Section 17 in The Registration Act, 1977 (1920 A.D.)
17. Documents of which registration is compulsory.
(1)The following documents shall be registered, namely ;-(a)instruments of gift of immovable property;(b)other non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in immovable property;(c)non-testamentary instruments which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;(d)any partnership deed;(e)any adoption deed;(f)any non-testamentary authority to adopt; and(g)leases of immovable property for any term exceeding one year, and reserving a yearly rent exceeding fifty rupees:Provided that [the Government] [In sections 3, 5, 6, 7, 10, 14, 15, 16, 17, 22, 29, 36, 69 (2) and 91 the words 'the Government' Substituted for the words 'His Highness' by Act X of 1996.] may, by order published in the Jammu and Kashmir Government Gazette, exempt from the operation of this sub-section any such leased executed in any district, or part of a district.(h)[ non-testamentary instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, decree, assign, limit or extinguish, whether in present or in future, am right, title or interest, whether vested or contingent, to or in immovable property;] [Clause (h) to section 17(1) added by Act VII of 1996.](i)[ any document which purports or operates to effect any contract for sale of any immovable property.] [Inserted by Act No. XIII of 2011, dated 25th April, 2011.](2)Nothing in clauses (b) and (c) of sub-section (1) applies to-(i)any composition deed; or(ii)any instrument relating to shares in a Joint Stock Company, notwithstanding that the assets of such Company consist in whole or in part of immovable property; or(iii)any debenture issued by any such Company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except in so far as it entitles the holder to the security afforded by a registered instrument whereby the Company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or(iv)any endorsement upon, or transfer of any debenture issued by any such Company; or(v)[any document other than the documents specified in clause (i) of sub-section (1)] [Substituted by Act No. XIII of 2011, dated 25th April, 2011.] not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or(vi)any decree or order of a Court [except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or proceeding] [In section 17 (2) (vi) words within brackets substituted for the words 'and any award' by Act VII of 1996.]; or(vii)any grant of immovable property by Government; or(viii)any instrument of partition made by a revenue officer; or(ix)[ [any instrument relating to the loan granted] [Clause (ix) substituted by Act VI of 1955.] under authority of Cabinet Order No. 1547-C of 1953 dated 15th December, 1953];(x)any order granting a loan under the [Jammu and Kashmir Government Aid to Agriculturist and Land Improvements Act, Samvat 1993] [Substituted by Act XXIII of 1966 for 'Agriculturists Loans Act'.], or instrument for securing the repayment of a loan made under that Act; or[(x-a) any instrument relating to the loan granted to displaced persons for construction of houses or for petty trade] [Clause (x-a) inserted by Act XXIII of 1966.];(xi)any endorsement on a mortgage-deed acknowledging the payment of the whole or any part of the mortgage-money, and any other receipt for payment of money due under a mortgage when the receipt does not purport to extinguish the mortgage;(xii)[ any instrument which purports or operates to transfer land in favour of State or a Panchayat constituted under the Jammu and Kashmir Village Panchayat Act, 2008] [Clause (xii) inserted by Act XXXII of 1956.].[* * *] [Omitted 'Explanation. - A document purporting or operating to effect a contract for the sale of immovable property shall not be deemed to require or ever to have required registration by reason only of the fact that such document contains a recital of the payment of any interest-money or of the whole or any part of the purchase-money.' by Act No. XIII of 2011, dated 25th April, 2011.]
