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THE REGISTRATION ACT (Central Act No XVI OF 1908)
PART IV
Registration Act of the time of presentation
23. Time for presenting document. - Subject to the provisions
contained in Sections 24, 25 and 26, no document other than a will shall be
accepted for registration unless presented for that purpose to the proper officer
within four months from the date of its execution:
Provided that a copy of a decree or order may be presented
within four months from the day on which the decree or order was made, or, where
it is appealable, within four months from the day on which it becomes final.
23A. Re-registration of certain documents. - Notwithstanding
any thing to the contrary contained in this Act, if in any case a document requiring
registration has been accepted for registration by a Registrar or Sub-Registrar
from a person not duly empowered to present the same, and has been registered,
any person claiming under such document may, within four months from his first
becoming aware that the registration of such document is invalid, present such
document or cause the same to be presented, in accordance with the provisions
of Part VI for re-registration in the office of the Registrar of the district
in which the document was originally registered; and upon the Registrar being
satisfied that the document was so accepted for registration from a person not
duly empowered to present the same, he shall proceed to the re-registration
of the document as if it had not be previously registered, and as if such presentation
for re-registration was a presentation for registration made within the time
allowed therefor under Part IV, and all the provisions of the Act, as to registration
of document, shall apply to such re-registration, and such document, if duly
re-registered in accordance with the provisions of this section, shall be deemed
to have been duly registered for all purposes from the date of its original
registration :
Provided that, within three months from the twelth day of September,
1917, any person claiming under a documet to which this section applies may
present the same, or cause the same to be presented for re-registration in accordance
with this section whatever may have been the time when he first become aware
that the registration of the document was invalid.
24. Documents executed by several persons at different times.-
Where there are several persons executing a document at different times, such
document may be presented for registration and re-registration whtin four months
from the date of each execution.
25. Provision where delay in presentation is unavoidable. -
(1) If, owing to urgent necessity or unavoidable accident, any document executed
or copy of a decree or order made, in India is not presented for registration
till after the expiration of the time hereinbefore prescribed in that behalf,
the Registrar in cases where the delay in presentation does not exceed four
months, may direct that, on payment of a fine not exceeding ten times the amount
of the proper registration fee, such document shall be accepted for registration.
(2) Any application for such direction may be lodged with a
Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is
subordinate.
26. Documents executed out of India. - When a document purporting
to have been executed by all or any of the parties out of India is not presented
for registration till after the expiration of the time hereinbefore prescribed
in that behalf, the registering officer, if satisfied -
(a) that the instrument was so executed, and
(b) that it has been presented for registration within four
months after its arrival in India, may, on payment of the proper registration
fee, accept such document for registration.
27. Wills may be presented or deposited at any time. - A will
may at any time be presented for registration or deposited in manner hereinafter
provided.
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