Central

Section 87 of The Registration Act, 1908

Nothing so done invalidated by defect in appointment or procedure.

Nothing done in good faith pursuant to this Act or any Act hereby repealed, by any registering officer, shall be deemed invalid merely by reason of any defect in his appointment or procedure. STATE AMENDMENT Orissa Insertion of new section 87-A (Act 16 of 1908).-- After section 87 of the Indian Registration Act, 1908 (16 of 1908) (hereinafter referred to as the principal Act), the following new section shall be inserted, namely:-- "87-A. Delegation of powers.--The State Government may, by order, delegate all or any of the powers conferred on them under this Act to the Inspector-General of Registration, who shall exercise the same subject to such restrictions and conditions as the State Government may impose and they may in like manner withdraw any power so delegated." [Vide Orissa Act 7 of 1964, s. 2]

Summary

Actions taken by a registering officer stay valid even if there was a mistake in how they were hired.
A registration cannot be cancelled just because the officer did not follow every single step of the correct procedure.
These rules apply as long as the officer acted in good faith, which means they acted with honest intentions.
This protection covers everything done under the current registration rules or the older ones that were replaced.

Practical examples

1Amit registers his land deed with a Sub-Registrar named Mr. Rao in 2024. Later, it is discovered that Mr. Rao's official appointment letter had a technical error. Under this rule, Amit's land registration remains perfectly valid.

2A clerk at the registration office forgets to follow a small administrative step while processing Sarah's property documents. Since the clerk was trying to do their job honestly, the registration is not cancelled because of that small procedural flaw.

FAQ

1. What happens if a Sub-Registrar was not appointed correctly under The Registration Act, 1908?

According to Section 87 of the Registration Act, 1908, any work they did in good faith is still valid even if there was a defect in their appointment.

2. Does a mistake in registration procedure make my document invalid?

No, Section 87 of the Registration Act, 1908, states that a defect in procedure does not make the officer's actions invalid if they acted in good faith.

3. What does good faith mean in Section 87 of the Registration Act, 1908?

In this context, it means the officer performed their duties with honest intentions and without trying to cheat or cause harm.

Test yourself

1.Under Section 87 of the Registration Act, 1908, what is the main requirement for an officer's act to remain valid despite a procedural error?

2.Under Section 87 of the Registration Act, 1908, which of the following could be a reason to challenge a registration?

3.According to Section 87 of the Registration Act, 1908, what happens to a document registered by an officer whose hiring had a legal flaw?

4.Under Section 87 of the Registration Act, 1908, does this rule apply to old acts done under laws that have since been repealed?

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