Section 2 of the Registration Act, 1908 - Definitions

Section 2 of the Registration Act, 1908 defines expressions used in the law governing registration of documents in India. These definitions guide the interpretation of provisions concerning property, deeds, registration records and persons involved in registration.

The section begins with the qualification "unless there is anything repugnant in the subject or context". Accordingly, a defined expression generally carries its statutory meaning unless the particular provision requires a different reading.

Definitions under Section 2

  1. Section 2(1) - Addition "Addition" means the place of residence and the profession, trade, rank and title (if any) of the person described and, in the case of an Indian, the father's name or, where the person is usually described as the son of the mother, the mother's name. It helps identify parties to a document.
  2. Section 2(2) - Book "Book" includes a portion of a book and sheets connected together with a view to forming a book or part of one. The term covers registration records maintained in the prescribed books.
  3. Section 2(3) - District and sub-district These mean the registration district and sub-district constituted under the Act. They determine the territorial organisation of registration offices.
  4. Section 2(4) - District Court "District Court" includes a High Court exercising ordinary original civil jurisdiction. The inclusion is relevant where the Act refers to the District Court.
  5. Section 2(5) - Endorsement and endorsed These include an entry made in writing by a registering officer on a rider or covering slip attached to a document presented for registration.
  6. Section 2(6) - Immovable property "Immovable property" includes land, buildings, hereditary allowances, rights of way, lights, ferries, fisheries, benefits arising out of land, things attached to the earth and things permanently fastened to anything attached to the earth. Standing timber, growing crops and grass are excluded. This definition is important when considering documents requiring registration under Section 17.
  7. Section 2(6A) - India The central statutory text contains the historical wording defining "India" by excluding the former State of Jammu and Kashmir. That wording must be read with the subsequent reorganisation and extension of central laws to Jammu and Kashmir and Ladakh effective from 31 October 2019; the old territorial exclusion should not be treated as a statement of the present application of the Act.
  8. Section 2(7) - Lease "Lease" includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease. Whether a particular instrument requires compulsory registration depends on its terms and the applicable provisions, including Section 17.
  9. Section 2(8) - Minor "Minor" means a person who has not attained majority under the personal law applicable to that person. The legal capacity of a party and action through a guardian may require consideration of other applicable laws.
  10. Section 2(9) - Movable property "Movable property" includes standing timber, growing crops and grass, fruit upon trees, juice in trees and property of every other description except immovable property.
  11. Section 2(10) - Representative "Representative" includes the guardian of a minor and the committee or other legal curator of a person described in the historical statutory language as a "lunatic or idiot". These historical expressions should be read with applicable modern capacity and disability laws.
Interpretation: The statutory definitions are inclusive in several places. A document's actual legal effect, the nature of the rights created and applicable state amendments must also be considered; its label alone is not conclusive.

Why these definitions matter

The distinction between movable and immovable property is particularly relevant to the compulsory registration rules under Section 17 and optional registration under Section 18. The meanings of "addition", "representative" and "endorsement" also assist in identifying the parties and understanding how documents are presented and recorded.

Amendments and official statutory text

The expression concerning caste in clause (1) was omitted by Act 17 of 1956. Clause (6A), inserted by Act 3 of 1951, retains historically worded territorial language in some consolidations; the present territorial application must be assessed under subsequent legislation and applicable notifications. State amendments and registration rules may modify procedures and provisions in particular jurisdictions.

For the central enactment and amendment notes, consult the Registration Act, 1908 (official India Code PDF) or the India Code portal.

This article explains the central legislation for general reference. Check applicable state amendments, rules and current notifications before relying on a provision in a specific transaction.