Rayat college of law

Law of Registration

Topic: - Authorities under the Registration Act

and
(section 71- 80) of the Registration Act

Submitted to: - Submitted

by: -
Mrs. Parveen Joshi Yashashvi
Singh
B.A. LLB
(Hons)
Semester
VIII
Section B
 Roll no.
18123

Table of content

• Introduction
• Definition of authority under the Registration Act
• Power and Duties of the Registering Authorities
• Case laws defined under authorities
• Section 71- 80 (Introduction)
• Section 71
• • Section 72
• • Section 73
• • Section 74
• • Section 75
• • Section 76
• • Section 77
• • Section 78
• • Section 79
• Section 80
• Case laws under Section (71-80)
 • Conclusion
• Bibliography

Acknowledgement

I want to express my deep gratitude to my teacher Mrs. Parveen

Joshi and Principal Monica Sharma for their exceptional support
throughout the project on the topic Authorities under the
Registration Act and (Section 71-80) of the Registration Act.
Their guidance and encouragement were indispensable in
bringing this project to fruition.
 I also want to extend my sincere thanks to my family
and friends for their unwavering support and motivation
throughout this journey. I want to emphasize that this project was
completed independently by me and not copied from any source.

Thank you
Yashashvi Singh

Introduction
The Registration Act is a comprehensive legislative framework
that governs the registration processes for a wide range of entities,
transactions, and records within a jurisdiction. This introductory
section provides an exploration of the authority, responsibilities,
and procedures outlined in the subsequent sections.

Definition of Authority under the Act

The term "Authority" is a key concept under the Registration Act,
as it refers to the designated government entity responsible for
overseeing and administering the registration of various legal
documents and ins All fees for the registration of documents
under this Act shall be payable on the presentation of such
documents.

This authority is typically a state-level government office, such

as the Office of the Registrar or Sub-Registrar, that is empowered
to receive, process, and maintain records of transactions like
property deeds, mortgage agreements, and other legally binding
contracts.
The specific powers and duties of the Registering Authority are
outlined in the Act, but generally include the following
responsibilities:
1. Accepting the presentation of documents for registration
and ensuring they meet the necessary legal requirements.
2. Maintaining comprehensive registers and records of all
registered documents, including their details and the parties
involved.
3. Issuing certified copies or extracts of registered documents
upon request by authorized individuals or entities.
4. Collecting the prescribed registration fees and charges from
parties seeking to register their documents.
5. Verifying the identities of parties and the validity of the
transactions being registered.
6. Providing assistance and guidance to the public on the
registration process and requirements.
The Registering Authority plays a crucial role in upholding the
integrity of the legal system by ensuring the proper registration
and recordkeeping of important documents, thereby providing
legal certainty and protecting the rights and interests of all
stakeholders.

Powers and Duties of the Registering Authority

The Registering Authority, as defined under the Registration Act,
plays a crucial role in the registration process range of powers and
duties to ensure the proper and efficient administration of the Act.
Primarily, of various legal documents and instruments. This
authority is vested with a the Registering Authority is responsible
for registering documents presented to them, maintaining accurate
and up-to-date records of all registered documents, and providing
certified copies of registered documents to authorized individuals
upon request.

1. Verifying the authenticity of the document:- One of

the primary powers of the Registering Authority is the
ability to scrutinize and verify the authenticity of
documents presented for registration. This includes the
authority to refuse registration if the document does not
comply with the legal requirements or if there are any
discrepancies or irregularities identified. Additionally, the
Registering Authority is empowered to collect the
prescribed registration fees and issue receipts for the same.
2. Maintenance of the document:- Furthermore, the
Registering Authority is tasked with the maintenance of
comprehensive registers and records of all registered
documents, including their details, parties involved, and
the date of registration. These records serve as a vital
 source of information for various legal and administrative
purposes, and the Registering Authority is responsible for
ensuring the integrity and accessibility of these records.
3. Error and misjudgment:- In the event of any errors or
discrepancies in the registered documents, the Registering
Authority is empowered to facilitate the rectification of
such errors, subject to the prescribed legal procedures.
This function is crucial in maintaining the accuracy and
reliability of the registered documents, which are often
relied upon for various legal and commercial transactions.

4. Penalties for non-compliance: - The Registering

Authority also plays a crucial role in the enforcement of
the Registration Act, with the power to impose penalties on
individuals or entities for non-compliance with the
provisions of the Act. This includes the ability to take legal
action against parties who fail to register documents as
required by law or who provide false or misleading
information during the registration process.
5. Registering of documents and instruments: - The
Registering authority, typically the Sub-Registrar's office,
is responsible for receiving, examining, and recording
these documents. Upon presentation of the document, the
registering authority verifies the identities of the parties
involved, checks for any discrepancies or errors, and
ensures compliance with applicable laws and regulations.
Once satisfied, the authority assigns a unique registration
number, makes relevant entries in the official register, and
issues a certificate of registration to the presenters.
6. Fees and charges for registration: - The Registration
Act outlines a detailed fee structure for various
registration-related services. These fees are payable to the
Registering Authority and help cover the administrative
costs of maintaining the registration system. The specific
fees depend on the type of document or instrument being
registered, as well as its value or size.
7. Maintenance of register and records:- A core
responsibility of the registering authority under the
Registration Act is the meticulous maintenance of registers
and records containing details of all registered documents
and instruments. The registering authority must ensure the
security, integrity, and accessibility of these vital
documents, which form the backbone of the the security,
integrity, and accessibility of these vital documents, which
form the backbone of the land administration system.
Registrars are required to maintain the physical and digital
registers.
8. Rectifying of errors in registered document: - The
Registration Act provides a mechanism for the rectification
of errors that may occur in registered documents. This is
an important safeguard to ensure the accuracy and integrity
of the public records maintained by the registering
authority. it can be typographical or clerical error , time
limit, substantive error, evidentiary requirements and
notification and appeals.
9. Refusal to register or cancellation of the
registration: - If a party fails to pay the registration fees
or fails to provide the necessary document required for
registration the registrar has the power to refuse to register
the document or instrument and it has serious
 consequences as the unregistered document is not legally
recognized. And in case of cancellation of registration it
may happen when there is fraudulent instrument or there is
violation of the act, then the registering authority can
initiate the proceedings of cancellation of the registered
document.
Case laws as authorities under the registration
act
1. Jagdish Singh Vs. Nathu Singh – In this case, the Supreme
Court held that the registering officer is responsible for
verifying the identity of the parties and must exercise due
diligence to prevent impersonation or fraudulent
transactions.
2. Sikandar Khan Vs. Salamat Ali - the Supreme Court
held that the registering officer has a duty to preserve the
original documents and provide certified copies to the
parties as and when requested.
Section (71- 80) of the Registration Act, 1908
Introduction
The Registration Act empowers registering officers with the
discretion to refuse registration in certain cases. The courts have
provided guidance on the appropriate exercise of this power
through a body of case law. One key principle established is that
refusal to register must be based on valid reasons prescribed by
law, rather than arbitrary or capricious grounds. For example, in
Karam Chand v. Sub Registrar, the High Court held that the
registering officer cannot refuse to register a document merely
because they believe the transaction to be unlawful or invalid -
that determination is for the courts to make. Similarly, in Ranjit
Singh v. SubRegistrar, the Supreme Court ruled that refusal to
register on the ground that the property was part of a disputed
inheritance was improper, as the registering officer is not
empowered to adjudicate title disputes. Their role is limited to
verifying the identity of the parties and the absence of obvious
defects in the document.
However, the courts have acknowledged that registering officers
must exercise some discretion to prevent fraudulent or unlawful
transactions from being recorded. In Shobha Ram v. Sub-
Registrar, the High Court upheld the refusal to register a
conveyance where the parties were found to be acting in High
Court upheld the refusal to register a conveyance where the
parties were found to be acting in collusion to defeat the rights of
a rightful owner. Overall, the case law strikes a balance -
registering officers cannot arbitrarily deny registration, but must
act within the limited scope of their powers to uphold the integrity
of the registration system. Parties aggrieved by wrongful refusal
can seek judicial recourse through the courts

Section 71 – Reasons for a refusal to be register

to be recorded.
(1) Every Sub - Registrar refusing to register a document,
except on the ground that the property to which it relates is not
situate 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 words "registration refused" on the document; and, on
application made by any person executing or claiming under the
document, shall, without payment and unnecessary delay, give
him a copy of the reason.
(2) No registering officer shall accept for registration a
document so endorsed unless and until, under the provisions
hereinafter contained, the document is directed to be registered.

"(3) No registering officer shall accept for registration any

document involving transfer of property including contract for
sale of immovable property belonging to or vested in the
Government of Kerala or public sector undertakings operating in
the State or local self government institutions unless it is
accompanied by a no objection certificate issued by an officer
authorised by the State Government in this behalf."
Section 72 - Appeal to Registrar from
orders of SubRegistrar refusing
registration on ground other than denial of
execution
(1) Except where the refusal is made on the ground of denial of
execution, an appeal shall lie 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 Sub-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.

(2) 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 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.

Section 73 – Application to registrar where sub –

registrar refuses to register on grounds of denial of
execution
1. (1) If a local registration officer (Sub-Registrar) decides not to
register a document because the person who is supposed to have
signed it, or that person's representative or successor, says it
wasn't signed by them, then anyone who stands to benefit from
that document, or their representative, successor, or legally
authorized agent, can challenge this decision. They have 30 days
from the refusal to ask the main registration officer (Registrar)
overseeing the local officer to review the case and get the
document registered.

(2) Such application shall be in writing and shall be accompanied

by a copy of the reasons recorded under section 71, and the
statements in the application shall be verified by the applicant in
manner required by law for the verification of plaints.

Section 74 – Procedure of registrar on such

application
In such case, and also where such denial as aforesaid is
made before a Registrar in respect of a document
presented for registration to him, the Registrar shall, as
soon as conveniently may be, enquire-
• whether the document has been executed;
• whether the requirements of the law for the time being in
force have been complied with on the part of the applicant
or person presenting the document for registration, as the
case may be, so as to entitle the document to registration.

Section 75 – Order by registrar to register and

procedure there on
(1) If the Registrar finds that the document has been executed
and that the said requirements have been complied with, he shall
order the document to be registered.

(2) If the document is duly presented for registration within

thirty days after the making of such order, the registering officer
shall obey the same and thereupon shall, so far as may be
practicable, follow the procedure prescribed in sections 58, 59 and
60.

(3) Such registration shall take effect as if the document had

been registered when it was first duly presented for registration.
(4) The Registrar may, for the purpose of any enquiry under
section 74, summon and enforce the attendance of witness, and
compel them to give evidence, as if he were a Civil Court and he
may also direct by whom the whole or any part of the costs of any
such enquiry shall be paid, and such costs shall be recoverable as
if they had been awarded in a suit under the Code of Civil
Procedure, 1908 (5 of 1908).

Section 76 – Order of refusal by registrar

(1) Every Registrar refusing

(a) to register a document except on the ground that the property

to which it relates is not situate within his district or that the
document ought to be registered in the office of a Sub -
Registrar, or

(b) to direct the registration of a document under section 72 or

section 75,

shall make an order of refusal and record the reasons for such
order in his Book No. 2, and, on application made by any person
executing or claiming under the document, shall, without
unnecessary delay, give him a copy of the reasons so recorded.

(2) No appeal lies from any order by a Registrar under this section
or section 72.

Section 77 – suit in case of order of refusal by

registrar
(1) Where the Registrar refuses to order the document to be
registered, under section 72 or a decree section 76, any person
claiming under such document, or his representative, assign or
agent, may, within thirty days after the making of the order of
refusal, institute in the Civil Court, within the local limits of
whose original jurisdiction is situate the office in which the
document is sought to be registered, a suit for a decree directing
the document to be registered in such office if it be duly presented
for registration within thirty days after the passing of such decree.

(2) The provisions contained in sub-sections (2) and (3) of

section 75 shall, mutatis mutandis, apply to all documents
presented for registration in accordance with any such decree,
and, notwithstanding anything contained in this Act, the
documents shall be receivable in evidence in such suit.

Section 78 – Fees to be fixed by state government

The State Government shall prepare a table of fees payable -

• for the registration of documents;

• for searching the registers;
• for making or granting copies of reasons, entries or
documents, before on or after registration;
• and of extra or additional fees payable,
• for every registration under section 30;
• for the issue of commissions;
• for filing translations;
• for attending at private residences;
• for the safe custody and return of document;
• for such other matters as appear to the Government
necessary to effect the purposes of this Act.

Section 79 – Publication of fees

A list of the charges that need to be paid will be made public in
the Official Gazette. This list will also be available in English and
the local language of the area and displayed for everyone to see in
every registration office.

Section 80 – Fees payable on presentation

All fees for the registration of documents under this Act shall be
payable on the presentation of such documents.

Conclusion
The term "Authority" is a key concept under the Registration Act,
as it refers to the designated government entity responsible for
overseeing and administering the registration of various legal
documents and ins All fees for the registration of documents
under this Act shall be payable on the presentation of such
document.

This authority is typically a state-level government office, such as

the Office of the Registrar or Sub-Registrar, that is empowered to
receive, process, and maintain records of transactions like
property deeds, mortgage agreements, and other legally binding
contracts.
Section 71- 80 The Registration Act empowers registering
officers with the discretion to refuse registration in certain cases.
The courts have provided guidance on the appropriate exercise of
this power through a body of case law. One key principle
established is that refusal to register must be based on valid
reasons prescribed by law, rather than arbitrary or capricious
grounds.
However, the courts have acknowledged that registering officers
must exercise some discretion to prevent fraudulent or unlawful
transactions from being recorded. In Shobha Ram v. Sub-
Registrar, the High Court upheld the refusal to register a
conveyance where the parties were found to be acting in High
Court upheld the refusal to register a conveyance where the
parties were found to be acting in collusion to defeat the rights of
a rightful owner. Overall, the case law strikes a balance -
registering officers cannot arbitrarily deny registration but must
act within the limited scope of their powers to uphold the integrity
of the registration system. Parties aggrieved by wrongful refusal
can seek judicial recourse through the court.
Bibliography
1. https://kanoongpt.in/bare-acts/the-registration-act-1908/
section-71
2. https://www.casemine.com/search/in/section%2%2Bof
%2Bregistration%2B act