Decoding the Registration Bill 2025

These are my notes from the Registration Bill 2025 Talk by Mr VV Naidu.

The hero of registration is document. It is the document that is being registered. It becomes a public document available for the perusal for anyone.

Registration arose from the Statute of Frauds in England. Registration is done to prevent fraud.

When a document is registered, we can get encumbrance certificate.
It is the Act 16 of 1908 - Registration Act 1908 that we use today for registration across India. It was the first single code for the entire registration process. It contains 93 sections but only 86 are used actively.

When a document is signed, it is known as being executed.

What are the documents to be registered?

Section 17 stipulates which documents are to be registered, they are Partitions, Gift deeds, Sale deeds, Leases above 1 year, General Power of Attorney (GPAs) for Sale among others.

They are known as compulsorily registrable documents.

What are the consequences of not registering a document?

If a document is to be registered but is not registered, it cannot be taken as an evidence as per Section 49 of the Registration Act 1908.

However, they can be taken as evidence for specific performance or collateral evidence.

Sections 1 - 14 of the Registration Act 1908

They contain details about the Act, the definitions, the details about the officers etc.

Are Registration Districts and Revenue Districts same?

We have 33 revenue districts in Telangana but only 12 Registration districts. Hyderabad has Hyderabad and Hyderabad South. Erstwhile Warangal district is now 5 revenue districts but has only 1 registrar in Warangal.

In Tirupati, there is a separate office for Tirupati and for Chittoor district.

In erstwhile Krishna district, there was one in Vijayawada and one in Machilipatnam (district HQ).

Registration jurisdiction is different from revenue jurisdiction, they are not coterminous. Of course, I believe that the intent of creating new revenue districts is so that there is ease of administration and access of government services to the citizens so eventually, they will create more registrars.

Why do they call it registration?

In the olden days, they used to write the details in a large book called register and sign it. It was a large A3 sized register. It used to be conclusive proof of registration.

This has changed over time with change of technology.

There are 5 books for registration in any Sub-registrar office.

Book 1 - Non-testamentary documents pertaining to immovable property - E.g. Sale deeds, gift deeds etc.
Book 2 - Reasons for refusal for registration
Book 3 - Wills
Book 4 - Miscellaneous documents such as Power of Attorney, Marriage Agreements, etc.
Book 5 - Only there in the District Registrar, sealed cover registration which are kept in a fire proof box.

Combined AP was the first state in India to have computerised registration of documents. They started in 1998. It was called CARD (Computer-aided Administration of Registration Department). Subsequently it was brought out in other states. Saritha in Maharashtra, Kaveri in Karnataka etc.

Today, Central Govt is bringing out National Generic Document Registration System (NGDRS) so that any state that wants to use this can adopt it. They are also bringing out a central registry so that any document registered anywhere in the country can be accessed by anyone in the country. Telangana has not consented to upload the data.

In Madras, the marriages for the cinema actors used to happen by marriage agreement though that practice has now been phased out and people directly come for marriage registration.

What does a Sub-Registrar do when a document comes for Registration?

Just like courts have jurisdiction, Section 28 of the Registration Act 1908 stipulates the jurisdiction.

Step 1: When the document comes for registration, the SRO first checks the Schedule of the property to ascertain whether it falls in his jurisdiction or not. This applies only to immovable property. If a document is not concerned with immovable property such as an affidavit or a GPA that is not pertaining to property transactions, it can be done anywhere.

What happens when multiple properties are to be transferred that are across different jurisdictions?

For example, if Anand has properties in Hyderabad, Vizag and Tirupati, and he wants to gift the same to his son Somesh, he need not go and register each of them separately. He may register them in only 1 location.

The Act specifies "Major" part of the property but that is only due to some people visiting other states such as Kerala or Tamil Nadu and registering there for saving stamp duty causing loss to the erstwhile AP exchequer. This loophole was plugged in 1980s.

In practice, there is no major or minor, you can register anywhere.

Once registration is done in any one place, it is sent to the other registration offices to intimate them that such property is registered by way of memorandum.

Process of Intimation

1. In the same state:
   1. If a registration happens in one of the SROs under the same District Registrar, the SRO can send only the indexes (memorandum) to the other SROs to update. For example, district registrar in Ranga Reddy has 14 or so SROs and if any registrations are made to the properties across these offices, only a memorandum has to be sent to the other SROs whose properties have been registered u/s 64. For example, Gandipet, Serilingampally, Rajendranagar in Ranga Reddy, they maybe registered either at Gandipet OR Serilingampally OR Rajendranagar.
   2. If a registration happens and the property is under a different district registrar, the document copy along with the indexes (memorandum) have to be sent by the SRO to the concerned DR who will direct it to the concerned SRO in their jurisdiction.
   3. While this is the official process u/s 64-66, since the process is now digital, it is done by the same SRO where the registration is done online so that it reflects. No document/details of indexes need to be sent physically in the same state.
2. If it is in a different state in India:
   1. Document copy along with memorandum which contains EC details aka index details u/s 64-66 to the District Registrar when it is under a different District Registrar. Since another state is a different district registrar, it must be done physically.

Since the registration process is now digital, the SRO at Gandipet can do it for the other SROs also anywhere in the state. Outside the state, he must opt for physical copy of memorandum which is prepared by SRO and sent to the concerned DR for necessary action.

Step 2: When did he purchase the Stamp?

Step 3: When did he write the document?

Step 4: When did he present it to me?

Section 23 says that you must present a document for registration within 120 days (4 months) from the date of executing the document. In case you cannot/do not do it within 4 months, you must pay the penalty and you are allowed an extra 120 days making it a total of 240 days with condonation of delay u/s 25. There is no scope for registration after the said period.

Step 5: Are the parties eligible to register the document?
Sections 32 & 33 stipulate that document can be presented for registration by either parties or their agents (GPA holders). Executants, claimants or their assignees, duly authorised agents or representatives.

Types of General Power of Attorney (GPA)

1. Authorising another person - Anand is not able to go to Bombay due to old age and authorises his son to go and register the property in Bombay. He executes a GPA here and his son goes and registers the property there.

2. Executed here and presented for registration elsewhere - a person who is unable to go to Bombay for registration of a document can sign the document here and execute a GPA so that his son may go and register the property in Bombay by presenting the GPA and Deed. In this case, the GPA is only for presenting the document and is more secure and less prone to fraud.

   Procedure for this is

   • Person must go to local SRO. Explain his situation.
   • SRO will attest the document and seal and stamp it and give it back.
   • The document can then be sent to the SRO in Bombay along with GPA holder.

Though GPA is not a compulsorily registrable document as per GOI, in TG, they mandate it. It is a state subject and the state may choose to do this. The new bill mandates registration for GPAs for sale.

The Single Object of the Registration Act

The one single object the SRO does is acceptance of admission. Everything else is ancillary work. People are saying in the presence of the Sub Registrar that "What I am saying is True" and the Sub-Registrar is attesting to the fact that it was said in his presence.

2004 Amendment and Inclusion of Section 32-A

In 2004, Central Government brought out Section 32A requires photographs of the parties and of the witnesses in addition to the thumb impressions.

The sequence of documents is created wherein it can be seen who is the buyer and seller and in future documents, it can be seen who is the seller and buyer etc. The sequence allows people to ascertain the identity of the buyer and seller and the scope for frauds decreases.

Importance of Hours

The document has a line that says

Presented in the Office of the Sub-Registrar, Gangadhara along with photographs and thumb impressions as required under Section 32-A of the Registration Act 1908 and fee of Rs 2820/- paid between the hours of _____ and ____ on the 6th Day of September 2024 by Sri Paloju Shobha Rani.

The hours play an important role as they serve as evidence. Today, this is not being filled because there is a time stamp inserted by the computer.

Execution Admitted by

The core of a registration of a document is "Execution admitted by" in the document. Only if these words are there shall the document be valid.

It is at this point that the thumb impressions and photographs of the persons are taken.
Even with this photo and thumb impression, they still ask for 2 witnesses in accordance with Section 34.

The sub-registrar signs on this document physically and by biometric. This means that he has verified the above and is attesting to the same being true.

e-KYC

Owing to the registration process being fraught with frauds in the past, the government has brought out e-KYC which is Aadhaar based KYC. When the thumb impression of the person is put, it immediately fetches the data from the UIDAI and allows the sub-registrar to see whether it is the same person who is registering or not and reduces fraud.

Aadhaar is not mandatory as per Supreme Court guidelines, however, they insist because it is a secured proof. Sub-registrar cannot refuse to register your document if you choose not to give him your Aadhaar. They are bound by law to register the document. The new bill also does not mandate Aadhaar. PAN, Voter ID, Driving License, Passport, Bank Passbook are other options.

In case someone is without Aadhaar/e-KYC, the SRO takes extra due diligence to be doubly sure that there is no fraud.

Even in 2024, a fraud was done. A district registrar in Hyderabad was suspended due to fraud. The scope of fraud is always there.

Registration Act is based in statute of frauds. As they say "Thieves are always one step ahead of cops."

Registration Bill 2025 requires mandatory registration for GPA for Sale Deed.
For GPA, foreign countries can be done with notary. Commonwealth countries can be with embassy officials. In India, SRO registration is needed.

Section 22A - Prohibited Properties list. These are not to be registered.

Section 81 - Fraud by SRO Staff
Section 82 - Fraud by public

What language is permitted for the document of Registration?

A document can be in any Indian Language recognised by Schedule VII of the Constitution of India. It includes 22 languages.

Example from the talk: A Marathi person brings a document in Marathi for registration in Hyderabad. Since Marathi is not a recognised 2nd language in Telangana, people do not know Marathi. However, the law requires that this document be registered as Marathi is one of the 22 languages in India.

In such cases, the Sub-registrar with the aid of office staff reads the document and understands it. Furthermore, the executant is required to provide the true copy and the true translation and attest that it is the true translation of the same.

If the executant provides a false translation, he is responsible for this as per S.82.

Registration of a document in any Indian language is possible if it is part of the 22 languages and in any part of the country.

Today, it is easy because of Google Translate etc.

Section 49 - Effect of non-registration of documents which ought to be registered.

It cannot be taken as primary evidence.

Sale certificates by cooperative department, revenue department auctions, court auctions are sent to the SRO so that they may mark the indexes and file them u/s 88 of Registration Act 1908. Under Sarfaesi Act, banks are also auctioning. (Question - is this accurate? Who does the sending to the SRO?) Since he is not owner of the property but is selling the property it is called a sale certificate. A duly signed and duly stamped copy of certificate of sale, a true copy will be sent to the concerned SRO. Authorised officer of the department/bank has to do it. The authority has to send the document to SRO. In the new bill, sale certificates are compulsorily registrable and the question of filing does not arise.

A Will is not a compulsorily registrable document u/s 18. You may execute a Will 5y ago and choose to register it today. The 120 day limit does not apply. Furthermore, the Will has no jurisdictional limits. You may register it at any place, regardless of where your properties are located.

Mr Naidu advised that Will witnesses are recommended to be much younger than the testator. Point for advocates. Executors should also be young. Better to have young people to avoid pre-deceasing.

Sealed Will Registration

Procedure for Sealed Cover Registration

1. Signed Will
2. 2 Witnesses
3. Document will be sealed by laquer/sealing wax and impression of the person's choice would be closed.
4. This sealed cover is embossed with the words "This sealed cover contains the Last Will and Testament of XYZ person"
5. Taken to the District Registrar's office only. No other SRO will do.
6. DR will register the document and make an entry in Book 5 and give an acknowledgment to the executant.

Types of Witnesses

1. Attesting Witnesses: the people who sign on the document are called attesting witnesses. They are attesting to the contents of the document.
2. Identifying Witnesses: the people who identify the witness in the Registration office are called identifying witnesses. They are only identifying the person who is registration.

It is important to note that attesting witnesses and identifying witnesses need not be the same people.

Registration Bill 2025

Registration Bill 2025 only has her instead of his/him. 58 times.

The new Bill contains nearly everything that was present in the old Act.

The bill is in simple language.

• Significantly increased the definitions in Section 2
  • Executant has been explicitly defined which was not there in the old Act and the definition used was from the General Clauses Act.
  • Lease was only defined in the Stamp Act earlier but the new bill contains the definition of a lease.
  • Mental capacity has been defined. A person who is not of sound mind cannot execute any document. Such persons require a guardian. In the present system, such a certificate is issued by the Collector of the District.
  • Deposit of Title deeds has been defined in the Act.
  • In the original Act of 1908, only the words Registrar and Sub-Registrar were defined in the Act. The new bill defines Appointment of Additional Inspector General, Joint Inspector General, Assistant Inspector General and Deputy Inspector General.
• The old Act contained that any immovable property above the value of Rs 100 was to be compulsorily registered. This has been done away with in the new Bill. No amount has been specified.
• Substantially increased compulsorily registrable documents
  • GPA for Sale
  • Deposit of Title Deeds - Powers also given to Banks to deposit the title deeds and inform the SRO.
  • Decrees of Court for transfer or assign
  • Sale Certificate - Cooperative, Revenue, Govt and all the authorities.
  • Companies Act S.356 - Amalgamation, Mergers and De-mergers - All company assets would now be in the record.
  • Authority to adopt children
• Grounds of cancellation of registered documents
  • Officer not below the rank of IG of Registration and Stamps.
  • Appellate authority must be no lower than the rank of Secretary.
  • The guidelines are also given. They may not do anything that they want.

Adjudication of Title is only with Courts in India. In the old Act or the new Bill, there is no provision for anyone in the Registration and Stamps department for adjudication of title.

Land Titling

The system of land titling is called Torrens System

1. Started in New Zealand
2. Present in Australia, some states of USA, in UK, Malaysia

In Telangana, the last survey was done in 1935. The Patwari (Village Revenue Officer) only wrote the land by 2, by 3 etc.

India does not have Title system, our system works on documents.

In case of title issues, govt must pay compensation if someone is inconvenienced. In USA, private companies offer title insurance. They guarantee the title.

Registration is only for documents, not for the land. Buyer beware. No person can transfer a better title than what he possesses.

If Anand sells a land but it is later discovered that there were other heirs/owners, they may claim that a part of the land was theirs. Therefore, in India, the registration is only for documents and it is upon the buyer to determine the title by using the documents. Buyers must visit the land physically, ask the neighbours, do his due diligence regarding the land before making any purchase.

Title system is not likely to be happen in India.

Karnataka had Bhoomi project where Chawla IAS worked for 8 years. They gave an opportunity to all agricultural land holders. This was given as equivalent of title. It is NOT title.

Possessory Survey

• All land has some owner.
• 85-90% lands are not in dispute.
• They invite all the owners of the neighbouring lands at the time of the survey and ask each of them to sign.
• They correlate it to the existing survey number and then grant a new survey number.
• If you have land that is across 5 survey numbers, they give will now give you a new single survey number.

Grounds for Refusal

Section 22A.

• a - All the lands which are against the state or central statute.
• b - Lands owned and possessed by state govt or central govt.
• c - Lands owned by Endowments and Waqf
• d - Lands declared as surplus under Agricultural Land Ceiling Act or Urban Land Ceiling Act
• e - Other properties notified by State Gazette. - Used for defaulters who owe money to government.

For a-b,d the list is to be given by Collector.
For c, Commissioner Endowments and CEO Waqf need to give the list.
For e, notification is to be given by the body that is accruing the interests.

The new bill does not mention Waqf or Endowment. Endowment is covered under the respective Act.

The new bill also contains standard templates for registration. The state governments are asked to prepare their own templates based on their understanding of the local customs and needs.

Name search of Properties

Name search is there in SRO. EC in the name. There are two registers maintained by SRO. One is based on the property and another is based on the name. You can search based on the name as well. Prior to 1984, manual search is necessary.

Anti Corruption Bureau (ACB) is now using all these techniques to find properties.

In combined AP, we get the EC after 1984 onward online.

Online Registration

It is there in Maharashtra. You need to visit the website and create a user id with Aadhaar and biometric. Lease and in some places even sale deeds are being registered purely online without visiting any office. SRO however, may insist on seeing parties in-person in case he suspects fraud.

Digital signature or e-kyc will be needed.

The bill has this provision. Although a lot of measures will be implemented to ensure safety and security which may appear cumbersome but are required.

VV Naidu's Take

Mr Naidu opined that the Bill was well drafted and contains the best practices of all the states which are now being rolled out across the country. The bill also uses the word 'her' which aids women empowerment.

Prithvi's Take

I loved the talk, there are several facets of the Registration Act that I never knew and I have learned immensely about the new bill which may become law later this year or next year.

Mr Naidu has a wonderfully cheerful demeanour which makes one feel upbeat and positive about the entire Registration process which usually is marred with negative connotations owing to the allegations of graft. Often, a person who is highly educated is having to resort to using the services of a broker who failed Class 10. It is simply not necessary and acts as a mechanism to aid graft. Mr Naidu also strongly opined that people should be able to do their work themselves without needing any agents.

I feel this new bill is going to reduce frauds and increase public confidence in purchasing lands which will bring more money into the system. Many of the Millennial and Gen Z are refraining from land purchases due to the sheer complexity of the system and the possibility of loss of land and having to make rounds around the courts. This bill hopefully will reduce their woes and allay their fears.

Other attendees also told me in person that it was a fantastic session which greatly enhanced their understanding of the registration process. Of course, it is not for the uninitiated, we invited Advocates and Law Students to come to this talk and they were the intended audience, a layperson may not understand these aspects.

In summary, I say that understanding the rules of Registration in-depth is key. It is only with such an understanding that one can one leverage all the benefits of the system offered to us by the government. As future advocates and responsible citizens, we need to be able to guide our clients and families better.

Files from the Talk