Registration Act, 1908

Section 58

Registration of documents required to be registered under section 17, when presented after the prescribed period, and the person presenting it is a transferee or legal representative.

⚡ Quick Answer Reference: Section 58 Registration Act, 1908

Provision: Section 58 of Registration Act, 1908
Act: Registration Act, 1908
Classification: property
Jurisdiction: India
Summary: If a document that needs to be registered under Section 17 is presented after six months from its execution or when a transferee or legal representative can first present it, the registrar will register the document after paying the prescribed fee.

Statutory Content

What does Section 58 of Registration Act, 1908 say?

If a document required to be registered under section 17 is presented for registration after the period of six months from the date of its execution, or after the period of six months from the date on which the power of presenting it first devolves on a transferee or a legal representative of the person by whom it might have been presented, and the person presenting it is a transferee or legal representative, the registrar shall, on payment of the fee prescribed, register the document, and shall endorse thereon the date of registration and the time at which it was presented for registration.

Indian StandardSection 58, Registration Act, 1908

Bluebook (21st ed.)Registration Act, 1908, § 58 (India)

Court Pleading StandardSection 58 of the Registration Act, 1908

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 58 of Registration Act, 1908 mean?

Plain English Explanation

If a document that needs to be registered under Section 17 is presented after six months from its execution or when a transferee or legal representative can first present it, the registrar will register the document after paying the prescribed fee.

Practical Interpretation

This section allows for the registration of documents that have been delayed in presentation, provided the person presenting it is a transferee or legal representative and the delay is not more than six months.

Core Legal Purpose

The core purpose of this section is to provide a mechanism for the registration of documents that have been delayed in presentation, ensuring that the rights of transferees and legal representatives are protected.

Key Legal Elements

•The document must be required to be registered under Section 17.
•The document must be presented after six months from its execution or when the power of presenting it first devolves on a transferee or legal representative.
•The person presenting the document must be a transferee or legal representative.
•The registrar must endorse the date of registration and the time of presentation on the document.

Practical Example

Practical Example of Section 58 Registration Act, 1908

Rajesh, a transferee of a property, presents a document required to be registered under Section 17 for registration after six months from the date of its execution. The registrar registers the document after paying the prescribed fee and endorses the date of registration and the time of presentation on the document.

Common Questions (FAQ)

Frequently Asked Questions about Section 58 Registration Act, 1908

Q: What is the punishment or consequence under Section 58 of Registration Act, 1908?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it deals with the registration of documents required to be registered under Section 17.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, hence it is neither bailable nor cognizable.

Common Questions about Section 58 Registration Act, 1908

What is Section 58 of Registration Act, 1908?

Section 58 of the Registration Act, 1908 (Registration Act, 1908) defines and regulates "Registration of documents required to be registered under section 17, when presented after the prescribed period, and the person presenting it is a transferee or legal representative.". In plain terms: If a document that needs to be registered under Section 17 is presented after six months from its execution or when a transferee or legal representative can first present it, the registrar will register the document after paying the prescribed fee.

What are the elements of Section 58 of Registration Act, 1908?

The essential elements of Section 58 of Registration Act, 1908 are: The document must be required to be registered under Section 17.; The document must be presented after six months from its execution or when the power of presenting it first devolves on a transferee or legal representative.; The person presenting the document must be a transferee or legal representative..

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