AAP Tax Law
Registration Act, 1908 | Sections 59-65

Sections 59 to 65: Registration Certificate, Endorsements and Procedure

Sections 59 to 65 of the Registration Act, 1908 prescribe the formal steps following admission of a document for registration, including endorsements, the registration certificate, return of documents, translation, statements and transmission of records for property extending across registration jurisdictions.

Section 59 - Endorsements dated and signed

The registering officer must affix the date and the officer's signature to all endorsements made under section 52 and section 58 relating to the same document and made in the officer's presence on the same day. This authenticates the relevant endorsements.

Section 60 - Certificate of registration

Sub-section (1): After complying with the applicable requirements of sections 34, 35, 58 and 59, the registering officer must endorse a certificate on the document containing the word "registered", along with the number and page of the book in which the document has been copied.

Sub-section (2): The certificate must be signed, sealed and dated by the registering officer. It is admissible to prove that the document was duly registered in the manner prescribed by the Act and that the facts mentioned in the endorsements referred to in section 59 occurred as stated in those endorsements. The certificate is not, by itself, conclusive proof of ownership or validity of every transaction recorded.

Section 61 - Copying endorsements and return of document

Sub-section (1): The endorsements and certificate under sections 59 and 60 are copied into the margin of the register-book. A copy of any map or plan referred to in section 21 is filed in Book No. 1.

Sub-section (2): Registration is then deemed complete, and the document is returned to the presenter or a person nominated by the presenter in writing on the receipt referred to in section 52.

Section 62 - Document in a language unknown to the registering officer

Sub-section (1): Where a document is presented under section 19, its translation is transcribed in the register appropriate to the original document and filed at the registration office with the copy required by section 19.

Sub-section (2): The endorsements and certificate under sections 59 and 60 are made on the original. For copies and memoranda required by sections 57, 64, 65 and 66, the translation is treated as the original.

Section 19 deals with a document in a language not understood by the registering officer and not commonly used in the district, requiring a true translation and true copy in the circumstances specified by that section.

Section 63 - Oaths and recording statements

Sub-section (1): A registering officer may, at discretion, administer an oath to a person examined under the Act.

Sub-section (2): The officer may record the substance of the person's statement. The note must be read over or, if necessary, interpreted in a language known to that person. If the person admits its correctness, the registering officer signs the note.

Sub-section (3): A signed note is admissible to prove that the recorded statements were made by the persons and in the circumstances stated; it does not automatically establish the truth of every assertion recorded.

Section 64 - Property in several sub-districts

Where a Sub-Registrar registers a non-testamentary document concerning immovable property not wholly within that Sub-Registrar's sub-district, a memorandum of the document and its endorsement and certificate, if any, must be sent to each other Sub-Registrar under the same Registrar whose sub-district contains part of the property. The receiving Sub-Registrar files the memorandum in Book No. 1.

Section 65 - Property in several districts

Sub-section (1): For a registered non-testamentary document concerning immovable property in more than one district, the Sub-Registrar also forwards a copy of the document, endorsements and certificate (if any), together with a copy of any map or plan mentioned in section 21, to the Registrar of every other district containing part of the property.

Sub-section (2): Each receiving Registrar files the copies in Book No. 1 and forwards a memorandum to each subordinate Sub-Registrar whose sub-district contains part of the property. Those Sub-Registrars file the memorandum in Book No. 1.

Practical significance and related provisions

The sequence is important: verification of execution and identity under sections 34 and 35, endorsements under sections 58 and 59, certificate under section 60, and completion and return under section 61. Sections 64 and 65 ensure registration records are communicated to other affected territorial offices. The actual procedure, electronic records and fees may also be governed by applicable state amendments and registration rules.

See also section 57 on inspection and certified copies and sections 66 to 70 concerning further registration duties and supervisory powers.

Official legal source

For the Act and applicable amendments, consult India Code (Government of India). Check the relevant State Registration Department's rules for local practice.