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Section 61: Endorsements and certificate to be copied and document returned

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 1908
Section 60 All 93 Sections of Registration Act Section 62

Legal Commentary & Landmark Judgments: Section 61

Section 61 governs the copying of endorsements and the certificate of registration into the register-book, and the return of the original registered document to the presenting party.

  • Copying of Endorsements: The endorsements and certificate referred to in Sections 59 and 60 shall be copied into the margin of the register-book.
  • Modern Digital Scanning: Under state amendments, computerized scanning and electronic storage of the entire document with endorsements replaces physical margin transcription.
  • Return of Original Document: The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same, or to his authorized nominee.
Key Landmark Precedents:
  • Ram Saran Lall v. Mst. Domini Kuer, AIR 1961 SC 1747: The Supreme Court authoritatively settled that registration of a document is complete only when the provisions of Section 61 are fulfilled by copying the document and endorsements into the register-book.
  • Gurbax Singh v. Kartar Singh, (2002) 2 SCC 611: The Supreme Court explained that while registration is complete only under Section 61, once complete, the document operates retrospectively from the date of its execution under Section 47.
Courtroom Practice & Strategic Litigation Guidance:

In pre-emption suits or priority disputes, determine the exact date on which the deed was copied and registered under Section 61; right of pre-emption accrues only upon completion under Section 61.

Section 60 All 93 Sections of Registration Act Section 62