Section 89: Copies of certain orders, certificates and instruments to be sent to registering officers and filed

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 89

Section 89 mandates courts and revenue officers to send copies of sale certificates, loan mortgages, and partition orders to the registering officer, who files them directly in Book 1 without requiring separate deed execution.

  • Mandatory Court & Revenue Copies: Copies of: (a) sale certificates granted by civil or revenue courts under Order 21 Rule 94 CPC, (b) agricultural loan mortgages, and (c) land improvement loans must be sent to the registering officer.
  • Direct Filing in Book 1: The registering officer shall file the copy in his Book No. 1 and index it under Section 55.
  • Deemed Registered Notice: Filing under Section 89 has the same legal effect of public notice as a regular registered conveyance, without requiring payment of registration fees or personal appearance.
Key Landmark Precedents:
  • B. Arvind Kumar v. Govt. of India, (2007) 5 SCC 745: The Supreme Court authoritatively held that a sale certificate issued under Order 21 Rule 94 CPC does not require registration under Section 17; transmission of a copy to the registering officer under Section 89(2) completes the statutory requirement of public notice.
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Reaffirmed that court auction sale certificates filed under Section 89 confer unassailable public notice against all prior unrecorded claims.
Courtroom Practice & Strategic Litigation Guidance:

When purchasing property in a court auction or SARFAESI sale, ensure that the executing court or authorized officer formally transmits a certified copy of the Sale Certificate to the Sub-Registrar under Section 89(2) for direct Book 1 filing.