Section 58 of The Registration Act, 1908
- (1)On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under section 89, there shall be endorsed from time to time the following particulars, namely:--
- (a)the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent;
- (b)the signature and addition of every person examined in reference to such document under any of the provisions of this Act; and
- (c)any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.
- (2)If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.
Summary
- When a document is accepted for registration, the officer must write certain notes, called endorsements, on it.
- The person admitting they signed the document must provide their signature and personal details like their address and job.
- If witnesses are examined, their signatures and personal details must also be written on the document.
- Any money or goods paid in front of the officer during the registration must be recorded.
- If someone admits they have already received payment, this admission must be noted on the document.
- If a person refuses to sign these notes, the officer will still register the document but must record a note of the refusal.
Practical examples
FAQ
1. Does Section 58 of the Registration Act, 1908, apply to court orders?
No, Section 58 of the Registration Act, 1908, specifically excludes copies of a decree or order of a court from these endorsement rules.
2. What if I refuse to sign the officer's notes under the Registration Act, 1908?
Under Section 58 of the Registration Act, 1908, the officer will still register your document but will add a note stating that you refused to sign the endorsement.
3. What personal details must I give to the officer under Section 58 of the Registration Act, 1908?
Section 58 of the Registration Act, 1908, requires your "addition", which includes your residence, profession, and title, as defined in Section 2 of the Act.
4. Does the officer record cash payments under Section 58 of the Registration Act, 1908?
Yes, Section 58 of the Registration Act, 1908, requires the officer to endorse any payment of money or delivery of goods made in their presence.
Test yourself
Q1.Under Section 58 of the Registration Act, 1908, which of the following must be endorsed on a document?
Q2.What happens under Section 58 of the Registration Act, 1908, if a person refuses to sign the required endorsement?
Q3.Under Section 58 of the Registration Act, 1908, which document is exempt from these endorsement requirements?
Q4.Does Section 58 of the Registration Act, 1908, require the officer to record payments made outside the office?