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Registration of documents of immovable properties is
compulsory according to Section 17 of the Indian Registration Act, 1908 and
Section 54 of the Transfer of Property Act, 1882. However, there are certain
circumstances under which the registering authority can refuse registration of
documents. Both the Indian Registration Act, 1908 and the Karnataka
Registration Rules, 1965, provide for refusal to register the documents under
certain circumstances. The refusal could be on the ground of jurisdiction of
the sub-registrar or for non-compliance of rules and procedure.Some of the
grounds on which there could be a refusal by the sub-registrar to register a
document 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 document.
2.The document has corrections, alterations, erasures,
interlineations blanks, which are not attested by the executants.
3.The description of the property is insufficient to
identify and the document is not accompanied by a copy of the map, plan as
required by the relevant provisions.
5.The document is presented by a person who has no
right to present it.
6.The executants or their authorized representative,
assigns, agents did not attend to
registration within the prescribed time.
7.The sub-registrar is not satisfied as to the identity
of the person appearing before him as executants or he is not identified to the
satisfaction of the sub-registrar.
8.The date of execution is not mentioned in the document or correct date is not possible to be ascertained or the date of
execution is altered making it impossible to ascertain.
9.The Sub-registrar is not satisfied as to the right of
person appearing as agent or representative or assignee.
10.The execution is not admitted by person said to have
executed or his agent.
11.The person supposed to have executed the document is
a minor, idiot, lunatic, not competent to contract.
12.In case where the executants is dead and the
execution by such deceased person is denied by his representative or assignee.
13.In case of more than one representative of the
deceased and when some of them admit the execution and others deny the
execution, it will be treated as refusal and registration may be refused.
14.The death of the person who is supposed to have
executed is not conclusively proved when the document is presented by his
representatives or assignees.
15.The sub-registrar is not satisfied as to the fact of
execution of Will presented after the death of the testator or donor.
16.The prescribed fee, penalty under any other law in
force for time being has not been paid.
If the refusal is on grounds other than denial of
execution, the Sub-registrar is required to endorse the document “Registration refused” and also record his 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. In this
connection, Section 71(1) of the Indian Registration Act is relevant and is
reproduced below:
71 (1). 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 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 reasons so recorded. When a document is refused to be registered
and endorsed accordingly, the recourse open to the aggrieved person is to file
an appeal to higher authorities and orders thereon obtained.
Appeal to The
Registrar [Sec.72]:
When the registration of a document is refused on
grounds other than want of jurisdiction or on denial of execution, the
aggrieved party may appeal in writing to Registrar of the District or Officer
in charge, District Registrars office, along with a copy of refusal order and the document.The appeal may be
presented by the appellant himself or agent or through his advocate.The appeal
shall be preferred within 30 days from the date of refusal order. 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.
Further, in cases where the sub-registrar is satisfied
that the executants is deliberately keeping away 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 executants
as denial of execution the
persons claiming under such document or their agents may appeal in writing to
the registrar within 30 days of the order of refusal supported by a copy of the
reasons for refusal and the document along with verification of the statements
made in the appeal. as is done in the case of plaints. In the case of denial of
execution, only the claimant under such document or his agents shall appeal and
the application shall be duly verified. In other cases the appeal may be filed
by the executants or claimant or his agent. In the case of refusal to register
the Will after the death of the testator by the sub-registrar, the appeal can
be filed by the executor of the will before the Registrar.
Enquiry of
the Registrar:
The Registrar will cause enquiry as to the execution of
the document, compliance of the requirement under the various laws, payment of
appropriate stamp duty etc. The Registrar may waive the requirement of
enclosing a copy of the reasons for refusal to register a document by
sub-registrar along with the appeal or application and decide the matter on
merits either agreeing with the decision of the Sub-registrar or by reversing
the decision of the sub-registrar. However, in respect of appeals filed on the
grounds of insufficient details to identify the property, Registrar has no
authority to call for further description of the property.
On being ordered by the Registrar for registration of
the document in reversal of the order of the sub registrar, such document are
required to be presented for registration within 30 days of such order. Upon
such presentation of document for registration, the concerned sub registrar
shall proceed to register such document. 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.
Appeal against
the order of the
Registrar:
The Registrar shall record his reasons for refusal and
furnish a copy of such reasons to the appellant. There lies an appeal against
the decision of the Registrar to the Civil Court within whose limits the
Registering Authority's office is located.Such an appeal is to be filed within
30 days of the Order of refusal by the Registrar.
Opposed to
public policy:
In addition to the above, registration of a document
could be refused on the ground of opposed to the public policy. The Government of Karnataka Act No.55 of 1976 has inserted section 22-A in the Registration
Act, 1908 where under the State Government may, by notification in the Official
Gazette, declare that the registration of any document or class of documents is
opposed to public policy which is effective from 23.10.1976.
Similarly, the Government of Karnataka has promulgated Karnataka Ordinance No.3
of 2006 which has come into force w.e.f. 11th December, 2006, imposing a ban on
the transfer of agricultural lands for non-agricultural purposes without
getting such lands converted or without obtaining prior approval of the
competent authority.
The ordinance notifies eight types of offenses and the
punishment thereon in this regard. According to the ordinance, any sale
transaction in contravention of the ordinance would attract imprisonment for
three years and fine of Rs.10, 000/- upon such contravener. Similar punishment
would attract the public servant entrusted with the responsibility of maintenance
of records on his failure to report to the competent authority or to initiate
action against unlawful conversion of revenue land for non- agricultural
purpose. As the ordinance is not explicit on many counts, there is a lot of
confusion in the minds of the public as well as the Sub Registrars particularly
with regard to the identification of a fake land conversion order from the
original, obtaining land conversion certificates in respect of property of
several decades old but situate within the jurisdiction of BMO and CMC., etc.
This has given leverage for the sub-registrars to further harass the already
gullible public.
It is high time that the Government clarifies its
ordinance No.3 of 2006 thread-bear with illustrations wherever necessary so as
to put the system functional in an orderly way and also save the public from
the unnecessary harassment.
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