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Section 23A of The Registration Act, 1908

Re-registration of certain documents.

1[23A. Re-registration of certain documents.--Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months form his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefore under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration: Provided that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the registration of the document was invalid.]

Summary

This provision handles documents that were registered by someone who did not have the legal power to present them.
Any person who has a claim under such a document can bring it back for re-registration.
This request must be made within four months of realizing the original registration was invalid.
The document must be presented to the Registrar of the district where it was originally filed.
If re-registered correctly, the document is treated as valid from its very first registration date.

Practical examples

1Arjun learns that his house deed was registered by a neighbor who had no legal authority to do so. Arjun goes to the district registrar within two months of finding this out to re-register it properly.

2A company realizes a deed was presented by a former employee whose power of attorney had expired. The company presents the deed again under Section 23A to ensure their property rights are protected.

FAQ

1. Can I fix a document registered by the wrong person under Section 23A of The Registration Act, 1908?

Yes, if a person not duly empowered presented it, you can present it for re-registration.

2. How much time do I have to re-register under Section 23A of the 1908 Act?

You have four months from the time you first become aware that the original registration was invalid.

3. Does re-registration change the effective date of my deed according to Section 23A of the 1908 law?

No, the document is deemed to have been duly registered for all purposes from the date of its original registration.

Test yourself

1.Under Section 23A of The Registration Act, 1908, who is allowed to present a document for re-registration?

2.When does the four month period for re-registration start under Section 23A of the 1908 Act?

3.Under Section 23A and Section 23 of the 1908 Act, how is a re-registered document treated?

4.Where must a document be presented for re-registration under Section 23A of The Registration Act, 1908?

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