Sections 85-88 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.
Sections 85 to 88 open the Miscellaneous Part of the Registration Act, 1908. Section 85 lets a registration office destroy documents (other than wills) that remain unclaimed for more than two years. Sections 86 and 87 protect registering officers who act in good faith. Section 88 lifts the need for Government officers and certain public functionaries to appear in person when an instrument executed by or in favour of them in their official capacity is registered. As per the text of the Act consulted, section 88 is printed in square brackets as a whole.
Documents (other than wills) unclaimed in a registration office for more than two years may be destroyed (section 85). A registering officer is not liable to any suit, claim or demand for anything done or refused in good faith in his official capacity (section 86), and nothing done in good faith is invalid merely because of a defect in his appointment or procedure (section 87). Officers of Government and the other persons listed in section 88 need not appear in person or by agent for an instrument executed by or in their favour in an official capacity.
Section 85: destruction of unclaimed documents
Section 85 is one sentence: "Documents (other than wills) remaining unclaimed in any registration office for a period exceeding two years may be destroyed."
Four points follow from the wording.
- It is permissive. The word is "may". The Act does not require destruction.
- The period is "exceeding two years". The documents must have remained unclaimed in the office for more than two years.
- Wills are excluded. The section applies to documents "other than wills".
- Silent on notice. The text consulted says nothing about notice to the person who presented the document before destruction, or about any record to be kept.
This section relates to the return of documents in section 61, under which a registered document is returned to the person who presented it or to the person nominated in writing on the receipt. A document that is not collected is the kind that section 85 has in view. Our article on return of document, translations and oaths explains section 61. The practical lesson is simple: collect the document, or nominate someone to collect it, and keep the receipt.
Registration is run by the States, and your State may have amended these sections or made rules under section 69. This article explains only the central text; check the State position and any later amendment. If you have a document sitting in a registration office and are unsure how to retrieve it, our legal consultation service can help you plan the steps.
Section 86: no liability for good-faith acts
"No registering officer shall be liable to any suit, claim or demand by reason of anything in good faith done or refused in his official capacity."
The protection covers both acts done and acts refused. It is confined to things done "in good faith" and "in his official capacity". It speaks of a "suit, claim or demand", so it is not limited to court proceedings. The section does not say anything about criminal proceedings; the offences in sections 81 and 82 are in Part XIV, and our article on offences by registering officers and prosecution explains section 81.
Section 87: no invalidity from defects 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."
The key words are "merely by reason of". A defect in the officer's appointment, or in the procedure he followed, does not on its own make an act invalid, if it was done in good faith pursuant to the Act or an Act repealed by it. The section does not cover bad faith. The text consulted does not define "defect", and this article does not do so.
| Section | Protects | Condition |
|---|---|---|
| 86 | The registering officer against suit, claim or demand | Done or refused in good faith in official capacity |
| 87 | The act itself against invalidity | Done in good faith pursuant to the Act; defect in appointment or procedure only |
The two sections work together: section 86 shields the officer, and section 87 shields what he did.
Section 88: instruments of Government officers and public functionaries
The section is printed within square brackets, as a whole, which marks it as inserted or substituted; the print does not say by which Act.
Section 88(1). "Notwithstanding anything contained in this Act, it shall not be necessary" for the following to "appear in person or by agent at any registration office in any proceeding connected with the registration of any instrument executed by him or in his favour, in his official capacity, or to sign as provided in section 58":
| Clause | Person |
|---|---|
| (a) | Any officer of Government |
| (b) | Any Administrator-General, Official Trustee or Official Assignee |
| (c) | The Sheriff, Receiver or Registrar of a High Court |
| (d) | The holder for the time being of such other public office as may be specified in a notification in the Official Gazette issued by the State Government |
Three conditions stand out. The instrument must be executed "by him or in his favour, in his official capacity". The exemption covers appearance "in person or by agent", and it covers signing "as provided in section 58", the endorsement of signatures and additions explained in our article on endorsements on a document admitted to registration. And clause (d) depends on a State Government notification, which is not in the Act.
Section 88(2). "Any instrument executed by or in favour of an officer of Government or any other person referred to in sub-section (1) may be presented for registration in such manner as may be prescribed by rules made under section 69." Section 69(1)(gg) is the rule-making clause for this; see our article on control by the Registrar and rules by the Inspector General. The manner is therefore found in the State's rules, not in the Act.
Section 88(3). The registering officer to whom the instrument is presented "may, if he thinks fit, refer to any Secretary to Government or to such officer of Government or other person referred to in sub-section (1) for information respecting the same and, on being satisfied of the execution thereof shall register the instrument."
So the officer is not left without a check. He may refer for information, and he registers when he is satisfied of the execution. The sub-section says nothing about what he does if he is not satisfied; refusal is the subject of sections 71 to 77.
How the sections affect a private party
If you are dealing with a Government body or an officer in his official capacity, the instrument may be registered without the officer appearing in person or by agent, and without his signing under section 58. That does not remove the other requirements of the Act; the section opens "Notwithstanding anything contained in this Act" only for appearance and signing. Certain documents issued or received by Government officers are exempted from registration altogether by sections 90 and 91.
An example
A Collector, in his official capacity, executes a conveyance of a plot in favour of Prakash. Under section 88(1), the Collector, as an officer of Government, need not appear in person or by agent at the registration office or sign as provided in section 58. The instrument may be presented in the manner prescribed by rules under section 69, as section 88(2) says. The Sub-Registrar may refer to a Secretary to Government for information, and, once satisfied of the execution, registers it under section 88(3).
In a different case, Rani's sale deed is registered and the original is left in the office after she forgets to collect it. If it remains unclaimed for more than two years, section 85 permits its destruction. The Act does not require the office to keep the paper, so collecting the document and keeping the receipt matters.
Need help with documents involving Government bodies?
Where an instrument is executed by or in favour of a Government officer or a public functionary, the State's rules decide how it is presented. Our legal consultation team can look at the document and tell you what to expect before you go to the registration office.
Key takeaways
- Documents (other than wills) unclaimed in a registration office for more than two years may be destroyed (section 85).
- A registering officer is not liable to suit, claim or demand for anything done or refused in good faith in his official capacity (section 86).
- Good-faith acts are not invalid merely because of a defect in appointment or procedure (section 87).
- Section 88 exempts listed Government officers and public functionaries from appearing, in person or by agent, and from signing under section 58.
- The manner of presentation under section 88 is set by rules under section 69.
- Check your State's amendments and rules and any later amendment.
Read next
- Copies of court sale certificates and loan orders to be filed: section 89
- Government documents exempt from registration: sections 90 and 91
- Endorsements on a document admitted to registration: sections 58 and 59
- Sub-Registrar vs Registrar: jurisdiction and powers
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.