Section 23 of the Registration Act, 1908: Time for Presenting Documents

Section 23 prescribes the ordinary time limit for presenting a document for registration in India. Except for wills and subject to Sections 24, 25 and 26, a document must generally be presented to the proper registering officer within four months from its execution. The period concerns presentation of the document, not necessarily completion of the registration process.

Text of Section 23 - Time for presenting documents

Meaning and application of Section 23

Execution generally means signing or otherwise validly executing the instrument by the person concerned. Presentation means submitting the document for registration to the competent registering officer in accordance with the Act. The ordinary four-month period runs from the date of execution, subject to applicable statutory exceptions and State amendments.

Section 23 applies to documents submitted for compulsory registration under Section 17 and to documents submitted for optional registration under Section 18, where applicable.

Exceptions and connected provisions

Wills

Section 23 expressly excludes wills from its ordinary four-month deadline. Section 27 permits a will to be presented for registration or deposited at any time. Other requirements for valid presentation and registration still apply.

Decrees and orders

A copy of a decree or order may be presented within four months from the date on which it was made. Where the decree or order is appealable, the proviso permits presentation within four months from the date it becomes final. Whether a particular decree or order requires registration is a separate question under the Act.

Section 24 - Execution by different persons at different times

Where several persons execute the same document at different times, Section 24 provides for presentation for registration and re-registration within four months from each execution. Read Sections 23A and 24.

Section 25 - Delay due to urgent necessity or unavoidable accident

If a document executed in India is presented after the ordinary deadline owing to urgent necessity or unavoidable accident, the Registrar may, where the additional delay does not exceed four months, allow registration on payment of a fine not exceeding ten times the proper registration fee. Relief is discretionary and subject to the statutory conditions; it is not an automatic extension. Read Section 25.

Section 26 - Documents executed outside India

For documents executed outside India, Section 26 provides a distinct procedure: the registering officer may accept a document presented after the ordinary period if satisfied that it was executed outside India and presented within four months after its arrival in India, on payment of the prescribed registration fee.

Practical points before presenting a document

• Confirm the date or dates of execution and calculate the applicable statutory period.
• Identify the competent registration office and the persons authorized to present the document under the Act.
• Check applicable State amendments, local registration rules, fees and appointment requirements.
• Where presentation is late, examine Section 25 or Section 26 promptly rather than assuming registration remains possible indefinitely.
• Keep proof of presentation, payment and any order permitting delayed presentation.

Important: The central Act is explained here. State amendments and registration rules may modify the procedure or applicable requirements. Check the law governing the relevant property and registration office.

Official legal sources

For the enacted text and applicable amendments, refer to the Registration Act, 1908 on India Code and the relevant State Registration Department. The Delhi Revenue Department's Part IV text also reproduces the provisions on time of presentation.