Section 55: Indexes to be made by registering officers, and their contents

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 55

Section 55 mandates the creation of four distinct statutory indexes (Indexes I, II, III, and IV), enabling public searches by names of parties and geographical description of immoveable property.

  • Four Statutory Indexes: Mandates: Index I (names of all persons executing and claiming under every document entered in Book 1); Index II (particulars of property and road/village/survey number relating to Book 1); Index III (names of persons executing and claiming under wills in Book 3); Index IV (names relating to Book 4).
  • Property Search via Index II: Index II is the decisive property-based registry where transactions are cross-referenced by survey/khasra number, municipal ward, and boundaries.
  • Party Search via Index I: Index I enables alphabetical creditor and purchaser searches against individual or corporate sellers.
  • Digital Lexicon Equivalent: Modern computerized registration portals maintain searchable databases corresponding exactly to Section 55 Indexes I and II.
Key Landmark Precedents:
  • Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656: The Supreme Court emphasized that Index I and Index II maintained under Section 55 are the foundation of property due diligence in India, giving notice of encumbrances to the entire world.
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: Affirmed that indexing creates constructive notice under Section 3 of the Transfer of Property Act.
Courtroom Practice & Strategic Litigation Guidance:

When conducting pre-purchase due diligence, commission a 30-year search on both Index I (names of vendor and prior owners) and Index II (specific survey/plot number) to detect undisclosed mortgages or lis pendens.