure extracts/copies duly
certified. The registration of documents makes the process of verification
and certification of title easier and simpler. It reduces disputes and
litigations to a large extent.