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LEGAL CHAT

Intricacies of registration

Continuing the discussions on compulsorily registrable non-testamentary instrument (document), matters relating to admission or non-admission of the execution of the document by the parties concerned are discussed in this article.

A transferor as an executant of the document may advance any one or more of the following grounds and plead for the document not being registered as required by the transferee or any other person claiming any rights under the transferee:

That the transferor has not actually executed the document, the document is a forged one and the signatures shown in the document are not the signatures of the transferor and hence the document should not be registered.

Or

That the document is legally invalid on other grounds as set out below.

The execution of the document by the executant has been obtained by the transferee by fraud, misrepresentation, mistake, absence of consideration etc.

Rule 73 of the Karnataka Registration Rules, 1963, deals with the aforesaid situations and highlights the duties of the registering officer.

The registration authority can refuse registration only on the following grounds:

That the person appearing before the registration authorities claiming to be the actual executant of the document is either a minor or an idiot or a lunatic.

Or

That the instrument is forged

Or

That the person appearing as a representative or assignee or agent of the executant has no right to appear in that capacity

Or

That the executant of the document is not actually dead as claimed and alleged to be so by the party presenting the document on his behalf.

In the aforesaid cases, where the objections are substantiated by evidence to the satisfaction of the registrar, the latter shall refuse to register the document and pass an order accordingly.

However, it is made clear that in other cases where the executant refuses to formally admit execution of the document on other grounds by which he questions the legal validity of the document, but admits to the signing of the document, the registrar shall not entertain such claims as he is not legally bound to go into the enquiry of such matters.

The registrar does not have powers and authority as a Civil Court to go into the legal validity of the document for those grounds other than the non-execution of the document by the transferor.

In such cases, the registrar will proceed with the registration of the document even when the executant, after admitting the execution of the document and the genuineness of his signatures, fails to make proper signatures and endorsements in the document and the appropriate records of the registering authority.

These matters have to be properly recorded by the registering authority before taking the document on record for registration.

When any other person appears as an authorised representative of the executant to present the document and admit execution thereof for and on behalf of the executant, such an authorised person shall produce sufficient documentary proof to the satisfaction of the registering authority of his right and authority to appear for and on behalf of the executant.

Rule 76 of the Karnataka Registration Rules, 1963, deals with the following cases:

A non-testamentary document is presented for registration after the death of the executant

Or

The executant dies after the presentation of the document.

In such cases, the registrar should examine the person who claims to be representative or agent or assignee of the deceased executant and ascertain from him through proper evidence as to whether proper execution of the document has been made by the executant before his death.

The form in which an order has to be passed in this regard by the registering authority has been indicated in the rule itself.

(N.C.S. Raghavan is a chartered accountant and Arvind Raghavan, an advocate)

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