Section 2 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 2 defines ten terms used through the Act, plus one inserted definition of "India". These words decide, for example, whether a document touches immovable property or whether an agreement to lease needs the same treatment as a lease. This article reads each definition as per the text of the Act consulted. Where an asset is borderline, take a legal consultation before drafting.
The definitions apply "unless there is anything repugnant in the subject or context". "Immovable property" includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries and any other benefit to arise out of land, and things attached to the earth, but not standing timber, growing crops or grass. "Lease" includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease. A "minor" is judged by the personal law to which the person is subject.
The ten definitions, one by one
The section opens: "In this Act, unless there is anything repugnant in the subject or context". The definitions below follow the order of the copy.
| Sub-section | Term | What the copy says |
|---|---|---|
| (1) | Addition | The place of residence, and the profession, trade, rank and title (if any) of a person described, and, for "an Indian", his father's name, or where he is usually described as the son of his mother, then his mother's name. The copy shows omitted words after "an Indian". |
| (2) | Book | Includes a portion of a book and any number of sheets connected together with a view of forming a book or portion of a book. |
| (3) | District and sub-district | A district and sub-district formed under this Act. |
| (4) | District Court | Includes the High Court in its ordinary original civil jurisdiction. The copy prints "the High 1Court", a stray footnote number. |
| (5) | Endorsement, endorsed | Include and apply to an entry in writing by a registering officer on a rider or covering slip to any document tendered for registration. |
| (6) | Immovable property | As in the short version above. |
| (6-A) | India | "The territory of India excluding the State of Jammu and Kashmir". Printed in square brackets as an inserted definition. |
| (7) | Lease | Includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease. |
| (8) | Minor | A person who, according to the personal law to which he is subject, has not attained majority. |
| (9) | Movable property | Includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property. |
| (10) | Representative | Includes the guardian of a minor and the committee or other legal curator of a lunatic or idiot. |
Words such as "an Indian", "his fathers name" and "idiot or a lunatic" are part of the text as printed and are quoted here as they stand. Section 2 ends in the copy with an omission marker, so the printed section may have lost a clause; check the current text.
Immovable property: the definition that matters most
Whether a document relates to immovable property drives much of the Act: the place of registration (section 28), the description of the property (section 21), the books in which it is entered (section 51) and the compulsory registration provisions of section 17. The definition is an inclusive one ("includes"), so it is not a closed list. It names land, buildings, hereditary allowances, rights to ways, lights, ferries and fisheries, "any other benefit to arise out of land", and things attached to the earth or permanently fastened to anything attached to the earth. It then carves out standing timber, growing crops and grass.
The carve-out connects with the definition of "movable property" in clause (9), which includes standing timber, growing crops and grass, and fruit upon and juice in trees. So a document dealing only with growing crops or grass falls on the movable side of the line as drawn here. For a sale of a plot with a house on it, a lease of a shop, or a transfer of a right of way, the first question is whether it is covered by clause (6), and that question should be settled before drafting.
The Transfer of Property Act, 1882 has its own definition of "immovable property" for its own purposes; our sister article on immovable property under the Transfer of Property Act compares the two. For that Act, check the current law for the corresponding provision.
Lease: wider than the everyday word
For this Act, a lease "includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease". In practice this means a signed counterpart, a kabuliyat or an agreement to lease is a document the Act treats as a lease. Whether registration is compulsory for it is a question for section 17, which we cover in the post on documents compulsorily registrable under section 17; this section only widens the word.
Endorsement, addition and book
An "endorsement" includes an entry in writing by the registering officer on a rider or covering slip to a document tendered for registration. That is why you will see notes and stamps on a separate slip rather than only on the deed itself. The endorsement duties are in sections 52 and 58 onwards and in our post on endorsement and copying of documents.
"Addition" matters in the indexes: it is the identifying detail (residence, profession, trade, rank, title, and the father's or mother's name) that sits next to a name. A "book" can be a bound volume, part of one, or loose sheets connected to form one.
Minor and representative
A minor is judged not by a fixed age in this section but by the personal law the person is subject to. A "representative" includes the guardian of a minor and the committee or other legal curator of a "lunatic or idiot", words used as the copy prints them. The definition is inclusive, so it is not limited to those persons.
India and the section 1(2) point
Clause (6-A) defines India as the territory of India excluding the State of Jammu and Kashmir, while section 1(2) in the same copy says the Act extends to the whole of India with words omitted. The two do not sit together in the print. We do not say which is the present position; see our article on section 1 and check the current official text.
Need help with documents that touch immovable property?
If you are not sure whether your deed, agreement to lease or family arrangement falls within these definitions, our legal consultation service can review it. Your State may have amended section 2 or made its own rules, so we look at the local position too.
Key takeaways
- The definitions apply unless the subject or context is repugnant.
- Immovable property is an inclusive definition; standing timber, growing crops and grass are outside it and sit under movable property.
- A lease includes a counterpart, kabuliyat, an undertaking to cultivate or occupy, and an agreement to lease.
- A minor is judged by personal law; a representative includes a guardian of a minor and a committee or legal curator.
- Clause (6-A) on India should be read with section 1(2); the copy does not reconcile them.
- State amendments and later amendments should be checked.
Read next
- Section 1 of the Registration Act, 1908: short title, extent and commencement
- Sections 3 to 8 of the Registration Act, 1908: Inspector General, districts, Registrars and Sub-Registrars
- Key Definitions Under Registration Act
- Immovable property under the Transfer of Property Act, 1882
Disclaimer: Based on a print of the Registration Act, 1908 marked as last updated on 9 July 2020, as consulted on 2 October 2026. State amendments and rules, later amendments, registration fees and stamp duty are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.