INTRODUCTION
A remedy can be availed by the person when the concerned officer refuses to do so. Sub-registrar can refuse to register a document on account of various grounds. Under the Registration Act. He can also refuse to register a document without assigning any reason. A person whose registration has been refused can avail himself of different remedies available under the Registration Act.
RELEVANT PROVISIONS
Sections 71 and 72 Registration Act 1908 deal with reasons for the refusal and the remedies against the refusal.
CIRCUMSTANCES FOR REFUSAL
The registration of a document may be refused under the following situations/circumstances
1. SITUATION OF PROPERTY OUTSIDE DISTRICT:
If the property concerned is not situated within the district or sub-district registering officer then in such situations its registration may be refused as it’s not within the jurisdiction of the registrar.
2. REFUSAL BY EXECUTANT:
The registration of the documents may also be refused if the executant gives the denial of the execution.
3. INCAPACITY OF EXECUTANT:
The registration of the document may be refused if the executant is a person of unsound mind or idiot or a lunatic. In case of any of the above-mentioned circumstances, the registrar may refuse the registration of the document.
4. DENIAL BY REPRESENTATIVE:
The registration of the document may be refused by the registrar if the executant of the document is dead and his representative denies the execution of the document.
5. DOCUMENTS IN STRANGE LANGUAGE:
If the language is written in a language not understandable by the registering officer and which is not commonly used in the district and the document is not accompanied by a true translation into a language commonly used in the district and a true copy of it.
6. TIME BARRED PRESENTATION:
If the document is presented more than four months after its execution then in such a situation the registrar has the authority to refuse the registration of the document.
7. TO RECORD REASONS FOR REFUSAL:
Every 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 record his reasons for such order in his book No. 2 and endorse the word “registration refused on the document, and application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him, a copy of the reasons so recorded.
8. REFUSAL WITHOUT ASSIGNING ANY REASON:
No sub-registrar can refuse to register a document presented to him without assigning reasons for such refusal but the only case in which he can do so is that the property is not situated within his sub-district.
REMEDIES WHEN THE REGISTRATION OF THE DOCUMENT REFUSED
Except where the refusal is made on the ground of denial of execution, an appeal shall be against an order of a 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 registrar is subordinate if presented to such registrar within thirty days from the date of the order and the registrar may reverse or alter such order.
If the order of the registrar directs the document to be registered and the document is duly presented for registration within thirty days after the making of such order the sub-registrar shall obey the same, and thereupon shall so far as may be minor or practicable, follow the procedure prescribed in sections 58, 59, and 60 and such registration shall take effect as if the document had been registered when it was first duly presented for registration.
REMEDIES AGAINST THE ORDER OF SUB-REGISTRAR
1. APPEAL:
An appeal may be preferred against the order of the refusal provided that except, where the refusal is made on the ground of denial of execution, the appeal shall lie against the order of the sub-registrar refusing a document to registration, to the registrar to whom such sub-registrar is subordinate.
2. LIMITATION PERIOD FOR APPEAL:
The appeal should be preferred to the registrar within thirty days from the date of the order. The registrar may reverse or alter such order.
3. GROUNDS OTHER THAN DENIAL OF EXECUTION:
The refusal of the sub-registrar to register the document on any of the grounds would be one in respect of which there could be an appeal to the registrar;
- Description of property insufficient to identify the dame
- Presentation of document time-barred
- Failure to pay any fine imposed in due time
- Presentation of the document in the wrong registrar
- Failure to pay the registration fee
- Presentation of the document by an improper person
- The non-appearance of execution party within the time
4. REFUSAL BY SUB-REGISTRAR
If the sub-registrar refuses to register a document on the ground that the property is not situated within his area, there is no remedy agent in the order of the sub-registrar.
APPEAL AGAINST THE DETERMINATION OF CIVIL COURT
An appeal lies from a decree passed in a suit under this section An appeal will lie even if the document has been registered under the decree before the appeal is filed. If a decree is passed directing registration, the appellate Court may make an order directing a stay of execution.
APPOINTMENT OF REGISTRAR AND SUB-REGISTRAR
The provincial government may appoint such persons, whether public officers or not as it thinks proper, to be registrars of the several districts and to be sub-registrars of the several sub-districts formed as aforesaid respectively.
REVIEW
A registrar has no power under this Act to review his orders.
REMEDY AGAINST REGISTRAR’S ORDER
Remedy against the registrar under the Specific Relief Act can also be availed by the aggrieved person.
CONCLUSION
It is concluded that the sub-registrar is the registration officer. He registers documents in his specified area. Under the Registration Act, he can refuse to register a document without assigning any reason if the property is not within his area. The Registration Act does not provide any remedy against such an order of the sub-registrar.
FAQs
What is the procedure to register a document if the sub-registrar refuses to register the same?? Please discuss this in detail.
(2019-S)
What is the remedy available to the person aggrieved by order of the sub-registrar? Discuss.
(2018-A, 2017-A, 2016, 2015-A, 2014-A)
What is the remedy available to the person aggrieved by the order of the Registrar?
(2017-S, 2016-A, 2012-S, 2011-A)
Can a sub-registrar, without assigning any reason, refuse to register a document? What is the remedy against his order?
