When should a document be registered?

Asked 06-Dec-2021
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A documentshould have been presented to register within the 4 months from the date of execution.


In India, the law or the statutes of the law clearly states that all the Documents must be registered according to the law. And sometimes it is necessary to make a record of those documents. Here the word ‘Document’ is explained by the law of India as -

When should a document be registered?

Document
The Registration Act 1908, explains the definition of the term Document as the Paper in which anything is written and having the nature of the Agreement will be considered as the Document.
Here the section 3 of the Evidence Act, 1872 explains the definition of Document as-
“Document means any matter expressed or described upon any substance by means, of letters, figures, or by mark, or one or more those means, intended to be used or which is used for the purpose of recording that matter”. The definition of the Evidence Act is much wider than the document is registered under the Registration act.

Registration of ‘Document’ under the Registration Act, 1908
According to section 23 of the Registration Act, 1908states that all documents except a Will have to be presented for the registration within 4 months from the date of execution.
If the execution of the documents has been done by a different person at different places that it is necessary to represent the document for registration and reregistration within the 4 months from the date of each execution said in section 24 of the act.

At any urgency or any of the accidental situation any of the executed document is not presented and the expiry period is over, and after its expiry, it is presented for the registration than the cost of the registration will be 10 times the cost before and delay in the presentation should not exceed the 4 months.
In section 26 of the Registration Act, the provision of any foreign document is given and said that any Document that has been registered in the other country and is presented in India than it will be presumed that it is presented with the 4 months of execution.

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