Index of Registered Documents and Its Types Under the Registration Act, 1908
This blog explains the meaning of document indexes, types of indexes (Index I to IV), certified copies of Wills, and their legal importance under the Registration Act, 1908.
REGISTRATION
KASHINATH GAWADE
1/30/20262 min read
Index and Its Types Under the Registration Act, 1908
When a document is registered with the Sub-Registrar, its details are systematically recorded and made searchable through indexes. These indexes play a crucial role in maintaining transparency and public access to registered documents.
What Is an Index of Documents?
An index of documents is a summary record containing the important particulars of documents registered in the office of the Sub-Registrar.
As per Section 55 of the Registration Act, 1908, indexes are prepared to help identify and trace registered documents easily.
An index generally contains details such as:
Nature and type of document
Document number
Date of execution and date of registration
Names and addresses of parties
Description and location of property
Consideration amount and market value
Stamp duty and registration fee paid
What Are the Different Types of Indexes?
The Registration Act provides for different indexes based on the nature of documents registered. These are commonly known as Index I, Index II, Index III, and Index IV.
Index I
Prepared for documents relating to immovable property
Arranged according to the initial letters of the first name of the parties to the document
Commonly used for Sale Deeds, Lease Deeds, Leave and License Agreements, etc.
Index II
Also prepared for immovable property documents
Arranged according to the name of the village or location where the property is situated
👉 Indexes I and II together help in tracing property-related documents.
Index III
Prepared exclusively for Wills
Maintained separately due to the sensitive and personal nature of such documents
Index IV
Prepared for miscellaneous documents
Includes documents related to movable property and other non-immovable transactions
Who Can Obtain a Certified Copy of a Registered Will?
A Will is registered in Registration Book No. 3. Certified copies of a registered Will can be obtained as follows:
During the Lifetime of the Testator
The testator himself, by applying and paying the prescribed fee
Any person authorised by the testator to obtain the certified copy
After the Death of the Testator
Any person may apply for a certified copy
The applicant must submit a death certificate of the testator and pay the prescribed fee
What Is the Legal Importance of a Certified Copy of a Registered Document?
As per Section 57 of the Registration Act, 1908, a certified copy issued by the office of the Sub-Registrar is legally valid and admissible as evidence in court for proving the contents of the original registered document.
This makes certified copies extremely important in:
Property disputes
Succession matters
Court proceedings
Verification of ownership and rights