PRESENTING DOCUMENTS FOR REGISTRATION
Who can present documents for registration?
A registering officer gets power to register a document only when the document is
presented to such officer by one of the persons mentioned in Section 32.
Section 32 deals with persons who are eligible to present documents for registration
before the proper registration office. Section 32 specifies 3 categories of persons who
can present documents for registration, the use of word “or” between the clauses of
section 32 demonstrates that the legislature intended the set clauses to be read
disjunctively and not conjunctively.
Clause (a) of section 32 specifies that a document can be presented for registration
by:
. (i) The person executing the document.
. (ii) any person claiming under the document presented for registration and
. (iii) in that case the set document is a copy of a decree or order, any person
claiming under such decree or order.
This is so because the use of the words “such person” in clause (b) and (c) Can be
understood to mean only persons as referred to in (i), (ii) and (iii) above.
Person Executing
person executing as used in section 32 of the act signifies the person actually
executing the document and includes a principle who executes by means of an agent.
What is power of attorney under Sec 32?
Section 32 refers to documents presented for registration by a holder of power of
attorney in clause (c) and it therefore follows that the procedure specified under
section 33 would be attracted where a document is presented by a person holding a
power of attorney of the persons mentioned in clause (a) of section 32.
Thus, registration of power of attorney under section 33 is only for the purposes of
presentation of the document as contemplated under section 32. It implies that the
execution presentation are two distinct acts as a date of power of attorney itself is not
compulsively registrable under section 17 of the registration act.
Of the persons who are competent to present the document for registration, a power
of attorney holder is also competent. If the document is executed by the principal and
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is and is presented for registration by the power of attorney, it is must that the power
of attorney should be registered. But if the document is executed by power of
attorney on the behalf of principal, here he becomes the executant and can present the
document for registration even if power of attorney is not registered
AMENDMENT OF 2001
Sec 32A. Compulsory affixing of photograph, etc.—Every person presenting a
document for registration shall affix his passport size photograph along with
fingerprints to the document. In a case where a document is related to transfer of
ownership of immovable property, passport size photographs and fingerprints of all
the buyers and sellers mentioned in the document shall be affixed.
ENQUIRY BY REGISTERING OFFICER
Section 34 of the Act contemplates an enquiry by the registering officer before
registration to ascertain the competency of the person to present document for
registration.
This provision deals with identity of the executant whose name the document bears.
This enquiry refers to the congruence of the person in whose name the document is
made and the person who claims that he has made it.
The second requirement shall be the for the Registrar to satisfy himself as to the
identity of the persons appearing before him averring that they executed the
document. The requirement of securing the identification witness obtains relevance in
this regard and even this stage, the Registrar will not go beyond securing information
that the person who is present before him is indeed the person who has executed the
document. The third requirement will be a situation where a person is appearing as a
representative in which case, he shall consider that such a person has lawful right to
represent.
SCOPE OF INQUIRY
Sec 35. Procedure on admission and denial of execution respectively.—
(1) (a) If all the persons executing the document appear personally before the
registering officer and are personally known to him, or if he be otherwise satisfied
that they are the person they represent themselves to be, and if they all admit the
execution of the document, or
(b) if in the case of any person appearing by a representative, assign or agent, such
representative, assign or agent admits the execution, or
(c) if the person executing the document is dead, and his representative or assign
appears before the registering officer and admits the execution, the registering officer
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shall register the document as directed in sections 58 to 61 inclusive.
(2) The registering officer may, in order to satisfy himself that the persons appearing
before him are the persons they represent themselves to be, or for any other purpose
contemplated by this Act, examine any one present in his office.
(3) (a) If any person by whom the document purports to be executed denies its
execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or a
lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his
representative or assign denies its execution, the registering officer shall refuse to
register the document as to the person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure
prescribed in Part XII: [Provided further that the [State Government] may, by
notification in the [Official Gazette], declare that any Sub-Registrar named in the
notification shall, in respect of documents the execution of which is denied, be
deemed to be a Registrar for the purposes of this sub-section and of Part XII.]
Scope of Inquiry Under Section 35
In Park View Enterprises v. State, a DB of Madras High Court held that the duty of
Registrar is only to find out on the face of the document about its nature, and not to
go behind it and find out the intention of the parties.
Under Section 35 of the Registration Act, he has limited duty to perform, and when
parties to document appear in person and admit execution of the document, he is
obliged in law to straightway carry out the registration. If it is an instrument which
would come under Section 47A of the Act, and he has reason to believe that the
market value of the subject matter is not correct, then under that Section, first he has
to register the document and refer it to the Collector for determining the market
value.
In Satya Pal Anand v. State of M.P, Supreme Court has held:
"Section 35 of the Registration Act does not confer a quasi-judicial power on the
Registering Authority. The Registering Officer is expected to reassure that the
document to be registered is accompanied by supporting documents. He is not
expected to evaluate the title or irregularity in the document as such. The examination
to be done by him is incidental, to ascertain that there is no violation of provisions of
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the Act of 1908. In the case of Park View Enterprises (supra) it has been observed
that the function of the Registering Officer is purely administrative and not quasi-
judicial. He cannot decide as to whether a document presented for registration is
executed by person having title, as mentioned in the instrument. We agree with that
exposition”.
