A Study on Drafting, Conveyancing, Stamping and Registration of Commercial and Other Documents The Institute of Chartered Accountants of India (Set up by an Act of Parliament) New Delhi© The Institute of Chartered Accountants of India. : All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic mechanical, photocopying, tecording, or otherwise, without prior permission, in writing, from the. publisher. Edition : January, 2011 Committee/ Department : Committee on Economic, Commercial Laws &WTO Emait : [email protected], [email protected] Website t www. icai.org Price : = 230/- ISBN : 978-81-8441-448-6 Published by : The Publication Department on behalf of the Institute of Chartered Accountants of India, ICAL Bhawan, Post Box No, 7100, Indraprastha Marg, New Delhi — 110 002. Printed by : Sahitya Bhawan Publications, Hospital Road, ‘Agra 282 003. : June/2011/1,000 copiesForeword Drafting is an art, the success of which depends on the masterly skills of a draftsman. Drafting of commercial documents presupposes knowledge of the commercial and legal background of the underlying transactions, besides linguistic skills. In spite of the fact that standard transactions may necessitate uniform or standard documentation and the fact that in this electronic age when documents can be reproduced/edited with ease at the click of a mouse, Grafting still remains a specialized skill which involves application of a fair degree of common sense, legal knowledge and linguistic skills, which one acquires over a period of time, with continuous application of the fundamental principles of drafting tempered with the experience of how they are interpreted at a later date in courts of law when the rights/ obligations emanating from them are fought out. Even the best of transactions/deals can ‘come to naught if the documentation of the same does not stand the scrutiny of law. Poor drafting can make or mar a transaction with: multiple interpretations of a clause which can render the whole document totally ineffective, in spite of ail the best of intentions. Chartered Accountants being advisors to business entities are quite close to various commercial transactions; how they are structured and how they are put through; documentation thereon; financial implications, taxation etc and are an integral part of it. Invariably either they are a party to the drafting exercise or are called upon to give their advice on the nature of the underlying transactions to other drafting professionals. It is in this context that the Committee on Economic, Commercial laws & WTO under the Chairmanship of CA Rajkumar S. Adukia has come out with this Publication on “A Study on Drafting, Conveyancing, Stamping and Registration of Commercial and Other Documents” which would be quite useful fo members and other readers in sharpening their skills in the area. 1am confident that the book will be quite interesting and useful to all the users. New Delhi CA. Amarjit Chopra “Date : 4 January, 2011 President, ICAIPreface A typical product of drafting is a document embodying an agreement or accord between parties, often separately advised and represented, and intended to regulate the fegal relationship between those parties. A well-drafted document should marry together the relevant facts and law in a Clear and concise manner and encapsulate the final agreed instructions. or negotiations. Drafting of documents is a highly complex job. Unless one has a comprehensive knowledge of the various tegislations and their application, it is extremely difficult to draft a document. Each situation requires a unique sense of handling, recital and approach to the problem. The document may be moulded to be in conformity with the laws of the country, whilst satisfying the main intention of the parties to the document. The degree of success in any dispute before a court of law largely depends on the drafting skills of an advocate. Conveyancing is the drafting of the documents necessary for the transfer of real property, such as deeds and mortgages. Drafting a set of regulations begin with an outline to organize the subject matter of the regulations. The amount of effort put in the beginning phase of a drafting project will have a great impact on the usefulness of the final product. Without proper: organization and arrangement, and the clarity that results from the use of good drafting principles, major topics of a document can easily be lost. The art of drafting requires a thorough understanding of rules and principles. Legal drafting is an applied art which needs intelligence and knowledge in its preparation. The subject of legal drafting is of extreme importance for the legal process as a whole. {am thankful to CA. Amarjit Chopra, President, ICAl and CA. G. Ramaswamy, Vice-President for the support and guidance given to the Committee. V also thank the Vice Chairman of the Committee CA. P. Rajendra Kumar and other colleagues of the Committee CA. Pankaj |. Jain, CA. Mahesh P. Sarda, CA. Shiwaji B. Zaware, CA, Devaraja Reddy M., CA. Manoj Fadnis, CA. Anuj Goyal, CA. Naveen N.D. Gupta, CA. Charanjot Singh Nanda, Dr. T. V. Somanathan, Shri Deepak Narain, Shri Sidharth Birla, CA. Vikrant K, Gugnani,, CA. Anoop Dhanda, CA. Vijay Kumar Choudhary, CA. Asheesh Sharma and CA. Sudhir Malik for their valuable involvement in bringing out this publication.owe a word of gratitude to CA. Aseem Chawla for his contribution towards the Book. {hope that the readers would find the study interesting and useful and relevant for their professional work. New Deihi CA. Rajkumar S. Adukia Date : 4" January, 2014 Chairman . Committee on Economic, Commercial Laws & WTO.Sino. Details Documents Registration Stamping Deeds Drafting Conveyancing ~ ‘Types of documents and their features Wills Contents Page no. 1 6 23 49 a7 68 85 108t : ' Documents Documents Ordinarily the word “document” denotes a textual record. The dictionary meaning of the term ‘document! is “something that serves as evidence or proof; an original or official paper relied on as the basis, proof, or support of something; a writing conveying information”. However, given the rapidly growing’ quantity of texts being referred to as “documents”, issues concerning the import of the term ‘Documents’, arise in the legal arena. In this regard, Black’s Law Dictionary, defines the term ‘document’ as “deeds, agreements, fitle papers, letfers, receipts, and other written instruments used to prove a fact’, whereas an ‘instrument’ is defined as a “written legal document that defines rights, duties, entitlements or liabilities, such as a contract, will, promissory note or share certificate.” 2 Statutory Definition Indian enactments refer to the term “Documents” in the following manner — 4. General Clauses Act, 1897 — "Document" shall include any matter written, expressed or described upon any substance by means of letters, figures, or marks or by more than one of those means, which is intended to be used or ‘which may be used for the purpose of recording that matter?. Further, the Act states that expressions referring to "writing" shall be construed as including references to printing, lithography, photography and other modes of representing or reproducing words ina visible form‘. ‘ Merriam-Webster Collegiate Dictionary 11! Ed. 2 Black's Law Dictionary, 8" Ed. Thompson West, p.519. . 3 General Clauses Act, 1897Section 3 (18). 4 General Clauses Act, 1897, Section 3(65).Drafting, Conveyancing, Stamping and Registration 2. Indian Evidence Act, 1872 ~ “Document” means any matter expressed or described upon any ‘substance by means of letters, figures or marks or by more than one of those means, intended to be used or which may be used, for the purpose of recording that matter’. Accordingly, the Act considers the following as documents® — A writing; Words printed, lithographed or photographed; Amap or plan; An inscription on a metal plate or stone; Acaricature, oe eee 3. Indian Penal Code, 1860 - The word ‘Document’ denotes any matter expressed or described upon any substance by means of letters, figures, or marks or by more than one of those means, intended to be used or which may be used as evidence of that matter’. Thus the word “Document” has been used in a wide sense, and includes instruments, deeds, agreements, etc. Drafting ‘Draiting’ is the practice, technique, or skill involved in preparing legal documents such as statutes, rules regulations, contracts, and wills that set forth the rights, duties, liabilities and entitlements of persons and legal entities®. Drafting may broadly be done with reference to the following branches: 1. Statutory Drafting The documents that are required to be composed in accordance with the principles of legal composition may be generally described as “All 5 Indian Evidence Act, 1872, Section 3. £ Illustrations under Section 3 of Indian Evidence Act, 1872. T Indian Penal Code, 1860, Section 29. ® Ibid at 2, 9 $31. | |Documents writings expressly intended to be, or which frequently become, the subject of legal interpretation”. Statutory drafting cover: a) Statutes and Enactments : The composition and drafting of laws, enactments or statutes of the legislative body or Parliament. b) Quasi-Legislative Documents : The term quasi-judicial means “of or relating to, or involving an executive or administrative official's adjudicative acts”, i.e. having a partly legislative character by possession of the right to make tules and regulations having the force of law’. Therefore, these documents would include the Memorandum or Articles of Association of a Company, or by-laws of a society. 2. Conveyancing The term Conveyance in legal parlance means the voluntary transfer of a tight or of property. It is transfer of an interest in real property from one living person to another, by means of an instrument such as a deed. Accordingly, conveyancing is the act or business of drafting and preparing legal instruments, especially those that transfer an interest in teal property”. Conveyancing is the art or science of preparing documents and investigating {itle in connection with the creation and assurance of interests in fand11. Conveyancing is guided by social practices, customs and usage, prudence and precedents. The most common type of document illustrating a conveyance is adeed of sale, mortgage, lease etc. However, ‘Conveyancing’, in relation to drafting of deeds has a wider use when it is referred in relation to drafting of various other documents like a marriage contract, a will, etc. in which no transfer may be involved. ‘bid, p. 1278. ‘0d, p 1p. 357-358. reli Lando es, 1988).Drafting, Conveyancing, Stamping and Registration 3. Pleadings Pleadings are “formal documents in which a parly to a legal proceeding sets forth or responds to allegations, claims, denials or defenses."12 As per the Code of Civil Procedure, 1908 the term “Pleading” means a plaint or a written statement!3. Thus, pleadings are statements in writing, submitted in a court by the parties to a case, concisely stating the facts of the case any evidence relied upon, and the relief claimed. It also includes all such documents submitted to a court during the pendency of a suit and all minor and/or incidental documents and/or writings prepared and submitted in the course of a suit. Pleadings provide such details as are requisite for the opposing parties to prepare their case and are governed, inter alia, by Orders VII and VIII of the Code. No Documents for Certain Transactions The transfer of immovable properties in India is governed by the provisions of Transfer of Property Act, 1882. As per the Act, the requirement of written documents/deeds can be dispensed with in all cases of transfer of immovable property, where writing is not expressly required by law'4. For determining whether a transaction can be made without writing, one has to see if it is expressly required by law to be in writing. Accordingly, if the transaction is a transfer of property and there is no express provision of law sequiring it to be made without writing, the Act would enable it to be made without writing®. There exist innumerable instances where courts have recognized oral transfers such as release, relinquishment, surrender, compromise, partition, transfer of easementary rights, settling maintenance, claims, creating charge, dedication to an idol, family settlements etc. Wid, p 1191. *8 Order Vit. +4 Transfer of Property Act, 1882, Section 9. 8 Weaver Mils v. Bulkies Ammal, AIR 1969 Mad. 462, Sarandaya Piliai v. Shankararalioga Pilal, 4959, (2) MLJ 502. .Documents Case laws ~ ¢ Partition of joint family properties: Satya Kumar v Satya Kripal'®; Peddu Reddiar v Kothanda Reddit” © Compromise of Claim: Thiruvengada Chariar v Ranganatha’® * Transfer by Husband to wife for future maintenance: Madain Pillai v Badrakali® ¢ Transfer in consideration of marriage: Serandaya Pillai v Sankaralingam Piltaj2? * Mortgage by deposit of Title Deed: A mortgage by deposit of title deed or an equitable mortgage does not need tobe in writing. ¢ A transfer of immovable property of value less than Rs.100/- can be effected orally. « A lease for less than one year: Gulab Khan v Lal Muhammad?! ~A lease of immovable Property for a period less than one year made by an oral agreement accompanied by delivery of possession does not need to be in writing. * A Hindu Religious Endowment: Gangi Reddi v Tammi Reddy? - A dedication by a Hindu of property for the purpose of a religious charity according to the Hindu Law can be made without any instrument in writing. But the appropriation or alienation must be made by an act inter vivos and not in future by a will. 48 (1909) 10 CLI 503. AIR 1966 Mad 419. 1843 MLJ 600, 18.45 Mad 612 (FB). 2 (1959) 2MLI 502, ZVAIR 1926 Oudh 609, 2 ILR 60 Mad 421(PC); 54 IA 136; 1927 PC 80; 50 MLW 524,. 5Registration Registration means recording of the contents of a document. The regis‘ration of documents is subject to the provisions of the Registration Act, 1908. The Act was promulgated to consolidate the enactments relating to the registration of documents and with the objective of conservation of evidence and title. ‘The main purpose of the Act, is to provide a method of public registration of documents, to give information to people regarding legal rights and obligations arising or affecting a particular property and to perpetuate documents which may afterwards be of legal importance, and also to prevent fraud. Therefore the objectives can be listed as follows: 1. The conservation of evidence, 2. Assurance of title, publicity of documents and prevention of fraud. Registration ensures and safeguards the interest of an intending purchaser. Brief History of the Registration Act 1908 The Act was originally titled as the indian Registration Act, 19084.The first complete law for the registration of documents was Act XVI of 1864, which consolidated and amended all previous laws relating to the registration of assurances. It introduced a system of compulsory registration for certain categories of documents and abolished the provisions limiting the rights of pridrity to registered deeds as against unregistered document of the same nature. However, the right of priority was given to a document optionally registerable and not to documents compulsorily registerable. Thus, if two documents A and B were both optionally registerable, and only A was registered, then A would have priority over B. But if A was compulsorily registerable and B was optionally registerable, the fact that A was registered did nat entitle it to priority over B. 22 Vide the Indian Registration (Amendment) Act 1969, the word “Indian” was omitied.Registration The law relating to registration of assurances was amended from time to time and vide Act Ili of 1877provisions according priority to registered documents irrespective of whether they were optionally or compulsorily registerable were introduced. Basics Under the Act, the contents of a document are recorded with a Registering Officer appointed by a State Government. The State may exclude any district or tracts of country from its operation. The Registering Officer performs the function of preserving copies of the original document. The Act deals with cases where transactions between individuals are put in writing and provide for compulsory or optional registration, as the case may be, of such written instruments. It does not deal with transactions that are not in writing. Registration Establishment Under the Act, the following authorities deal with registration of documents: * Inspector General of Registration ( as appointed by a State Government under Section 3) + Inspectors of Registration Offices (as appointed by a State Government and is subordinate to the Inspector General under Section 8) The State government is further empowered to form districts and sub- districts, while prescribing and/or altering its limits under Section 5, while appointing Registrars for several districts and sub-registrars for several sub- districts under Section 6. Documents: where registered? Document are to be presented for registration at the office of Registrar/Sub- Registrar in whose jurisdiction the property is located. Documents relating to immovable property are to be registered in the office of the Sub-Registrar of sub-district within which whole property or some 7Drafting, Conveyancing, Stamping and Registration portion thereof, is situated. Other documents can be registered in the office of the Sub-Registrar where all persons executing the document desire it to be registered. A Registrar can accept a document which is registerable with the sub- registrar who is subordinate to him. Documents should be presented for registration in the office of the Registrar/Sub-Registrar. However, in special cases, the officer may attend the residence of any person to accept a document or will. Registerable Documents: Distinction on the basis of “Compulsory” and “Optional” registration of documents has been made under the Act vide sections 17 and 18 respectively, Registration of documents pertaining to immovable property of value INR 100/- or more falls under the Compulsory head under the Act, whereas the documents of immovable property of value less than INR 100/- falls under the Optional head. Optional registration of documents also includes lease of immovable property for a term lesser than one year and instruments of wills and movable property. Further, documents provided under Section 17(2} of the Act, are not required to be registered even though they related to immovable property. Registration is not essential to the admissibility of documents executed prior to 1% January, 1865, though they may be of the nature of documents which under later enactments are compulsorily registerable*. Similarly unregistered documents executed at a time when the law did not require them to be registered would be admissible in evidence despite their non-registration®. Accordingly, the’ question whether registration of a document in a suit is governed by the law as it exists when the suit is brought, Section 17 of the Registration Act provides the necessity for registration of certain classes of documents as defined in clauses (a) to (e) of that section. Section 49 of the Act, provides that any document so required to be registered, shall not affect any immovable property comprised therein or to 24 Tiru Mala v. Lakshmi LR 2 Mad. 147. 25 Desaid Motiial Mangalji v. Desai Parshotam Nand Lal, LL.E 4 Agra 283. 25 Gandamal v, Uttamachand, A.LR 1933 Lah. 1038 at p. 1039. 8Registration be received in evidence affecting such transaction unless it has been duly registered. Compulsorily Registerable Documents: ‘As per section 17 of the Registration Act, 1908, the registration of the following documents is compulsory: 4. The following documents shail be registered, if the property to which they relate is situated in a district in which, and if they have been executed on or after the date on which, Act No. XVI of 1864, or the Indian Registration Act, 1866, or the Indian Registration Act, 1871, or the Indian Registration Act, 1877 or this Act came or comes into force, namely: a) instruments of gift of immovable property, b) ~other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees, and upwards, to or in immovable property; c) non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; and d) leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; non-testamentary instruments transferring or assigning any decree or order of a court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property: e) PROVIDED that the State Government may, by order published In the Official Gazette, exempt from the operation of this sub-section any leases executed in any district, or part of a district, the terms 9Drafting, Conveyancing, Stamping and Registration granted {by which do not exceed five years and the annual rent teserved by which do not exceed fifty rupees. 2. Nothing in clauses (b) and (c) of sub-section (1) applies to- vi. vii. viii. any composition-deed; or any instrument relating to shares in a joint stock company, Notwithstanding that the assets of such company consist in whole or in part of immovable property; or any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein fo trustees upon trust for the benefit of the holders of such debentures; or any endorsement upon or transfer of any debenture issued by any such company; or . any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred Tupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, {itle or interest; or any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property cther than that which is the subject-matter of the sult or proceeding; or any grant of immovable property by government; or any instrument of partition made by a revenue officer; or . any order granting a loan or instrument of collateral security granted under the Land Improvement Act, 1871, or the Land Improvement Loans Act, 1883; or 103. Registration x. any order granting a loan under the Agriculturists Loans Act, 1884, or instrument for securing the repayment of a loan made under that Act; or xa. any order made under the Charitable Endowments Act, 1890, (6 of 1890) vesting any property in a Treasurer of Charitable Endowments or divesting any such treasurer of any property; or xi. any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the morigage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage; or xii. any certificate of sale granted to the purchaser of any property sold ‘by public auction by a civil or revenue officer. Explanation: A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed fo require or ever to have required registration by reason only of the fact that “such document contains a recital of the payment of any earnest money or of the whole or any part of the purchase money. Authorities to adopt a son, executed after the ist day of January, 1872, and not conferred by a will, shall also be registered. Optionally Registerable Documents: Under section 18 of the Registration Act, any of the following documents may be registered, {.e. at the option of the executants, namely — a) b) Instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, ofa value less than one hundred rupees, to or in immovable property; Instruments acknowledging the receipt or payment of any consideration ‘on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest; 1Drafting, Conveyancing, Stamping and Registration ¢) Leases of immovable property for any term not exceeding one year, and leases exempted under Section 17; cc) Instruments transferring or assigning any decree or order of @ court or any award when such decree or order or award purporls or operates to create, declare, assign, limit or extinguish, whether in Present or in future, any right, title or interest, whether vested or contingent, of a value less than one hundred tupees, fo or in immovable property; d) Instruments (other than wills) which purport or Operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property; e) Wills; and f) All other documents not required by section 17 to be registered. Documents Exempted from Registration Certain documents executed by or in favour of the Government are exempted from registration by virtue of section 90 of the Registration Act 1908. Exemption of certain documents executed by or in favour of government 1) Nothing contained in this Act or in the Indian Registration Act, 1877, or in the Indian Registration Act, 1871, or in any Act thereby repealed, shall be deemed to require, or to have any time required, the registration of any of the following documents or maps, namely: a) documents issued, received or attested by any officer engaged in making a settlement or revision or settlement of land revenue, and which form part of the records of such settlement; or b) documents and maps issued, received or authenticated by any officer engaged on behalf of the government in making or revising the survey of any land, and which form part of the record of such survey; orree ee ER LE RA 2) Registration ¢) documents which, under any law for the time being in force, are filed periodically in any ravenue office by patwaris or other officers charged with the preparation of village records; or ) sanads, inams, title-deeds and other documents purporting to be or to evidence grants or assignments by government of land or of any interest in land; or . e) notice given under section 74 or section 76 of the Bombay Land- Revenue Code, 1879, or relinquishment of occupancy by occupants, or of alienated land by holders of such land All such documents and maps shall, for the purposes of sections 48 and 49, be deemed to have been and to be registered in accordance with the provisions of this Act. Filing Requirements: If a property is located in Delhi, the following documents are to be submitted: 1. 2. Document to be registered (in duplicate); ‘Two passport size photographs of both parties. (Also fingerprints of the buyer and seller to be affixed to the document ~ in case of transfer of ownership of immovable property); ‘Two witnesses; Proof of identification of each party and witnesses: an election identity Card, passport, identity Card issued by the Govt. of India, Semi govt. and autonomous bodies or identification by a Gazetted officer; In case the property is/was under a lease from D.D.A., L&D0, M.C.D., Industries Department, Labour Department of Delhi Govt, etc., permission of lessor for the registration of the document; No objection Certificate under section 8 of Delhi Land (Restriction and Transfer) Act, 1972 from tehsildar of the sub- division of the district to the effect that the property is not under acquisition, 3Drafting, Conveyancing, Stamping and Registration ‘The documents that are presented for registration should be accompanied by their true copies. Any blanks, erasure or alteration in the document should be attested by the person executing the document with their signatures. Procedure 1. Requisite documents are submitted to the Reader for scrutiny. After scrutiny, the Reader indicates the Registration fee required, on the document itself; ‘The registration fee is to be deposited with the cashier against a receipt; After depositing the fees, the documents are required to be presented before the sub-Registrar by the parties in accordance with Section 32 of the Registration Act, 1908; Endorsements made on the document after completion of formalities before the sub-registrar: * Day, hour and place of presentation the photographs and fingerprints affixed under section 32-A, and the signature cf the person presenting the document are to be endorsed on every document ¢ Receipt for such document, which is given to the person presenting the document. On every document submitted for registration, the following particulars are to be endorsed: ¢ Signature and addition of every person admitting the execution of the document; * Signature and addition of every person examined in reference to such document; © Any payment of money or delivery of goods and any admission of receipt of consideration made in the presence of the registering officer in reference to the execution of the document. 44of of ng Registration 5. The delivery of document is made on the production of the receipt issued by the cashier in respect of the document at the time of presentation. Time of Presentation for Registration: As per section 23 of the Act, documents should be submitted for registration within 4 months from the date of execution and a decree or order of a court can be submitted within four months from the day it becomes final. Further, section 24 states that if a document is executed by several. persons at _ different times, it may be presented for registration within 4 months from the date of each execution. Section 25 mandates that in cases where delay in the presentation of a document is unavoidable, the Registrar may accept the document for registration on payment of fine not exceeding ten times the amount of registration fee. In case documents are executed outside of India, provisions~ of section 26 would apply, which states that such a document can be presented for registration within four months after its arrival in India. However, optionally registerable instruments like wills may be presented for registration at any time and deposited in any manner. Re-registration Where any document requiring registration has been accepted for tegistration 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 form his first becoming aware that the registration of such document is invalid, present such document or cause the same fo 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 has not been 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 this Act, as to registration of documents, shall apply to such re- registration; and such document, if duly re-registered in accordance with the 15Drafting, Conveyancing, Stamping and Registration 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 twelfth day of September, 1917, any person claiming under a document 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 became aware that the registration of the document was invalid.”” Presentation of Documents As per section 32 of the Registration Act, 1908, every document to be registered shall be presented at the registration office: * By some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or « By the representative or assign or such a person, or « By the agent of such a person, representative or assign, duly authorized by power-of-attorney and authenticated in the manner hereinafter mentioned. As per section 33 of the Act, for the purpose of section 32, only the following powers-of-attorney shall be recognized: a) If the principat at the time of executing the power-of-attorney residas in any part of India in which the Act is in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides; b) If the principal at the time aforesaid (resides in any part of India in which this Act is not in force), a power -ofattorney executed, before and authenticated by any magistrate; ¢) If the principal at the time aforesaid does not reside in India, a power-of- attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, (Indian) consul or Vice-Consul, or representative of the Central government. * 7 Registration Act, 1908, Section 234. 16Registration Provided that the following persons shali not be required to attend at any registration-office or Court for the purpose of executing any such power- of-attorney as is mentioned in clauses (a) and (b) of this section, namely i. Persons who by reason of bodily infirmity are unable without risk or serious inconvenience to attend; ii. Persons who are in jail, under civil or criminal process; and iti, Persons exempted by law from personal appearance in court. Registration by Registering Officer If the Registering Officer is satisfied about the identity of persons and if they admit about execution of documents, and after registration fees are paid, the registering officer will register the document. He wili make necessary entries in the register maintained by him. Certification of registration After all formalities are completed, the Registering Officer will endorse the document with the word ‘Registered’, and put his signature on if, The endorsement will be copied in the Register maintained by the Registering Officer. After registration, the document will be returned to the person who presented the document. After ail the provisions that apply to the document presented for registration have been complied with: © The Registering Officer shall endorse on the document,. a certificate containing the word “registered’ and number and page of the book in which the document has been copied. « Such certificate will be Signed, Sealed and Dated by the registering officer. © The Ceriificate shall be admissible for proving that the document has been duly registered and the facts mentioned on the document as endorsements have occurred as therein mentioned. W