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Section 64: Procedure where document relates to land in several sub-districts

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Act 1908
Section 63 All 93 Sections of Registration Act Section 65

Legal Commentary & Landmark Judgments: Section 64

Section 64 regulates the statutory procedure where a document relates to immoveable property situated in several sub-districts of the same district, requiring transmission of memorandums to other sub-registrars.

  • Multi-Sub-District Property: Applies where a non-testamentary document relates to immoveable property situated in several sub-districts within the same registration district.
  • Transmission of Memorandums: The Sub-Registrar registering the document shall send a memorandum of the document and of the registration thereof to every other Sub-Registrar within the district in whose sub-district any part of the property is situated.
  • Filing in Book 1: Each recipient Sub-Registrar shall file the memorandum in his Book No. 1 and index the same under Section 55.
  • Universal Encumbrance Notice: Ensures that a search in any of the concerned sub-districts immediately reveals the registered encumbrance.
Key Landmark Precedents:
  • Kishore Chand v. Ganesh Prasad, AIR 1954 SC 316: The Supreme Court held that Section 64 prevents purchasers from being deceived when large parcels or estates span across multiple sub-districts, creating pan-district encumbrance records.
  • Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656: Reaffirmed that memorandum filings under Section 64 preserve the integrity of property searches.
Courtroom Practice & Strategic Litigation Guidance:

When registering a deed covering lands spread across multiple tehsils/sub-districts, pay the required memorandum fees and verify that the Sub-Registrar dispatches Section 64 memos to all related sub-registries.

Section 63 All 93 Sections of Registration Act Section 65