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Impact of Registration Act on Property Transfer

The document discusses the role of the Registration Act in relation to the Transfer of Property Act (TPA). It notes that the TPA and Registration Act prescribe compulsory registration of certain documents to provide "notice to the world". Registered documents are available for public inspection and copies can be obtained. Documents related to sale, gift, mortgage, lease of immovable property must be registered. The Registration Act has been implemented largely unchanged for 200 years. Records in registration offices are permanent and civil courts rely on them to decide property disputes. The main concern is understanding how property registration is conducted in India and purchasers are responsible for verifying title and ownership. The project methodology involves non-empirical research through existing data compilation and

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Drishti Tiwari
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21 views2 pages

Impact of Registration Act on Property Transfer

The document discusses the role of the Registration Act in relation to the Transfer of Property Act (TPA). It notes that the TPA and Registration Act prescribe compulsory registration of certain documents to provide "notice to the world". Registered documents are available for public inspection and copies can be obtained. Documents related to sale, gift, mortgage, lease of immovable property must be registered. The Registration Act has been implemented largely unchanged for 200 years. Records in registration offices are permanent and civil courts rely on them to decide property disputes. The main concern is understanding how property registration is conducted in India and purchasers are responsible for verifying title and ownership. The project methodology involves non-empirical research through existing data compilation and

Uploaded by

Drishti Tiwari
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

ROLE OF REGISTRATION ACT IN TPA

ABSTRACT
Submitted By:
Chiraiya Saruparia (31)
Divya Sharma (35)
Drishti Tiwari (36)
([Link] Spz. Energy Law Batch 1)

The Transfer of Property Act 1882 and Registration Act, 1908 prescribe compulsory registration
of certain documents. Transfer of Property Act mandates that certain documents to be valid; they
should give “notice to the world”. Registration Act, 1908 gives the mechanism to the concept of
“notice to the world”. The documents registered in Book 1 of Registration Offices are public
documents, so any public may inspect such book; get copies of the same and a list of details of
registered documents chronologically in the shape of an Encumbrance Certificate (EC).
Documents affecting immovable property through sale, gift, partition, release, mortgage, lease,
sale agreement are some of the compulsorily registerable documents. Registration Act is one of
the oldest legislations made during pre-Independence period that are being implemented in
almost all parts of the country without altering substantially for the last 200 years. Records
containing the copies of registered documents in Registration Offices are permanent in nature
(philosophically speaking they have to be preserved for eternity); therefore, record preservation
is one of the prime objectives of the Registration Department. Civil courts heavily depend on the
records of Registration Department in deciding the issues like title, ownership, possession of
immovable properties.
Area of concern: Main concern is to know about the registration of the property and how it is
done. One must know that the Transfer of Property Act and other civil laws in India keep the
onus on the purchaser/beneficiary under the document to take all the responsibility of
verification of the title, ownership, possession of property.

Methodology: The project is based on non-empirical research methodology. The existing data
will be surveyed and compiled to make the project. Also self-interpretation about the topic will
be reflected in the project work. Both analytical and descriptive method has been adopted. My
project contains about the company and is it a citizen or not, about how are they caused, theories
and also its remedies.

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