Sections 23A and 24 of Registration Act, 1908: Re-registration and Different Execution Dates

Sections 23A and 24 of the Registration Act, 1908 address two distinct registration issues: correcting an earlier registration where the document was presented by a person without authority, and the time allowed when several persons execute one document on different dates.

At a glance: Section 23A generally permits re-registration within four months after a claimant first learns of invalid registration due to improper presentation. Section 24 allows presentation within four months from each execution when different parties sign on different dates. State amendments and applicable registration rules should also be checked.

Section 23A - Re-registration of certain documents

Section 23A begins with a non-obstante clause ("notwithstanding anything to the contrary contained in this Act"). It creates a special mechanism where a document requiring registration was accepted and registered by a Registrar or Sub-Registrar even though the person who presented it was not duly empowered to do so.

Who may apply and within what time?

Any person claiming under the document may present it, or cause it to be presented, for re-registration within four months from first becoming aware that the earlier registration is invalid. Presentation must comply with Part VI of the Act and be made to the Registrar of the district where the document was originally registered.

Registrar's examination and legal effect

If satisfied that the original registration followed presentation by a person not duly empowered, the Registrar must proceed as though the document had not been previously registered and the new presentation were within the period prescribed by Part IV. The Act's normal registration requirements apply. When duly re-registered under Section 23A, the document is deemed validly registered for all purposes from its original registration date, not merely from the later date.

This remedy concerns the specific defect of unauthorised presentation. It should not be assumed to cure every kind of invalidity, such as a forged execution, lack of title or a defect outside Section 23A.

Historical proviso dating from 1917

The section retains a transitional proviso allowing presentation within three months from 12 September 1917, regardless of when the claimant learned of invalidity. This is historical, not a fresh or recurring three-month window for present-day transactions.

Section 24 - Documents executed by several persons at different times

Where several persons execute the same document at different times, Section 24 permits it to be presented for registration and re-registration within four months from the date of each execution. This accommodates documents signed by multiple executants on different dates instead of treating every signature as necessarily made on the first date.

Practical illustration

Suppose one party executes a document on 5 January and another on 20 February. Section 24 recognises the separate dates of execution when applying the four-month presentation period. The parties must still comply with the Act's other procedural requirements, including appearance and admission of execution where applicable. The illustration does not displace applicable state-specific amendments or rules.

How Sections 23A and 24 differ

Issue	Section 23A	Section 24
Situation	Earlier registration made on presentation by an unauthorised person	Several executants sign on different dates
Time trigger	First knowledge of invalid registration	Date of each execution
General period	Four months	Four months
Result	Valid re-registration relates back to original registration	Permits presentation for registration or re-registration based on each execution

Practical points before presenting a document

Identify who originally presented the document and whether that person was empowered under the applicable provisions of Part VI.
Preserve evidence of when the defect in presentation first became known if relying on Section 23A.
Approach the Registrar of the original district for Section 23A re-registration.
For multiple executants, clearly record each execution date and verify the presentation and appearance requirements.
Check applicable state amendments, local registration rules, stamp duty and fees before submission.

Read Section 23 (time for presenting documents), Section 25 (unavoidable delay) and the Act's Part VI (presenting documents for registration) alongside these provisions. For the official text and applicable amendments, consult India Code and the Legislative Department; for notified changes consult the Gazette of India.

This article explains the central Act. State amendments, rules and binding court decisions may affect individual transactions.