The Registration Act, 1908 is an important legislation governing the registration of various documents related to immovable properties in India. It was enacted to ensure that all transactions related to immovable properties are registered, and that the registration process is transparent and efficient.
Section 2(6) of the Registration Act defines immovable property as follows:
“Immovable property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass.”
This definition is quite comprehensive and covers all kinds of immovable properties that can be registered under the Act. It includes land, buildings, and other kinds of property rights that can arise out of land, such as easements, ferries, and fisheries.
Section 17(1)(d) of the Registration Act specifies the documents that need to be registered in case of a transfer of immovable property. This section provides that any agreement or memorandum of an agreement that purports to transfer any immovable property for a value exceeding one hundred rupees, must be registered. The section further provides that failure to register such a document will render it invalid and unenforceable in a court of law.
Thus, section 17(1)(d) makes it mandatory for any transfer of immovable property to be registered, and failure to do so can have serious legal consequences. The purpose of this provision is to ensure that all transfers of immovable property are properly documented and registered, which in turn helps to prevent fraud and disputes over property ownership.
In conclusion, the Registration Act, 1908 is an important legislation that regulates the registration of various documents related to immovable properties in India. Section 2(6) defines immovable property comprehensively, while section 17(1)(d) makes it mandatory for all transfers of immovable property to be registered, failure to do so will render the document invalid and unenforceable in a court of law.