AAP Tax Law - Indian law and legal resources

REGISTRATION ACT, 1908 • PART XI • PROCEDURE ON REGISTRATION

Section 58 of the Registration Act, 1908: Particulars to Be Endorsed on Documents

Section 58 specifies the particulars a registering officer must endorse on a document admitted to registration. These endorsements record who admitted execution, who was examined, and certain payments or acknowledgments made in the officer's presence.

Section 58: Statutory requirements

58. Particulars to be endorsed on documents admitted to registration.

(1) On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:-

  1. the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;
  2. the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and
  3. any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.

(2) If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

Meaning of the endorsements

1. Signature and addition of persons admitting execution

The officer records the signature and addition (identifying particulars, such as description and residence, as applicable under the Act and rules) of each person who admits having executed the instrument. If a representative, assign or duly authorised agent admits execution, the endorsement identifies that person as well. This is distinct from merely witnessing a signature.

2. Persons examined during registration

The signature and addition of every person examined in connection with the document must also be recorded. This requirement supports the registration inquiry, including the verification of identity and execution under Section 34 and the procedure in Section 35.

3. Payments, delivery and admissions of consideration

The officer must note payments of money, deliveries of goods and admissions of receipt of consideration made in the officer's presence in connection with execution. An endorsement records what occurred or was acknowledged before the officer; it should not be read as an independent adjudication that every recital in the instrument is true or that title is free from defects.

4. Refusal to sign the endorsement

Under subsection (2), when a person has admitted execution but refuses to endorse the document, that refusal alone does not prevent registration: the officer is directed to register the document while recording the refusal. A refusal to endorse after admitting execution must not be confused with a denial of execution, for which the distinct provisions of Section 35 and related remedies apply.

Which documents are excluded?

Section 58(1) expressly excludes a copy of a decree or order and a copy forwarded to a registering officer under Section 89. Such copies are handled under their applicable statutory filing or registration procedures, rather than through the usual endorsements for instruments presented by executing parties.

How Section 58 fits into registration procedure

Section 52 governs the initial endorsement of presentation details and the issue of a receipt. Section 58 then requires the specified endorsements when the document is admitted to registration. Section 59 concerns dating and signing the endorsements, while Section 60 provides for the certificate of registration when statutory requirements have been met. The provisions should be read together with applicable State registration rules and amendments.

Practical importance

  • Proof of admission: The endorsement identifies the person who acknowledged execution before the registering officer.
  • Traceability: It documents persons examined and relevant payment or consideration acknowledgments made in the officer's presence.
  • Procedural record: It records a refusal to endorse without automatically treating that refusal as a denial of execution.
  • Limits: Registration and endorsement do not by themselves conclusively establish ownership, capacity or the substantive validity of a transaction.

Official legislation and guidance

For the governing statutory text, consult the India Code official legislative database for the Registration Act, 1908 (particularly Sections 32, 34, 35, 52 and 58 to 60). Registration procedure, identity verification, fees and electronic endorsements may also be affected by State-specific amendments and the rules issued by the Inspector-General of Registration in the relevant State.

This explanation addresses the general central-law provisions. For an actual registration, check the rules and amendments applicable in the State or Union Territory where the document is presented.