Registration Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 23 of Registration Act: Time for presenting documents
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:
Provided that a copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final.
Legal Commentary & Landmark Judgments: Section 23
Section 23 of the Registration Act, 1908 establishes the statutory limitation period of four months for presenting documents for registration from the date of execution.
Core Legal Standard: Section 23 enacts an imperative temporal rule: subject to the provisions of Sections 24, 25.
Operational Application: 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution.
Section 23 enforces procedural diligence by imposing a strict four-month limitation period for presenting documents for registration from the date of execution.
The proviso addresses cases where a decree or order is to be registered, directing that the four-month window runs from the day on which the decree or order was made, or, where it is appealable, from the day on which it becomes final. The section ensures that documents are placed on official public record promptly, preventing clandestine or antedated conveyancing.
Key Landmark Precedents:
Raj Kumar Dey v. Tarapada Dey, (1987) 4 SCC 398: The Supreme Court held that where the presentation of an award or document for registration within four months is prevented by a stay order of a court, the period of injunction must be excluded applying the maxim actus curiae neminem gravabit.
State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: The Court emphasized that the four-month limitation under Section 23 is a statutory mandate that cannot be altered by administrative executive circulars.
Legal Commentary:
The four-month presentation deadline under Section 23 is strictly enforced. If four months elapse from the date of execution, the Sub-Registrar has no jurisdiction to accept the document unless the parties apply to the Registrar under Section 25 within an additional four months explaining unavoidable urgent cause.
Legal Commentary & Landmark Judgments: Section 23
Section 23 of the Registration Act, 1908 establishes the statutory limitation period of four months for presenting documents for registration from the date of execution.
Section 23 enforces procedural diligence by imposing a strict four-month limitation period for presenting documents for registration from the date of execution.
The proviso addresses cases where a decree or order is to be registered, directing that the four-month window runs from the day on which the decree or order was made, or, where it is appealable, from the day on which it becomes final. The section ensures that documents are placed on official public record promptly, preventing clandestine or antedated conveyancing.
The four-month presentation deadline under Section 23 is strictly enforced. If four months elapse from the date of execution, the Sub-Registrar has no jurisdiction to accept the document unless the parties apply to the Registrar under Section 25 within an additional four months explaining unavoidable urgent cause.