Section 21 of The Registration Act, 1908
- (1)No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
- (2)Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.
- (3)Other houses and lands shall be described by their name, if any, and as being the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.
- (4)No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts. STATE AMENDMENT Assam Insertion of new Section 21A.-- In the principal Act, after the existing section 21, the following new section 21A shall be inserted, namely:-- "21A. No registration of non-testamentary instruments without no objection certificate.-- Notwithstanding anything contained in any other provision of this Act, no non-testamentary instrument relating to immovable property shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order, etc., issued by the State Government from time-to-time: Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period." [Vide Assam Act 29 of 2009, s. 2]
Summary
- Non-testamentary documents about land or buildings must have a clear description to be registered.
- The description provided must be sufficient to identify the property without any confusion.
- For houses in towns, you must list the street name and specify which side of the road the house is on.
- Town houses must also be described by their current and previous occupants and their house numbers.
- Other lands must be described by their name, territorial division, and the properties they touch.
- If a document includes a map or plan, you must provide a true copy of that map for the office.
Practical examples
FAQ
1. What information is needed for a town house under Section 21 of The Registration Act, 1908?
Under Section 21 of The Registration Act, 1908, you must provide the street name, the side of the street, the house number, and details of current and former occupants.
2. Can I register a land deed without a description under Section 21 of The Registration Act, 1908?
No, Section 21 of The Registration Act, 1908 states that no non-testamentary document relating to land shall be accepted unless it contains a sufficient description to identify it.
3. Do I need to include a map under Section 21 of The Registration Act, 1908?
Section 21 of The Registration Act, 1908 says that whenever it is practicable, you should refer to a government map, and if you use a map, you must provide a true copy.
4. What happens if my property is in two different districts according to Section 21 of The Registration Act, 1908?
According to Section 21 of The Registration Act, 1908, you must provide a number of true copies of the map equal to the number of districts the property is in.
Test yourself
Q1.Under Section 21 of The Registration Act, 1908, what is the main goal of the property description?
Q2.For houses in towns, which detail is specifically required by Section 21 of The Registration Act, 1908?
Q3.According to Section 21 of The Registration Act, 1908, what must accompany a document that contains a property map?
Q4.If a document contains a map for a property in four different districts, how many copies of the map are required under Section 21 of The Registration Act, 1908?