What is the recourse available to a person wishing to register a document which has been refused by the Registrar?
Where the refusal order is on the ground other than that of denial of execution, the lies to the Registrar under Section 72 of the ‘the Registration Act, 1908’. On such a refusal to admit a document for registration, any person wishing to register the same should, within 30 days from the date of refusal, appeal to the Registrar to whom such Sub-Registrar is subordinate, in order to establish his right to have the document registered. In such an event, under Section 74 of the Act, the Registrar may enquire whether the document has been executed and whether the requirements of the law currently in force have been complied with on the part of the applicant or the person presenting the document for registration, as the case may be, so as to admit the document for registration.
For the purpose of an enquiry, as per Section 74(4) of the Act, the Registrar is empowered to issue summons to enforce the attendance of witnesses and compel them to give evidence as if he were a Civil Court. As per Section 75(1) of the Act, if the Registrar finds that the document has been executed and that the said requirement had been complied with, he can order for registration of the document. As per Section 77 of the Act, when the Registrar refuses to order the document to be registered, any person claiming under such a document or his representative, assignee or agent may within 30 days after making the order of refusal institute a suit in the proper Civil Court for a decree directing the document to be registered.