Sections 85, 86 and 87 of the Registration Act, 1908
Sections 85, 86 and 87 in Part XV (Miscellaneous) of the Registration Act, 1908 deal with three separate safeguards: disposal of unclaimed documents, protection of registering officers acting in good faith, and the effect of defects in appointment or procedure on registration acts.
Section 85: Destruction of unclaimed documents
Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed.
Meaning and scope. Section 85 permits, but does not require, a registration office to destroy documents other than wills when they have remained unclaimed for more than two years. The word may confers discretion; the provision does not prescribe automatic destruction immediately upon expiry of two years. Wills are expressly excluded from this power.
The section concerns documents remaining unclaimed in the registration office. It should not be read as a general authority to destroy statutory registers or official records. Applicable State registration rules and record-retention instructions should also be checked before disposal.
Section 86: Protection for registering officers acting bona fide
No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity.
Meaning and scope. Section 86 protects a registering officer against a suit, claim or demand arising from an act done, or an act refused, in good faith while exercising official functions. Bona fide means in good faith. The statutory protection is conditional: it is not a blanket exemption for conduct outside official capacity or for acts lacking good faith.
For example, a good-faith decision to decline registration in the course of official duties is addressed by this protection. The legality of a refusal, and the statutory remedies against it, are distinct questions governed by the relevant provisions of the Act, including Section 71 and Section 72.
Section 87: Effect of defects in appointment or procedure
Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.
Meaning and scope. Section 87 preserves the validity of acts done in good faith under the registration law notwithstanding a defect in the registering officer's appointment or procedure. The provision prevents invalidation merely on such grounds. It does not declare that every statutory defect, fraudulent act or substantive legal deficiency is immaterial, nor does it eliminate the requirement of good faith.
Where validity is disputed, the nature of the defect, statutory requirements, applicable State amendments and judicial interpretation must be considered.
Practical implications of Sections 85 to 87
- For document owners: collect registered documents promptly and retain acknowledgments. Section 85 allows destruction of eligible unclaimed documents after more than two years, but excludes wills.
- For registering officers: document the reasons for official decisions and follow the Act and applicable State rules; good faith is central to Sections 86 and 87.
- For parties challenging registration: a mere procedural or appointment defect does not necessarily invalidate an act performed in good faith; substantive grounds require separate examination.
State-law caution: the Registration Act operates alongside State amendments and registration rules. Local requirements may differ, and the relevant State's current law should be verified for a particular transaction.
Official legal reference
Read the Registration Act, 1908 (India Code, official text) and the Part XV statutory text (Delhi Revenue Department). The explanations above are informational and do not replace the statutory text or applicable State law.