Registration Act, 1908 | Part XI | Duties and powers of registering officers
Section 51 of the Registration Act, 1908: Register-books kept in registration offices
Section 51 prescribes the statutory register-books maintained by registration offices in India. It identifies five books, distinguishes the records maintained by all registration offices from the additional book maintained by Registrars, and specifies how certain documents are entered or filed.
Section 51 - Register-books to be kept in the several offices
Part XI of the Registration Act, 1908 concerns the duties and powers of registering officers. Section 51 falls under its subdivision (A) - As to the Register-books and Indexes.
Section 51(1): Prescribed register-books
The following books shall be kept in the several offices:
A - In all registration offices:
- Book 1: "Register of non-testamentary documents relating to immovable property".
- Book 2: "Record of reasons for refusal to register".
- Book 3: "Register of wills and authorities to adopt".
- Book 4: "Miscellaneous Register".
B - In the offices of Registrars:
- Book 5: "Register of deposits of wills".
Section 51(2): Documents entered or filed in Book 1
In Book 1 shall be entered or filed all documents or memoranda registered under sections 17, 18 and 89 which relate to immovable property and are not wills.
Section 51(3): Documents entered in Book 4
In Book 4 shall be entered all documents registered under clauses (d) and (f) of section 18 which do not relate to immovable property.
Section 51(4): Combined offices
Nothing in section 51 requires more than one set of books where the office of the Registrar has been amalgamated with the office of a Sub-Registrar.
What are Books 1, 2, 3, 4 and 5?
| Register | Purpose | Office |
|---|---|---|
| Book 1 | Non-testamentary documents relating to immovable property, including relevant documents and memoranda under sections 17, 18 and 89 | All registration offices |
| Book 2 | Reasons recorded when registration is refused | All registration offices |
| Book 3 | Wills and authorities to adopt | All registration offices |
| Book 4 | Miscellaneous documents, including documents specified in section 51(3) | All registration offices |
| Book 5 | Deposits of sealed covers containing wills | Registrar's office |
A non-testamentary document is a document other than a will. Immovable property generally concerns land, buildings and interests falling within the Act's definition. A Registrar and a Sub-Registrar are registering officers appointed under the Act; their offices have distinct statutory functions.
How the register-books operate
Book 1 and registration of property documents
Section 17 identifies classes of documents whose registration is compulsory, subject to exceptions. Section 18 specifies documents for which registration is optional. Section 89 provides for certain copies of orders, certificates and instruments to be sent to registering officers and filed. Section 51(2) directs the relevant non-will immovable-property records into Book 1.
Book 2 and refusal of registration
When registration is refused, the recording of reasons is governed particularly by section 71. Book 2 preserves those reasons, which may be relevant to the remedies provided elsewhere in the Act.
Book 3 and wills
Book 3 concerns wills and authorities to adopt. A will is a legal declaration of a testator's intention concerning property, intended to take effect after death. The provisions on deposit of sealed covers containing wills and subsequent proceedings are separately addressed in sections 42 to 46.
Book 4 and other documents
Book 4 is the miscellaneous register. Section 51(3) specifically directs documents under section 18(d) and (f) that do not relate to immovable property to this register. Entries and access to records remain subject to the Act and applicable State registration rules.
Book 5 and sealed deposits of wills
Book 5 is maintained in the Registrar's office for deposits of wills. Under sections 42 and 43, a testator may deposit a sealed cover containing a will with a Registrar in accordance with the prescribed procedure. The register of deposits should not be confused with the register of wills in Book 3.
Inspection and certified-copy rights are governed by section 57 and applicable rules. The Act does not make every register equally open to public inspection.
Related sections and official legal resources
Read this provision with section 52 (duties when a document is presented), sections 53-56 (books and indexes), section 57 (inspection and certified copies) and section 89 (copies of certain orders and instruments).
Official reference: India Code (Government of India) for the Registration Act, 1908 and its amendments, and Legislative Department, Ministry of Law and Justice. State amendments, rules and digitisation practices may affect implementation in a particular jurisdiction.
This article explains the central statutory framework. For a particular registration office, consult the applicable State amendments, registration rules and official notifications.