Refusal of registration

Refusal of registration

There are certain reasons on which Sub-Registrar refuses to register documents. He has no power to refuse to register document, which fulfills all of its requirements, and come within his jurisdiction. Effect and procedure can be described as follows:

1.       Record of reasons:

Sub-Registrar cannot refuse to register document, which fulfills all of its requirements. He may refuse registration where property under question does not situate within his sub-district. When he refuses to register the document on the reasons other than out of jurisdiction, he is obliged to mention reasons of such refusal in Book – 2 and endorse the words “registration refused” on the document and on application presented. He is also obliged to provide the copy of reasons of refusal without delay and payment.

If an application lodged for condonation of delay and Registrar refuses it, must record the reasons of such refusal.

Lawsuit cannot be instituted where procedure for registration is followed, and if so filed, it is dismissed.

2.       Appeal to Registrar:

Document can be refused to register on the ground of denial of execution. Appeal cannot be made to Registrar against such refusal. Except this, all refusals can be challenged before Registrar to whom Sub-Registrar is subordinate. Registrar is liable to alter or reverse the order of Sub-Registrar within thirty days from the date of the order. Sub-Registrar is obliged to register the document against which Registrar orders to register, if document is presented within thirty days after making such order. Effect of this registration shall be same as it was first duly presented for registration. Non-appearance is sufficient for the refusal of registration. Refusal to accept document amounts refusal to register.

3.       Denial of execution:

An application against the order of Sub-Registrar can be forwarded to Registrar where he refuses registration on the ground of denial of executant or assign or representative. The aforesaid persons should be the persons purported (supposed) to be person executant. Presentant may apply to Registrar of original jurisdiction within thirty days after passing order of refusal, to establish his right of registration. Written application should accompany the copy of reasons recorded and the verification of applicant as required under this law.

4.       Registration on application:

Whenever Registrar feels convenient may enquire two things before making any decision on the applications against refusal of registration. His enquiry includes:

1.      He shall enquire whether document has been executed.

2.      Whether the requirements of law have been complied with. Such compliance should be done by the applicant as who comes to equity must come with clean hands. Enquiry cannot be extended as to document under question valid or consideration has been paid. Enquiry is confined upto two areas only. Evidence is not required to reach conclusion.

5.      Order of registration:

If Registrar satisfies that all the formalities have been completed and requirements of law have been fulfilled, he makes an order for the registration of such document.

This document is to be duly presented to registering officer within thirty days after passing such order. Registration officer is liable to register the document in accordance with law. Effects of this registration shall be same as presented duly at first time.

Registrar may call witness for evidence when he acts as Civil Court.

Witnesses are called where cost of such kind of enquiry is paid or it is recoverable.

5.       Order of refusal by Registrar:

Registrar may refuse to pass order for registration on application. The ground of refusal may be that property is not situated in his district of jurisdiction or document should be presented for registration in office of Sub-Registrar or other reasons under § 72 & 75 of this law. He is obliged to record the reasons of refusal in Book – 2. He is also bound to provide copy of refusal without any delay to applicant or presentant. He has to also mention of such refusal on application made. Refusal of Registrar u/s 72 & 76 is not maintainable for review.

6.       Suit against refusal of Registrar:

Where Registrar refuses to pass order for registration of document, applicant may institute suit in Civil Court within thirty days of refusal. Case should be instituted in the Court of original jurisdiction where property situates. Court issues decree directing to register document.

Effects of non-registration of documents required to be registered

All the documents, which are required to be registered, and actually they are not got registered, have following effects:

1.      Operation of creation: Document, which is required compulsory registration, operates to create any right presently or in future. If such document is not got registered it shall not operate to create any right neither in present nor in future.

2.      Declaration of right: Non-registration of documents effects the declaration of right. Right remains incomplete and its remedy stands inoperative.

3.      Assigning of right: Sales of goods assigns right to other person. But where sale of immovable property exceeds from Rs. 1,000/- and it is not got registered, it shall not be acceptable as assignment of right. It shall lose right of assigning.

4.      Limits and extinction of right: Where any right is limited or extinguished by an act of registration, it must be got registered. Its non-registration renders it stands there where it was before transaction.

5.      Vested title or interest: Where all the conditions have been fulfilled to acquire title or interest, but the title or interest is not got registered, remains it unvested title or interest.

6.      Contingent title or interest: Where any title or interest is created upon the occurrence of any event or incident, does not converts it into vested right or interest where it is unregistered.

7.      Non-registration as evidence: Documents, which are compulsorily register-able, remain non-acceptable in Court if they remain unregistered. Transfer of immovable property under unregistered contract of sale does not confer any title to transferee or on person found to be in possession of property