Section 89 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 89 of the Registration Act, 1908 puts a duty on certain officers and Courts: when they grant a loan, a certificate of sale or a mortgage-securing instrument concerning immovable property, they must send a copy to the registering officer within whose jurisdiction the property lies, and that officer files the copy in his Book 1. As per the text of the Act consulted, the section has four sub-sections, each covering a different kind of order or certificate.
Section 89 does not ask a buyer or borrower to register anything. It directs the officer or Court that issues the paper to send a copy to the registering officer: loan orders under the Land Improvement Loans Act, 1883 (89(1)), Court sale certificates under the Code of Civil Procedure, 1908 (89(2)), mortgage instruments and orders under the Agriculturists Loans Act, 1884 (89(3)), and Revenue Officer sale certificates after a public auction (89(4)). The registering officer files the copy in Book 1.
What the section does
Some dealings with land do not begin with a private party presenting a document: a Court sells the property, or an officer grants a loan on the security of land. In such cases section 89 makes the Court or officer send a copy to the registering officer, who files it in his Book 1. Section 89 therefore works with the list of documents that do not need compulsory registration in section 17(2). Several items in that list are of the same kind: orders granting loans, instruments securing the repayment of loans, and certificates of sale granted to the purchaser of property sold by public auction by a Civil or Revenue Officer (section 17(2)(ix), (x) and (xii)). Our existing post on documents compulsorily registrable, section 17 covers section 17.
Registration is run by the States, and your State may have amended section 89 or made rules under section 69. This article explains only the central text; check the State position and any later amendment. If you are buying property that was sold in a Court or revenue auction, or lent against under one of these loan Acts, our legal due diligence service can check the records with you.
The four sub-sections
| Sub-section | Who sends | What is sent | To whom |
|---|---|---|---|
| (1) | Every officer granting a loan under the Land Improvement Loans Act, 1883 (19 of 1883) | A copy of his order | The registering officer within whose jurisdiction the whole or any part of the land to be improved, or of the land to be granted as collateral security, is situate |
| (2) | Every Court granting a certificate of sale of immovable property under the Code of Civil Procedure, 1908 (5 of 1908) | A copy of the certificate | The registering officer within whose jurisdiction the whole or any part of the immovable property comprised in the certificate is situate |
| (3) | Every officer granting a loan under the Agriculturists Loans Act, 1884 (12 of 1884) | A copy of any instrument mortgaging immovable property to secure repayment of the loan, and, if any property is mortgaged for the same purpose in the order granting the loan, a copy of that order | The registering officer within whose jurisdiction the whole or any part of the property mortgaged is situate |
| (4) | Every Revenue Officer granting a certificate of the sale to the purchaser of immovable property sold by public auction | A copy of the certificate | The registering officer within whose jurisdiction the whole or any part of the property comprised in the certificate is situate |
In each case the registering officer "shall file the copy" (or copies) "in his Book 1".
Points common to all four
- The duty is on the issuing officer or Court, not on the borrower or the purchaser. A purchaser at a Court sale does not need to present the certificate for registration in order to trigger the sending of the copy.
- The place is fixed by the property. The copy goes to the registering officer within whose local limits the whole or any part of the property lies. Where the property extends over more than one sub-district, the text speaks of "any part", so the jurisdiction of more than one registering officer may be engaged.
- Filing is in Book 1. The text consulted does not mention an index entry for these copies. Index No. I and Index No. II relate to Book 1 under section 55; our article on the four indexes lists their contents. The Act does not say whether an index entry is made for a copy filed under section 89.
- No time limit. The section does not say within how many days the copy is sent.
Other laws named in section 89
The section refers to the Land Improvement Loans Act, 1883 (19 of 1883), the Code of Civil Procedure, 1908 (5 of 1908) and the Agriculturists Loans Act, 1884 (12 of 1884). These references are as printed. This article does not explain those Acts; check the current law for the corresponding provision, since Acts of this vintage may have been amended, replaced or repealed.
How section 58 treats these copies
Section 58(1), which lists the endorsements on a document admitted to registration, excludes "a copy sent to a registering officer under section 89" (and a copy of a decree or order). So the signature-and-addition endorsements of section 58 are not made on these copies. Our article on endorsements on a document admitted to registration explains section 58.
What section 89 does not say
- It does not make the filed copy a substitute for registration of anything else.
- It does not say that a copy filed under it gives notice to the world; our existing post on notice of registration, public record and third party rights is a general guide on that subject and its facts are not drawn from this section.
- It does not state any fee.
What it means for a buyer
If you are buying property that was sold under a Court order or by a Revenue Officer at a public auction, or which was security for an official loan of one of the kinds named, look for the copy in Book 1 of the office within whose limits the property lies. The existence of the paper in the office's records does not replace the other checks that a purchase needs: the order itself, the proceedings behind it and the title papers.
An example
A Court sells a plot in satisfaction of a decree and grants a certificate of sale to the purchaser, Kamal. Under section 89(2) the Court sends a copy of the certificate to the registering officer within whose limits the plot lies, and the officer files the copy in his Book 1. Kamal does not have to present the certificate for registration for the copy to be filed.
In a second case, a Revenue Officer sells a farm by public auction and grants a certificate to Latika. Under section 89(4) he sends a copy to the registering officer for the area where the farm lies, who files it in Book 1.
Need help checking a property sold by order or auction?
Property that comes from a Court sale, a Revenue Officer's auction or an official loan carries its own set of papers. Our legal due diligence team can trace the certificate, the copy on file and the title behind it for you.
Key takeaways
- Section 89 directs officers and Courts to send copies of loan orders, mortgage instruments and sale certificates to the registering officer.
- The four sub-sections cover the Land Improvement Loans Act, 1883, the Code of Civil Procedure, 1908, the Agriculturists Loans Act, 1884 and sales by Revenue Officers at public auction.
- The registering officer files each copy in his Book 1.
- The duty to send the copy falls on the issuing officer or Court, not on the purchaser or borrower.
- Check the current law for the corresponding provision of each other Act named; check your State's amendments and rules and any later amendment.
Read next
- Government documents exempt from registration: sections 90 and 91
- Property in several sub-districts or districts: sections 64 to 66
- Documents compulsorily registrable: section 17
- Notice of registration: public record and third party rights
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.