Section 2 Registration Act: Definitions

Section 2 of Registration Act: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In this Act, unless there is something repugnant in the subject or context,—

(1) "addition" means the place of residence, and the profession, trade, rank and title (if any) of a person described, and, in the case of an Indian, his father's name, or where he is usually described as the son of his mother, then his mother's name;

(2) "book" includes a portion of a book and also any number of sheets connected together with a view of forming a book or portion of a book;

(3) "district" and "sub-district" respectively mean a district and sub-district formed under this Act;

(4) "District Court" includes the High Court in its ordinary original civil jurisdiction;

(5) "endorsement" and "endorsed" include and apply to entry in writing by a registering officer on a rider or on any document tendered for registration under this Act;

(6) "immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass;

(7) "lease" includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease;

(8) "minor" means a person who, according to the personal law to which he is subject, has not attained majority;

(9) "movable property" includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property; and

(10) "representative" includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot.

Legal Commentary & Landmark Judgments: Section 2

Section 2 serves as the primary interpretation clause of the Registration Act, 1908, defining essential statutory terms including 'immoveable property', 'moveable property', 'lease', 'book', and 'representative'.

Immoveable Property [Sec 2(6)]: Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries, and any other benefit arising out of land, and things attached to the earth, but excludes standing timber, growing crops, and grass.
Moveable Property [Sec 2(9)]: Includes property of every other description, including standing timber, growing crops and grass, fruit upon and juice in trees, and property in a severed state.
Lease [Sec 2(7)]: Includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease.
Representative [Sec 2(10)]: Includes the guardian of an infant and the committee or other legal curator of a lunatic or idiot.

Key Landmark Precedents:

Shanta Bai v. State of Bombay, AIR 1958 SC 532: The Supreme Court drew the vital distinction between 'trees' as immoveable property and 'standing timber' as moveable property, holding that right to enter land and fell trees for timber is an interest in immoveable property requiring registration.
State of Orissa v. Titaghur Paper Mills Co. Ltd., 1985 Supp SCC 280: Affirmed that grant of a right to cut and take away bamboo over several years creates a profit à prendre and an interest in immoveable property under Section 2(6).

Courtroom Practice & Strategic Litigation Guidance:

Agreements granting rights to extract earth, minerals, or timber over extended periods must be treated as immoveable property transfers requiring compulsory registration under Section 17.

Section 2: Definitions

Section 2 of Registration Act: Definitions

Legal Commentary & Landmark Judgments: Section 2