Write any four exceptions to the registration of non-testamentary documents under Sub-section (2) of Section 17 of Registration Act.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2022
Write any four exceptions to the registration of non-testamentary documents under Sub-section (2) of Section 17 of Registration Act.
Answer & Explanation:
The registration of the non-testamentary documents mentioned in clauses (b) and (c) of Section 17(1) of the Registration Act, 1908 is subject to the exceptions provided in Sub-section (2) of Section 17. These are- any composition deed, i.e., every deed the essence of which is composition; or any instrument relating to shares in Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or any debentures issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far 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 to trustees upon trust for the benefit of the holders of such debentures; or any endorsement upon or transfer of any debenture; or any document other than the documents specified under section 17(1A) creating merely a right to obtain another document which will, when executed create, declare, assign, limit or extinguish any such right, title 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 other than that which is the subject-matter of the suit or proceeding; or any grant of immovable property by the Government; or any instrument of partition made by 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 any order granting loan made under the Agriculturists Loans Act, 1884 or instrument for securing the repayment of a loan made under that Act; or any order made under the Charitable Endowments Act, 1890 vesting any property in a treasurer of a charitable endowment or divesting any such Treasurer of any property; or any endorsement on a mortgage deed acknowledging the payment of the whole or any part of the mortgage money, and any other receipt for payment of money, due under a mortgage when the receipt does not purport to extinguish the mortgage; or any certificate of sale granted to the purchaser of any property sold by public auction by Civil or Revenue Officer.
Topics: Registration Act, 1908
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