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Report No. 31

Section 30(2) of the Indian Registration Act, 1908 - Extension to Delhi

1. Subject-matter of the Report-Suggestion relating to section 30(2) Registration Act. -

The subject-matter of this Report may be briefly stated. Under section 30(2) of the Indian Registration Act1, the Registrar of "a district including a Presidency-town" may receive and register any document referred to in section 28 without regard to the situation in any part of India of the property to which the document relates. This is an exception to the ordinary rule in section 30(1), read with section 28, under which (to state the matter very broadly), the power of a registering officer is confined to documents relating to property situated wholly or partly within his jurisdiction2.

(There is a special provision relating to certain documents3, but the documents that usually require registration4 fall outside it, and that provision need not therefore be considered).

1. Indian Registration Act, 1908 (16 of 1908).

2. Section 30(1) read with section 28 and with section 17(1)(a) to (e), section 17(2), 18(a)(b)(c), etc., Indian Registration Act, 1908 (16 of 1908).

3. Section 30(1), read with section 29, Indian Registration Act, 1908.

4. Section 17(1)(a) to section 17(1)(e), Indian Registration Act, 1908.

2. Section 30(2), however (as adapted in 1947), remains confined1 to the three Presidency-towns2. Now, a suggestion3 has been made that it should be extended to Delhi. It is this suggestion which is the subject-matter of this Report4.

1. Para. 1, supra.

2. Cf. Rustomji Registration Act, (1939 Edn.), p. 207 for old section.

3. The suggestion is at S. No. 1 in Law Commission's file No. 1(P)/63-LC, and there are similar or connected suggestions at S. No. 8 (Suggestion of the Delhi Administration), and S. No. 14 in that file.

4. Detailed discussion of the suggestion is in para. 4, infra.

We quote section 30(2) below, for convenience of reference.

Section 30(2) as it stood before the Adaptation of Laws Order, 1948.

Section 31(2) as it stands now.

"(2) The Registrar of a district including a Presidency-town and the Registrar of the Lahore District may receive and register any document referred to in section 28 without regard to the situation in any part of British India of the property to which the document relates." ""(2) The Registrar of a district including a Presidency-town may receive and register any document, referred to in section 28 without regard to the situation in any part of India of the property to which the document relates."


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