Bill repeals Section 28, expands mandatory registration to electronic records and property agreements

This Bill amends the Registration Act, 1908 to expand the types of documents that must be registered, including electronic records and specific property agreements, and to introduce new security measures like biometric verification and photo requirements for registrants.

Who it concerns: Individuals, businesses, and institutions involved in the transfer, lease, or creation of rights over immovable property; State Governments (which gain powers to appoint officers and notify rules); and the Central Government (which gains powers regarding the registration of government-owned property).

What the bill does

• Mandatory registration is expanded to include developer’s agreements, power of attorney for property transfer, sale certificates, and instruments related to company mergers or court orders affecting property.
• New Section 18A mandates the refusal of registration for documents involving prohibited transactions, unauthorized transfer of government property, or property attached by courts.
• Section 32A requires the affixing of passport-size photographs, digital camera photos, and thumb impressions (manual or biometric) for specific documents like conveyances, mortgages, and powers of attorney.
• Definitions are updated to include 'electronic records' as defined in the Information Technology Act, 2000, and to clarify the scope of 'lease' to include mining leases for minor minerals.
• State Governments are empowered to appoint additional Inspector-Generals of Registration and to specify thresholds for lease registration based on rent or premium amounts.
• Provisions are added to allow for the presentation of documents and filing of copies via electronic means, subject to rules made by State Governments.

Also in the document

• The Bill repeals Section 28 of the principal Act, which previously dealt with the registration of certain documents.
• The Bill explicitly includes 'electronic records' in the definition of documents to be registered, linking them to the Information Technology Act, 2000.
• It introduces a requirement for proof that the person executing a power of attorney is alive.