Registration Act, 1908 | Part V - Of the Place of Registration

Section 28 of Registration Act, 1908 - Place for Registering Documents Relating to Land

Section 28 of the Registration Act, 1908 determines the territorial jurisdiction of the Sub-Registrar for registration of specified documents affecting immovable property. As a general rule, such a document must be presented in the office of a Sub-Registrar within whose sub-district the whole or any portion of the property is situated. This requirement helps connect registration records with the location of the property.

Section 28 - Statutory provision

Save as in this Part otherwise provided, every document mentioned in section 17, sub-section (1), clauses (a), (b), (c), (d) and (e), section 17, sub-section (2), insofar as such document affects immovable property, and section 18, clauses (a), (b), (c) and (cc), shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.

The central provision is reproduced in readable form without historical amendment markers. State amendments, special registration rules and current local procedures must also be checked.

Meaning and scope of Section 28

Immovable property: Under Section 2(6), the expression includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries and other benefits arising out of land, and things attached to the earth or permanently fastened to things attached to the earth, subject to the statutory exclusions.

Sub-district: A territorial registration unit established under the Act. The relevant Sub-Registrar must have jurisdiction over at least part of the property described in the instrument.

Whole or some portion: The Act does not ordinarily require all the land covered by an instrument to lie in one sub-district. Subject to applicable amendments and rules, a genuine portion within a Sub-Registrar's territorial limits is sufficient. Property descriptions must be accurate; artificial or fictitious inclusion of property is not a lawful method of selecting a registration office.

Which documents fall within Section 28?

  • Section 17(1)(a): instruments of gift of immovable property.
  • Section 17(1)(b): non-testamentary instruments creating, declaring, assigning, limiting or extinguishing specified rights, title or interest in immovable property of value Rs. 100 or upwards, whether in present or future, vested or contingent.
  • Section 17(1)(c): non-testamentary instruments acknowledging receipt or payment of consideration on account of creation, declaration, assignment, limitation or extinction of such rights, title or interest.
  • Section 17(1)(d) and (e): leases within the statutory categories and transfers or assignments of decrees, orders or awards affecting immovable property, as specified by the Act.
  • Section 17(2): documents covered by that subsection insofar as they affect immovable property, subject to its exclusions and the wording of Section 28.
  • Section 18(a), (b), (c) and (cc): categories of documents for which registration is optional under the central Act, including specified lower-value instruments, short-term leases and instruments relating to movable property where relevant to the section's wording.

Whether a particular instrument requires compulsory registration depends on its legal effect, the full text of Sections 17 and 18, other applicable enactments and State amendments. Section 28 governs the place of presentation, not by itself whether registration is compulsory.

Practical examples

One property: A sale deed relating to land entirely in one sub-district is generally presented to the Sub-Registrar having jurisdiction over that land.

Land in two sub-districts: Where one instrument genuinely relates to parcels in two sub-districts, Section 28 generally permits presentation in a sub-district containing some portion of the property, subject to local statutory requirements.

Documents unrelated to land: Other instruments may fall under Section 29, which provides rules for the place of registration of documents not covered by Section 28.

  • Section 21: descriptions of immovable property must be sufficient to identify it; maps or plans may be required.
  • Section 22: property descriptions may refer to government maps or surveys under applicable rules.
  • Section 23: the general time limit for presenting documents is four months from execution, subject to statutory exceptions.
  • Section 25: limited relief for delayed presentation due to urgent necessity or unavoidable accident.
  • Sections 29 and 30: related rules on registration venue and certain powers of Registrars.
  • Sections 32 to 35: presentation, appearance, identity and admission or denial of execution.

Before presentation, verify the property's revenue or municipal identification, the competent registration office, stamp duty, applicable fees, identity requirements and any State-specific amendments or electronic registration procedures.

Official legal resources

Consult the India Code official legislation database for the Registration Act, 1908, and the Legislative Department, Government of India for central legislation. State Registration Department portals should be checked for jurisdiction maps, State amendments, fees and procedural notifications.

Historical legislative note retained from the original article: references to earlier substitutions by the Adaptation of Laws Order, 1950 and Act 33 of 1940 concern the evolution of the provision. They should not be mistaken for additional operative requirements.