Section 58: Particulars to be endorsed on documents admitted to registration

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 58

Section 58 mandates the endorsement of critical particulars on every document admitted to registration, including the signatures of executants, their admission of execution, identification by witnesses, and payment of money.

  • Statutory Endorsement Particulars: Registering officer shall endorse: (a) signature and admission of execution of every person admitting execution, (b) signature of every person examined regarding identity, and (c) any payment of money or delivery of goods made in the presence of the officer.
  • Payment in Presence of Officer: Endorsement of consideration paid in the presence of the Sub-Registrar creates strong legal evidence of passing of consideration.
  • Identification by Witnesses: Endorsement of names, addresses, and signatures of identifying witnesses attesting to the executant's true identity.
Key Landmark Precedents:
  • Gurbax Singh v. Kartar Singh, (2002) 2 SCC 611: The Supreme Court held that the endorsement made under Section 58 by the registering officer in discharge of official duty carries a high presumption of regularity and genuine execution under Section 114 Evidence Act.
  • Dahiben v. Arvindbhai Kalyanji Bhanusali, (2020) 7 SCC 366: The Supreme Court noted that the Section 58 endorsement stating that consideration was acknowledged or paid creates a statutory presumption that title transferred upon registration.
Courtroom Practice & Strategic Litigation Guidance:

When paying balance consideration via demand draft or RTGS, explicitly request the Sub-Registrar to record the payment instrument details in the Section 58 endorsement on the deed.