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Section 85: Destruction of unclaimed documents

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 84 All 93 Sections of Registration Act Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 authorizes the destruction of unclaimed registered documents remaining in the custody of registration offices for a period exceeding two years.

  • Unclaimed Documents Destruction: Documents (other than wills) remaining unclaimed in any registration office for a period exceeding 2 years may be destroyed.
  • Notice Requirement: Prescribed notice or gazette publication is typically issued prior to destruction under State Rules.
  • Permanent Archival in Book 1: Destruction affects only the physical original document; the official transcribed or scanned record in Book 1 remains permanently preserved in the registry.
  • Wills Exemption: Wills and authorities to adopt are permanently exempt from destruction under Section 85.
Key Landmark Precedents:
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: The Supreme Court noted that physical destruction under Section 85 does not extinguish the legal validity of the registration, which is preserved in Book 1.
  • Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana, (2012) 1 SCC 656: Affirmed that the permanent public record in Book 1 survives even if the original instrument is lost or destroyed.
Courtroom Practice & Strategic Litigation Guidance:

Collect your original registered sale deed within two months of registration; leaving the deed unclaimed for over two years exposes it to lawful destruction under Section 85, forcing reliance on certified copies.

Section 84 All 93 Sections of Registration Act Section 86