AAP Tax Law

Registration Act, 1908 | Part XI: Duties and powers of registering officers

Sections 53, 54, 55 and 56 of the Registration Act, 1908: Entries and Indexes

Sections 53 to 55 prescribe how registration entries are numbered and indexed so that registered documents can be identified and traced. Section 56, which formerly dealt with forwarding copies of index entries, has been repealed. These provisions concern the register-books and indexes maintained by registration offices.

Section 53: Entries to be numbered consecutively

Statutory rule: All entries in each register-book must be numbered in a consecutive series. The series begins and ends with the calendar year, and a fresh series starts at the beginning of every year.

Meaning: Each book maintains an orderly, year-specific sequence of entry numbers. The numbering helps identify entries and avoid confusion between documents registered in different years or books.

Section 54: Current indexes and entries therein

Every office maintaining the prescribed register-books must prepare current indexes of their contents. As far as practicable, an index entry is made immediately after the registering officer copies the relevant document or files its memorandum.

Meaning: An index is a searchable reference to an entry in a registration book. Prompt indexing makes the records easier to locate and inspect in accordance with the Act and applicable rules.

Section 55: Indexes to be made by registering officers, and their contents

Section 55 provides for four indexes in all registration offices: Index No. I, Index No. II, Index No. III and Index No. IV. The information entered in each index is prescribed as follows:

IndexInformation recorded
No. INames and additions (identifying particulars) of all persons executing and all persons claiming under every document entered, or memorandum filed, in Book No. 1.
No. IIParticulars specified in Section 21 concerning those documents and memoranda, as directed from time to time by the Inspector-General.
No. IIINames and additions of persons executing wills and authorities entered in Book No. 3, and of executors and persons appointed under them. Names and additions of persons claiming under them are included after, not before, the death of the testator or donor.
No. IVNames and additions of persons executing and persons claiming under every document entered in Book No. 4.

Under subsection (6), the Inspector-General may direct additional particulars and the form in which each index must be prepared.

Meaning: Indexes I and II principally facilitate searches for registered instruments concerning immovable property; Index III concerns wills and authorities; and Index IV concerns documents entered in the miscellaneous register. The precise records and procedures may also be affected by applicable state amendments and registration rules.

Section 56: Repealed

Section 56, formerly titled Copy of entries in Indexes Nos. I, II and III to be sent by Sub-Registrar to Registrar and filed, was repealed by section 2 of the Indian Registration (Amendment) Act, 1929 (Act 15 of 1929). It should not be treated as a presently operative statutory obligation under the central Act.

Practical significance of register-book entries and indexes

When searching for a registered instrument, relevant particulars may include the parties' names, property description, registration year, book number, entry or document number and the registration office. Section 51 identifies the prescribed register-books, while Section 57 governs inspection and certified copies, subject to the statutory conditions.

These provisions regulate recordkeeping. The existence of an index entry alone does not establish that a transaction is legally valid or that title is free from competing claims. State-specific rules and electronic registration systems should be checked where relevant.

Official statutory reference

For the authoritative Act and amendments, consult the India Code portal (Government of India) and the relevant State Registration Department for local rules and notifications.