Section 21 of the Registration Act, 1908: Description of Property and Maps or Plans

Section 21 specifies how immovable property must be identified in a non-testamentary document presented for registration. A description sufficient to identify the property is essential; the section also lays down rules for describing town houses, other houses and land, and for supplying copies of any map or plan incorporated in a document.

Section 21 - Statutory provisions

(1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.

(2) Houses in towns shall be described as situate on the north or other side of the street or road (which should be specified) to which they front, and by their existing and former occupancies, and by their numbers if the houses in such street or road are numbered.

(3) Other houses and lands shall be described by their name, if any, and as being in the territorial division in which they are situate, and by their superficial contents, the roads and other properties on to which they abut, and their existing occupancies, and also, whenever it is practicable, by reference to a Government map or survey.

(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plan as are equal to the number of such districts.

Explanation of Section 21

Section 21(1): Description sufficient to identify immovable property

The registering officer cannot accept a non-testamentary document relating to immovable property unless the property is described sufficiently for identification. A non-testamentary document is one other than a will; for example, a sale deed, gift deed or mortgage deed. The identification should remove reasonable uncertainty about which particular land or building is affected. The precise particulars required may also depend on State registration rules.

Section 21(2): Description of houses in towns

For a town house, the document should specify the relevant street or road and the side on which the house is located (such as the north side). It should identify existing and former occupancies and, where houses on that street or road are numbered, the house number. These details help distinguish neighbouring buildings and properties with similar descriptions.

Section 21(3): Other houses and land

Other houses and land are to be described by their name, where one exists; the territorial division in which they lie; their superficial contents (the area or extent of the property); the adjoining roads and properties (boundaries or abuttals); and existing occupancies. Wherever practicable, the description should also refer to a Government map or survey. Revenue survey numbers, subdivision numbers and local land-record identifiers may be important under applicable State requirements.

Section 21(4): Maps and plans accompanying documents

If a non-testamentary document contains a map or plan of the property, it must be accompanied by a true copy. Where the property lies in several districts, the number of true copies must equal the number of districts. This requirement concerns the supporting maps or plans and does not dispense with the adequate written property description required by subsection (1).

Practical checklist before presenting a property document

Check the survey or plot number, subdivision, municipal or house number, village and other local identifiers.
State the area, boundary details, adjoining roads or properties and occupancy details where applicable.
Ensure the schedule of property in the document matches the available title records and the relevant Government survey or map.
If a map or plan forms part of the document, attach the required true copy or copies.
Check State-specific registration rules and current local Sub-Registrar requirements before execution and presentation.

A property description is not a substitute for checking title, encumbrances, permitted land use or applicable stamp duty. Section 21 governs identification for registration, not a guarantee of ownership.

Section 17 identifies documents that generally require compulsory registration; Section 18 deals with optional registration. Section 22 concerns description of houses and land by reference to Government maps or surveys, subject to the applicable rules. Section 23 generally governs the time for presenting documents for registration.

Official legal reference

Read the Registration Act, 1908 on India Code. State amendments, registration rules, official survey requirements and local notifications may add further procedural particulars and should be checked in the relevant State.