What are remedies available against sub registrar in case  of refusal to registration of document?  | LekiPedia

1. Introduction 

The real purpose of the Registration Act, 1908, is to provide a method of registration of  documents, under this provision all kinds of documents need not to be registered  compulsorily. There are some of the documents which registration is combined with the  discretion of the party. But if a document which is compulsorily registrable, it should be  presented for registration before an officer who is competent to register such document  which can be read under Section 17 of the Act. 

2. Relevant provisions 

Section 17 and 18 of the registration act 1908 deals with the documents which  registration is optional. 

3. Definition of document 

Document is a piece of written, printed stuff which contains information of the piece of  land and serves as an official record is called document. 

4. Documents which registration is optional  

Any document whose registration is not compulsorily is needed under sec 17, may also be  registered under this act. Following are the examples of documents which registration is optional  

1.Will  

Under the registration act 1908, will is such document which registration is optional on  the discretion of the party who may be registering it or not. 

⮚ Case law  

∙ The will by a Muslim does not require registration because it can be in writing or verbal  will. The registration act does not require a will to get register. 

2.Power of attorney  

∙ Under the registration act 1908, power of attorney is such document which registration is  optional on the discretion of the party who may be registering it or not. 

3.Agreement for partition  

Under the registration act 1908, agreement of partition is such document which  registration is optional on the discretion of the party who may be registering it or not. 

4.Agreement to sell 

Under the registration act 1908, agreement sell is such document which registration is  optional on the discretion of the party who may be registering it or not. 

5.Agreement with tenant  

Under the registration act 1908, This agreement with the tenant can of the period of one  year or less than one year and it is such document which registration is optional on the  discretion of the party who may be registering it or not.  

6.Agreement of mortgage 

Under the registration act 1908, agreement of mortgage is such document which  registration is optional on the discretion of the party who may be registering it or not. 

7.Promissory note 

Under the registration act 1908, promissory note is such document which registration is  optional on the discretion of the party who may be registering it or not. 

8.Deed of gift 

Under the registration act 1908, deed of gift is such document which registration is  optional on the discretion of the party who may be registering it or not. 

9.Deed of adoption 

Under the registration act 1908, deed of adoption is such document which registration is  optional on the discretion of the party who may be registering it or not.

10. Releases  

Under the registration act 1908, release is such document which registration is optional  on the discretion of the party who may be registering it or not. 

11. Contract 

Under the registration act 1908, contracts are such document which registration is  optional on the discretion of the party who may be registering it or not. 

Effects in case of non-registration of documents which  registration is optional.

Following are the effects if the documents are not registered under the registration act 1908 of  which documents registration is optional. 

1. As to evidence  

Such document which has not been registered which registration is optional on the  discretion of the party, it may be presented as evidence and it will be considered for the  same and non-registration of such document does not effect it.

2. As to validity  

Such document which has not been registered which registration is optional on the  discretion of the party, it is a valid document in the eye of the law and non-registration of  such document does not effect it validity.

3. As to enforceability 

Such document which has not been registered which registration is optional on the  discretion of the party, it is enforceable by the law and non-registration of such document  does not effect it enforceability.

4. As to performance 

Such document which has not been registered which registration is optional on the  discretion of the party, it can be performed by the parties because non-registration of  such document does not effect it subject to its performance.

Conclusion 

To conclude i can say that under registration act 1908 there are certain documents which  registration is not compulsorily needed these may be registered or not. It is totally on the  discretion of the party under section 17 of this act. Will, agreement to sell, agreement of  tenancy, deed of adoption and deed of gift etc. comes under this category.