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LEGAL CHAT

The immovable property which the document relates to is not situated within the jurisdiction of the registering authority; any of the parties to the document denies the execution on his part either personally or through a representative/ agent; where the document is presented for registration beyond the original period of four months and the additional period of further four months as provided in Section 23 of the Act.

No appeal lies against a Sub-Registrar’s refusal.

Where the refusal is on a ground other than the property being outside the jurisdiction, the Sub-Registrar shall endorse on such a document the words “REGISTRATION REFUSED” and record his reasons for doing so in Book-II. In such a case, the registering authority must furnish an official copy of the order recording the reasons stated above without payment of any fees and without any unnecessary delay (Section 71). Where the Sub-Registrar passes such an order, an appeal can be made to the Registrar. The appeal can be filed by any aggrieved party within a period of 30 days from the date of the order.

The Registrar then has the right to reverse the order of refusal or modify or confirm the same and such an order becomes final and no appeal lies on it.

Section 72 of the Act provides that where the refusal to register the document is due to the denial of execution by any of the parties to the document, any aggrieved party can file a petition with the Registrar for accepting the document for registration stating the ground on which it is submitted.

The petition shall be accompanied by a copy of the order under Section 71 recording the reasons for refusal of registration. When such an application is made, the Registrar shall take up for enquiry the matters stated in the application within a reasonable period in respect of the following matters: whether the document has been executed; and whether the requirements of law for the time being in force have been complied with on the part of the applicant or person presenting the document for registration.

The procedure to be followed by the Registrar in this regard is highlighted in Section 75 of the Act. If the Registrar finds that the requirements have been complied with, he shall order the document to be registered. If the document is presented for registration within 30 days after the making of such an order, the registering officer shall obey the rule and thereupon shall follow the procedure prescribed in Sections 58, 39 and 60.

Such registration shall take effect as if the document had been registered when it was first presented for registration.

For the purposes of enquiry, the Registrar can summon any of the parties to the document and the witnesses and examine them on oath and record the evidence. He can also pass an order directing any party to the document to pay the cost of the enquiry proceedings.

Under Section 77,, when a final order of refusal of registration is passed, any person claiming a right under the document has the right to institute a suit in a civil court within 30 days from the date of the order of refusal, praying to the court to pass a decree in the suit directing the document to be duly registered within 30 days of the passing of such a decree in such a civil court.

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