There are specific norms and
processes stipulated for the admission of documents for registration that must
be adhered to.
Particulars to be endorsed
Under section 58 of the act,
the following particulars are to be endorsed on documents admitted in
registration. On every document admitted to registration, other than a copy of
decree or order, or a copy sent to a registering officer u/s. 89, there shall
be endorsed from time to time the following particulars namely:
- Signature and addition of every person admitting the execution of the document, and if such execution has been admitted by the representative assignee or agent of any person, the signature and addition of such representative, as signee or agent.
- Signature and addition of every person admitting the examined in the reference to such document under any of the provisions of this Act.
- Any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the documents, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.
If any person admitting the
execution of a document refuses to endorse the same, the registering officer
shall nevertheless register it, but shall at the same time endorse a note of
such refusal.
Denial of execution
If any person appears to the
registering officer to be a minor; an idiot or a lunatic, or if any such person
by whom the document purports to be executed or is dead and his representative
or assignee denies its execution, the registering officer shall refuse to
register the document as to the person so denying, appearing or dead.
Other of refusal
The Sub-Registrar refusing to
register a document, except on the ground that the property to which it relates
is not situated within his sub-district shall, make an order of refusal and
endorse the word ‘registration refused’ on the document and, on application
made by the document, shall without payment and unnecessary delay give him a copy
of the reasons so recorded.
Appeal to registrar
Under section 72, an appeal can
be made against an order of sub-registrar refusing to admit a document to
registration (whether the registration of such document is compulsory or
optional) to the registrar to whom such sub-registrar is subordinate.
The appeal has to be made
within thirty days from the date of the order, and the registrar may reverse or
alter such order. Such registration shall take effect as if the document had
been registered when it was duly presented for registration.
The registrar may, for the
purpose of any enquiry under section 74, summon and enforce the attendance of
witnesss and compel them to give
evidence, as if he were a civil court, and he has the right to direct by whom
the whole or any part of the cost of any such enquiry shall be recovered or
paid.
Points to note
- Registration process is essential to make the property document accepted as per law.
- The norms have been specified and should be followed as prescribed by the authorities.
- Any attempt to circumvent the procedure should be avoided even if a broker suggests it can be done.
- Ensure that you have copies of all the documents submitted.