Property Lying in More Than One Area under Sections 64 to 66 of the Registration Act, 1908: Memoranda to Other Sub-Registrars, Copies to Other Registrars, and Why the Paper Travels

Section 28 allows a document to be presented where some portion of the property lies, which means that a transaction affecting land in four sub-districts may be registered in one of them. That would leave three registers silent about it, and a purchaser searching in any of them would find nothing. Sections 64 to 66 close the gap. The office that registers the document sends a memorandum to every other office under the same Registrar, and a copy to the Registrar of every other district, so that the transaction appears wherever the land lies.

Which section applies, and what travels in each case

1. Several Sub-Districts under One Registrar: Section 64

Section 64, Registration Act, 1908

Every Sub-Registrar on registering a non-testamentary document relating to immovable property not wholly situate in his own sub-district shall make a memorandum thereof and of the endorsements and certificate, if any, thereon, and send the same to every other Sub-Registrar subordinate to the same Registrar as himself in whose sub-district any part of such property is situate, and such Sub-Registrar shall file the memorandum in his Book 1.

2. Several Districts: Section 65

A Sub-Registrar registering a document relating to immovable property situate in more districts than one forwards a copy of it, and of the endorsements and certificate, together with a copy of any map or plan mentioned in Section 21, to the Registrar of every other district in which part of the property lies.
That Registrar files the copy in his Book 1, together with the copy of the map or plan.
He then forwards memoranda to each Sub-Registrar subordinate to him in whose sub-district any part of the property is situate, and those Sub-Registrars file the memoranda in their Book 1.
The difference from Section 64 is what travels: a memorandum within a district, a full copy across district lines.

3. Registration by a Registrar: Section 66

A Registrar registering a non-testamentary document relating to immovable property forwards a memorandum to each Sub-Registrar subordinate to him in whose sub-district any part of the property is situate, and each files it in Book 1.
Where the property lies in more districts than one, he also forwards a copy of the document, with the endorsements and certificate and any map or plan, to the Registrar of every other district concerned, who deals with it as under Section 65.
Nothing is registered twice. A memorandum or copy sent under these sections is filed, not re-registered, and the document itself remains registered only in the office where it was presented.

4. Sections 64 and 65 Compared

	Section 64	Section 65
When it applies	The property is not wholly in the Sub-Registrar's own sub-district, but lies within the same district	The property is situate in more districts than one
Who acts	The Sub-Registrar who registered the document	The Sub-Registrar who registered it, and then the receiving Registrar
What is sent	A memorandum of the document and of the endorsements and certificate	A copy of the document, the endorsements and certificate, and any map or plan
To whom	Every other Sub-Registrar under the same Registrar in whose sub-district part of the property lies	The Registrar of every other district concerned, who then sends memoranda to his own Sub-Registrars
What the recipient does	Files the memorandum in Book 1	Files the copy in Book 1 and circulates memoranda

5. Why It Matters to a Purchaser

These sections are the reason a title search works. A buyer of a plot searches the office for the sub-district in which the plot lies, using Index II, the property index. If the plot was part of a larger holding conveyed by a deed registered in another sub-district, he will still find the memorandum or copy filed in Book 1 of his own office. Where the machinery fails, through delay or oversight in an office, the purchaser's search may miss the transaction, which is one of the practical arguments for examining the records of every office in which any part of a large holding could have been dealt with.

6. The Position Stated Shortly

Section 64: a Sub-Registrar sends a memorandum to every other Sub-Registrar under the same Registrar in whose sub-district part of the property lies.
Section 65: where the property lies in more districts than one, he sends a copy to the Registrar of every other district, who files it and circulates memoranda.
Section 66: a Registrar registering such a document sends memoranda to his Sub-Registrars and copies to other Registrars.
A memorandum travels within a district; a copy travels across district lines.
Memoranda and copies are filed in Book 1 and are not re-registered.
The purpose is to make a search effective in every office where part of the property lies.