S.88 Registration Act | Govt Officer Exempt From Personal Appearance Even If Document Registered In Another State: Kerala High Court
The Kerala High Court has held that government officers exempted from personal appearance for document registration under Section 88 of the Registration Act, 1908 retain that exemption even when the document is registered in another State.Justice P.V Balakrishnan delivered the judgment in a writ petition, where the Court examined whether a registering authority in one State can insist on...
The Kerala High Court has held that government officers exempted from personal appearance for document registration under Section 88 of the Registration Act, 1908 retain that exemption even when the document is registered in another State.
Justice P.V Balakrishnan delivered the judgment in a writ petition, where the Court examined whether a registering authority in one State can insist on the personal appearance of an executing officer of another State, despite an exemption granted under Section 88 of the Registration Act.
For context, according to Section 88 of the Act it is not necessary for any officer of Government, or certain public functionaries 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.
The dispute arose when a Sub Registrar in Kerala refused to register a mortgage release deed unless the Superintending Engineer of the Tamil Nadu Electricity Board (TNEB), the executing officer, appeared in person. The petitioner argued that such insistence violated Section 88, which exempts certain public officials from personal appearance. The petition relied on a notification issued under the Section 88 to claim such exemption.
The State, contended that the exemption would not apply because the relevant notification recognizing the officer was not issued by the State of Kerala.
The Court examined Section 88 of the Act and emphasized that the Registration Act is a Central legislation with uniform application across India, and its provisions cannot be narrowly confined by State boundaries.
“ It is to be borne in mind that the Registration Act, 1908 is a Central legislation having uniform application throughout the country. Consequently, the exemption provided under Section 88 of the said Act operates irrespective of the State in which the document is presented for registration. Therefore, the procedure contemplated under Section 88 cannot be curtailed merely on the ground that the category of persons mentioned therein are stationed in a State different from the one where registration is sought.” Court noted.
The Court noted that as per Section Section 88(1) (d) of the Act an officer holding a public office who has been specified in a notification issued by the concerned State Government would fall within the category of officers exempted from personal appearance before the registering authority.
“Since the notification in the present case has been issued by the competent Government of the State where the officer concerned is serving, the benefit of the exemption cannot be denied.” Court observed.
The Court thus held that once an officer is validly exempted by a notification issued by the competent State Government, that exemption travels with the officer and must be recognized in other States as well.
The Court directed the Sub Registrar to proceed with registration of the release deed without insisting on the officer's personal appearance, subject to compliance with stamp duty requirements.
Case Title: Alavikutty T.K v State of Kerala and ors.
Case No: WP(C) 40794/ 2024
Citation: 2026 LiveLaw (Ker) 150
Counsel for Petitioner: T.C. Suresh Menon, B. Deepak
Counsel for Respondent: K. M Faisal (GP)