Centre’s Draft Bill Mandates AFS, POA Registration

The government has unveiled the draft Registration Bill, 2025, seeking public comments by June 25. Once enacted, it will replace the 117-year-old Registration Act, 1908, marking the creation of a modern, forward-looking registration framework.

Driven by the rise of digital technologies, evolving socio-economic practices, and greater reliance on registered documents for due diligence, service delivery, and legal adjudication, the draft Bill introduces key reforms to modernise and simplify the registration process.

It incorporates provisions with respect to online registration, including electronic presentation and admission of documents, issuance of electronic registration certificates, and digital maintenance of records. The draft Bill also aims to enhance accessibility, especially for individuals and small businesses, by promoting plain language drafting, digital enablement, and transparent procedures.

Notably, the draft Bill mandates registration of several additional documents under Section 12(1), including:

• any document which purports or operates to effect any contract for sale of immovable property, including an agreement for sale, developer’s agreement, or promoter’s agreement, by whatever name called, for the development of any property or construction of a structure.
• power of attorney authorising transfer of immovable property.
• documents setting out terms and conditions for a mortgage by deposit of title deed. However, registration will not be required if the concerned bank, financial institution or creditor files a copy of the title deed with the registering officer and notifies such officer about the equitable mortgage, as provided under Section 14(3).
• sale certificates issued by any competent officer or authority under any Central Act or State Act.
• instruments in respect of amalgamation, reconstruction, merger, and demerger of companies and transfer of immovable property at the time of formation of companies pursuant to any order passed under the Companies Act, 2013.
• instruments which purport or operate to create, declare, assign, limit, extinguish any right, title, or interest – whether vested or contingent – in immovable property pursuant to any decree or order or any award made by a court.

Additionally, Section 58 of the draft Bill specifies clear and objective grounds on which a registering officer may refuse registration, including denial of execution, late presentation, inadequate description of property, among others.

Overall, the draft Bill seeks to build a more efficient, transparent, and citizen-centric registration system aligned with contemporary needs.