55. Instructions as to books in which documents should be registered.
(1)When a document is admitted to registration, the registering officer has to determine in which book it should be registered. This is a very important matter, not only because some of the books are open to public inspection while others are not, but also because questions of jurisdiction and limitation are involved. Ordinarily no difficulty will be experienced in determining, for the purposes of the Act, what is and what is not 'immovable property' but as occasionally doubts may arise, the following instructions are laid down for the guidance of registering officers.(a)Trees sold with a view to their being cut down and removed are 'Standing timber' within the meaning of clause (6) of section 2 of the Act, while trees sold with a view to being kept permanently standing and enjoyed by the taking of their fruits or otherwise are immovable property. Consequently documents relating to trees of these ordinarily used for timber should be registered in book No. IV unless the terms of the documents clearly contemplate their being kept standing and enjoyed; conversely, documents relating to trees not ordinarily utilised as timber should be registered in book No. I unless the terms of the document make it clear that they are to be cut down.(b)Agreement relating to the manufacture of salt-petre, and to other products of earth (except standing timber, growing crops and grass) should be registered in book No. I as document relating to immovable property.(c)An instrument conferring the right to cut Sajji for a term of years over a specified area of land, and conveying a right not only to Sajji plants growing at the time of contract, but to those produced on the land in future for the term of years agreed upon is registrable in book No. IV.(d)A document conveying the income of a Mela (i.e. the offerings of worshipers at a sharine). has to be registered in book No. 1 as the property transferred is income derived from a sacred building and the document should therefore for registration purposes, be treated as one relating to immovable property.(e)Acknowledgments of the receipt of payment of consideration for the conveyance of immovable property must be registered in book No. I, and of other property in book No. IV.(f)The allowance to village head man on a percentage basis on the land revenue commonly known as 'Haq Lambardari is a benefit arising out of land' within the definition of immovable property given in clause (6) of section 2 of the Act.(g)Deeds of gift mortgage, sale, lease and partition of immovable property should be registered in book No. I.(h)Contracts of sale of immovable property and agreements mortgage are deeds which should be registered in book No. IV.Authentication of Register Books
