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Section 88: Registration of documents executed by Government officers or certain public functionaries

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 87 All 93 Sections of Registration Act Section 89

Legal Commentary & Landmark Judgments: Section 88

Section 88 exempts government officers, the Administrator General, Official Trustee, Official Assignee, and Court Receivers from personal appearance or signature at registration offices for deeds executed in their official capacity.

  • Official Exemption from Appearance: No officer of Government, Administrator General, Official Trustee, Official Assignee, or Receiver shall be required to appear in person or by agent at any registration office in connection with the execution of any instrument executed by him or in his favor in his official capacity.
  • Authentication by Official Seal: Execution is deemed proven by official signature and government seal.
  • Power to Refer for Verification: If the registering officer has any doubt, he may refer to such officer for information, which may be provided by written communication.
Key Landmark Precedents:
  • State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404: The Supreme Court examined statutory land conveyances involving government departments under Section 88.
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: Affirmed that public allotment deeds and government leases executed by authorized officers enjoy Section 88 procedural exemptions.
Courtroom Practice & Strategic Litigation Guidance:

In conveyances or perpetual leases executed by Development Authorities (DDA, HUDA, NOIDA), the allottee appears before the Sub-Registrar while the government officer signs administratively under Section 88.

Section 87 All 93 Sections of Registration Act Section 89