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Section 87: Nothing so done invalidated by defect in appointment or procedure

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
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Act 1908
Section 86 All 93 Sections of Registration Act Section 88

Legal Commentary & Landmark Judgments: Section 87

Section 87 of the Registration Act, 1908 provides that nothing done in good faith by any registering officer shall be deemed invalid merely by reason of any defect in his appointment or procedure.

  • Procedural Mechanism: Section 87 establishes a protective statutory curative principle: 'Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure.' It prevents bona fide property transactions from being disrupted due to ministerial or procedural technicalities within the registration department.
  • Judicial Powers & Orders: However, the courts have drawn a sharp line between mere 'procedural defects' (cured by Section 87, such as minor errors in indexing or paging) and 'jurisdictional defects' (which are incurable, such as registration by an officer having no territorial jurisdiction under Section 28 or presentation by an unauthorized stranger under Section 32).

Section 87 protects registered titles by providing that good-faith official registrations are not invalidated by mere technical defects in appointment or procedure.

Key Landmark Precedents:
  • K. Kishun v. Bihari, AIR 2005 SC 3799: The Supreme Court held that Section 87 cures only procedural errors committed in good faith; it cannot cure a total lack of territorial jurisdiction or violation of mandatory conditions precedent under Sections 28 and 32.
  • Rajni Tandon v. Dulal Ranjan Ghosh Dastidar, (2009) 14 SCC 782: The Court reiterated that while fundamental presentation defects affect jurisdiction, administrative irregularities in the registrar's office are cured by Section 87.
Legal Commentary:

Litigants challenging a registered deed often point to administrative oversights in register entries or copying. Section 87 acts as a statutory shield against such technical objections, protecting registered titles unless a fundamental jurisdictional defect is demonstrated.

Section 86 All 93 Sections of Registration Act Section 88