Refusal to Register the Documents

The registration of any document requires compliance of various procedures, rules prescribed under Indian Registration Act, amendments by State Governments and Karnataka Registration Rules. Further, registration should not be opposed to public policy. The registering authority may decline to register any document if it does not conform to the prescribed rules and procedures.

State of Karnataka has brought in section 22(A), with effect from 23.10.1976, under which the State Government may by a notification in Gazettee, declare the registration of any document as opposed to public policy. Recently, State Government has prohibited the registration of transfer of certain properties as opposed to public policy by gazettee notification RD/174/MUNOMU/ 2005 dated 28/4/2005.

Both Indian Registration Act and Karnataka Registration Rules provide for refusal to register the documents. The registering officer may refuse the registration on the grounds that property to which documents relates does not fall under his sub district or for want of other requirements like violation of rules, procedures. If the refusal is not on the grounds of jurisdiction, the Sub-registrar is required to endorse the document “Registration refused” and also to record the reasons in prescribed books.

The person executing the document or any person claiming under such document may request the sub-registrar to provide him a copy of the reasons for refusal which shall be furnished without unnecessary delay and no fee shall be charged. When a document is refused to be registered and endorsed accordingly no registering officer shall accept the document for registration unless the prescribed procedure like appeal to higher authorities and orders there on is followed.

Apart from want of Jurisdiction, the sub-registrar may refuse the registration on various reasons. Some of reasons for refusal are listed below:

  1. The document is in a language not understood by the registering officer, or a language not commonly used in the district; and translated version of the same is not produced along with the documents (Sec. 19).
  2. The document has corrections, alterations, erasures, interlineations blanks, which are not attested by the executant (Sec.20).
  3. The description of the property is insufficient to identify and the document is not accompanied by a copy of the map, plans as required under the provisions (Sec. 21, 22).
  4. The document is presented after prescribed time as provided. (Sections 23, 24, 25, 26, 72, 75 & 77).
  5. The document is presented by a person who has no right to present it (Sections 32, 33, 40, 43).
  6. The executants or their authorised representative, assigns, agents did not attend within the prescribed time (Sec 34).
  7. The sub-registrar is not satisfied as to the identity of the person appearing before him, as executant or not identified to the satisfaction of the sub-registrar. (Sec 34, 43).
  8. The date of execution is not mentioned in the document or correct date is not possible to ascertain or the date of execution is altered making it impossible to ascertain (Rule 50).
  9. The Sub-registrar is not satisfied as to the right of person appearing as agent or representative or assignee (Sec 34, 40).
  10. The execution is not admitted by person said to have executed or his agent.
    In cases, where the sub-registrar is satisfied that the executant is deliberately keeping out of way to avoid registration or has gone to a distant place and not likely to return within prescribed time to admit registration, the sub-registrar may refuse to register the document treating the absence of the executant tantamount to denial of execution.
  11. The person supposed to have executed the document is a minor, idiot, lunatic, not competent to contract.
  12. In case where the executant is dead and the execution by such deceased person is denied by his representative or assignee (Sec 35).
  13. In case of more than one representatives of the deceased and when some of them admit the execution and others deny the execution, it will be treated as refusal in toto and registration may be refused.
  14. The death of the person who has supposed to have executed is not conclusively proved when the document is presented by his representatives or assignees (Sec. 35, 41).
  15. The sub-registrar is not satisfied as to the fact of execution of Will or authority to adopt presented after the death of the testator or donor (Sec 41).
  16. The prescribed fee, penalty under any other law in force for time being has not been paid (Sec 25, 34, 80).

When a registration of document is refused on grounds other than want of jurisdiction or denial of execution the aggrieved party may appeal in writing to registrar of district or officer in charge of the District Registrars office along with a copy of refusal order and document. The appeal may be made by the executant of claimant or their duly authorised agent. The appeal may be presented by the appellant himself or agent or through his authorised advocate.
If the document is in possession of some other person, other than appellant, and requires time to present such documents, the registrar will grant time. The appeal shall be preferred within 30 days from the date of refusal of order.

In case the sub-registrar refuses registration for reasons of denial of execution the persons claiming under such document or his agents may appeal in writing to the registrar within 30 days of the order of refusal and supported by the copy of the reasons for refusal, document, alongwith verification of the statements made in the appeal as is done in case of plaints. The Act prescribes different procedure for appeals for refusal to register for reason of denial of execution and other reasons. In case of denial of execution only claimant under such document or his agents shall appeal and the application shall be duly verified. In other cases the appeal may be made by the executant or claimant or their agents.

An appeal or an applicant against the Order of refusal to register the Will, after the death of the testator shall be made by the executor appointed under the Will. The registrar will conduct enquiry as to the execution, compliance of various laws, proper payment of stamp duty and after being satisfied shall order for the registration of the document. In case if he finds reasons for refusal are correct, he may also refuse the registration.

In case of appeals, on the grounds of insufficient details to identify the property, Registrar has no power to call for further description of the property.

The condition of enclosing a copy of the reasons for refusal by sub-registrar against which appeal or application is preferred, may be waived by the registrar and decide the case based on merits and demerits.

If the registrar reverses the order of the sub registrar and orders for registration of the documents, such document has to be presented for registration within 30 days of such order. The concerned sub registrar shall obey the order and shall proceed with the registration. The registration of such document shall be operative from the date on which it was first presented for registration and refused and not from the date of actual registration.

The Registrar may refuse the registration for want of jurisdiction or that, the document has to be registered in sub-registrar office, or for the reasons recorded by the sub registrar, he shall record the reasons for refusal in records and furnish a copy of such reasons to the party.
The aggrieved party may approach the civil court within whose limits the office of registration is located. Such appeal has to be done within 30 days of the Order of refusal by the registrar.

(Source-DH Reality)