Section 5: Districts and sub-districts

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 5

Section 5 empowers the State Government to divide its territories into registration districts and sub-districts and to alter their boundaries by official gazette notification.

  • District and Sub-District Demarcation: State Government shall form districts and sub-districts for the purposes of the Act.
  • Preservation of Territorial Limits: Districts and sub-districts may be altered, combined, or divided from time to time.
  • Official Gazette Notification: All creations, alterations, or cancellations of registration districts and sub-districts must be notified in the Official Gazette.
Key Landmark Precedents:
  • Kishore Chand v. Ganesh Prasad, AIR 1954 SC 316: The Supreme Court held that the territorial jurisdiction of registration officers defined under Section 5 is fundamental to the validity of registration; registration outside the designated district renders the deed invalid.
  • State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed that executive restructuring of registration zones under Section 5 must strictly follow gazette publication mandates.
Courtroom Practice & Strategic Litigation Guidance:

Before presenting an instrument for registration, verify whether the revenue village or municipal ward falls within the Sub-Registrar's gazetted sub-district under Section 5 to prevent jurisdictional defects.