Section 56 of The Dekkhan Agriculturists' Relief Act, 1879
Instruments executed by agriculturist not to be deemed valid unless executed before a Villageregistrar.
No instrument which purports to create, modify, transfer, evidence or extinguish an obligation for the payment of money or a charge upon any property, or to be a conveyance or lease, and which is executed after this Act comes into force by an agriculturist residing in any local area for which a Village-registrar has been appointed, shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon by any such person or by any public officer, unless such instrument is written by, or under the superintendence of, and is attested by, a Village-registrar: Provided that nothing herein contained shall prevent the admission of any instrument in evidence in any criminal proceeding, 1]or apply to any instrument which is executed by an agriculturist merely as a surety,] 2[or to any instrument required by Section 17 of the 3Indian Registration Act, 1877 (3 of 1877), to be registered under that Act.] [* * *]
Summary
- Legal documents involving an agriculturist that create a money obligation, charge property, or act as a lease or conveyance are invalid unless handled by a Village-registrar.
- The Village-registrar must either write the document or directly supervise its writing, and they must sign it as a witness.
- If a document bypasses the Village-registrar, no public officer or judge is legally allowed to accept it as evidence or act upon it.
- This strict requirement does not apply if the document is being used as evidence in a criminal court case.
- The rule also does not apply if the agriculturist is signing merely as a surety (someone promising to pay another person's debt).
- Documents that already require registration under Section 17 of the Indian Registration Act, 1877, are completely exempt from this Village-registrar rule.
Practical examples
FAQ
1. What happens if I make a contract with a farmer without a Village-registrar?
The contract will not be admitted in evidence by any judge, nor will any public officer act upon it, making it legally useless in civil disputes.
2. Can an unregistered document be used if someone is accused of fraud in a criminal trial?
Yes, the law makes a specific exception allowing these instruments to be admitted as evidence in criminal proceedings.
3. What is a surety?
A surety is a person who signs a document to guarantee that someone else will pay a debt, rather than receiving the money themselves.
4. Do all property documents need the Village-registrar?
No. If the document is of a type that must be registered under Section 17 of the Indian Registration Act, 1877, it is exempt from the Village-registrar requirement.
Test yourself
1.Under Section 56 of The Dekkhan Agriculturists' Relief Act, 1879, what specific role must the Village-registrar play for a standard money obligation to be deemed valid?
2.Under Section 56 of The Dekkhan Agriculturists' Relief Act, 1879, in which type of legal proceeding can an instrument bypassed by the Village-registrar still be admitted as evidence?
3.Under Section 56 of The Dekkhan Agriculturists' Relief Act, 1879, how does the law treat a document where an agriculturist is executing it merely as a surety?
4.Under Section 56 of The Dekkhan Agriculturists' Relief Act, 1879, what happens if an instrument is already required to be registered under Section 17 of the Indian Registration Act, 1877?