THE REGISTRATION ACT (Central
Act No XVI OF 1908)
85. Destruction of unclaimed documents - Documents ( other than wills) remaining
unclaimed in any registration office for a period exceeding two years may be
86. Registering officer not liable for thing bonafide done or
refused in his official capacity. No registering officer shall be liable to
any suit, claim or demand by reaons of anything in good faith done or refused
in his official cpacity.
87. Nothing so done invalidated by defect in appointment or
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by
any registering officer, shall be deemed invalid merely by reason of any defect
in his appointment or procedure.
88. Registration of documents executed by Government officers or
certain public functionaries. - (1)
Notwithstanding anything contained in this Act, it shall not be necessary for -
(a) any officer of Government or
(b) any administrator - General, Official Trustee or Official assignee ; or
(c) the Sheriff, receiver or Registrar of High Court ; or
(d) the holder for the time being of such other public office as may be
specified in a notification in the official gazette issued in that behalf by
the State Government.
to appear in person or by agent at any registration office in any proceeding
connected with the registration of any instrument executed by him or in his
favour , in his official capacity, or to sign as provided in section 58.
(2) Any instrument executed by or in favour of an officer of
Government or any other person referred to in sub-section (1) may be presented
for registration in such manner as may be prescribed by rules made under
(3) The registering officer to whom any instrument is presented
for registration under this section may, if he thinks fit, refer to any
Secretary to Government or to such officer of Government or other person
referred to in sub-section (1) for information respecting the same and, on
being satisfied of the execution thereof, shall register the instrument.
89. Copies of certain orders, certificates and instruments to be
sent to registering officer and filed. - (1) Every officer granting a loan
under the Land Improvement Loans Act, 1883, shall send a copy of his order to
the registering officer within the local limits of whose jurisdiction the whole
or any part of the land to be improved or of the land to be granted as
collateral security, is situate and such registering officer shall file the
copy in his Book No.1.
(2) Every Court granting a certificate of sale of immovable
property under the Code of Civil Procedure, 1908, shall send a copy of such
certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the immovable property comprised in such
certificate is situate, and such officer shall file the copy in his Book No.1
(3) Every officer granting a loan under the Agriculturists Loans
Act, 1884, shall send a copy of any instrument whereby immovable property is
mortgaged for the purpose of secruing the repayment of the loan, and if any
such property is mortgated for the same purpose in the order granting the lona,
a copy also of that order, to the registering officer within the local limits
of whose jurisdiction the whole or any part of the property so mortgaged is
situate, and such registering officer shall file the copy or copies, as the
case may be, in his Book No.1
(4) Every Revenue Officer granting a certificate of sale to the
purchaser of immovable property sold by public auction shall send a copy of the
certificate to the registering officer within the local limits of whose
jurisdiction the whole or any part of the property comprised in the certificate
is situate, and such officer shall file the copy in his Book No.1
Exemption from Act
90. Exemption of certain documents executed by or in favour of Government. -
(1) Nothing contained in this Act, or in the Indian Registration Act, 1877, or
in the Indian Registration Act, 1871, or in, any Act there by repealed shall be
deemed to require, or to have at any time required, the registration of any of
the following documents or maps, namely. -
(a) documents issued, received or attested by any officer engaged
in making a settlement or revision of settlement of land-revenue, and which
from part of the records of such settlements; or
(b) documents and maps issued, received or authenticated by any
officer engaged on behald of Government in making or revisting the survey of
any land, and which form part of the record of such survey ; or
(c) documents which, under any law for the time being in force,
are filled periodically in any revenue office by patwaries or other officers
charges with the preparation of village-records ; or
(d) sanads, inam title-deeds and other documents purporting to be
or to evidence grants or assignments by Government of land or of any interest
in land ; or
(e) notices given under section 74 or section 76 of the Bombay
Land Revenue code, 1879, of relinquishment of occupancy by occupants or of
alienated land by holders of such land.
(2) All such documents and maps shall, for the purposes of section
48 and 49, be deemed to have been and to be registered in accordance with the
provisions of this Act.
91. Inspection and copies of such documents. - 1[(1)] Subject to such rules and the
previous of such fees as the 1[State Government, by notification in the
official Gazette, prescribes in this behalf], all documents and maps mentioned
in section 90, clauses (a), (b), (c) and (e), and all registers of the
documents mentioned in clause (d), shall be open to the inspection of any
person applying to inspect the same, and subject as aforesain, copies of such
documents shall be given to all persons applying for such copies.
1[(2) Every rule prescribed under this section or made under
section 69 shall be laid,as soon as it is made, before the State Legislature.]
92. ( * * *. ) omitted by A.O. 1937.
93. ( * * * ) Repealed by Act of 1938.
2[Repeal.- (1) The Acts specified in the Schedule as in force in
the respective areas of the Sate mentioned against each enactment are hereby
repealed to the extent mentioned in the said Schedule.
(2) As from the date appointed under sub-section (3) of section 1,
the amendaments made by the enactments repealed by sub-section (1) (hereinafter
in this section referred to as the repealed enactments) shall cease to continue
and shall be omitted from the Registration Act. 1908 (Central Act 16 of 1908)
(hereinafter in this Act referred to as the principal Act)], and such of the
provisions thereof as were affected by the repealed enactments shall stand
revived to the extent to which they would have otherwise contined in operation
but for the passing of the repealed enactments; and after such revival the
amendment made to the principal Act by this Act shall become operative :
Provided that in respect of provisions which cease to continue by
virtue of this section, the provisions of section 6 of the Karnataka General
Clauses Act, 1899 (Karnataka Act 3 of 1899), shall be applicable as if such
provisions were enactments repealed by a Karnataka Act and in respect of
provisions which cease to continue but are re-enacted by this Act, the
provisions of sections 8 and 24 of the said Karnataka General Clauses Act, 1899
shall be applicable as if the said provisions had been repealed but re-enacted
by a Karnataka Act.
Note. 1. The delegated Legislation provisions (Amendment) Act 1983
(Act No. 20 of 1983). Published in Gazette in
Gazette of India, 1st September 1983. Part II-S-1 Ext. P 1 (No.
2. Inserted by Registration (Karnataka Amendment) Act 1976 with
effect from 25th October 1976.
(See Section 19)
S.I. Year No. of Name of Enactment Area where Extent
No. of Enact- the enact- of
Enact- ment ment is repeal
ment in force
1. 1930 XVII The Indian Registration Belguam Whole
(Bombay Amendment) Area Act, 1930
2. 1933 XVIII The Indian Registration Belguam Whole
(Bombay Amendment) Area Act 1933.
3. 1938 XXIV The Indian Registration Belguam Section 3
(Bombay Amendment) Area to 8 of the Act, 1938 Act.
1[Repeal. - Sections 2, 4 to 12 (both inclusive), section 15,
section 18 of the Registration (Karnataka Amendment) Act, 1976 (Karnataka Act
55 of 1976) are hereby repealed]
Note. 1. Inserted by the Registration (Karnataka Amendment) Act, 1984 (Karnataka
Act No. 41 of 1984) Section 6.