logo logo

REFUSAL TO REGISTER THE DOCUMENTS

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 executant.

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 under the relevant provisions.

4. The document is presented after prescribed time limit.

5. The document is presented by a person who has no right to present it.

6. The executants or their authorised 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 executant 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 executant 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

Refusal Endorsement

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 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 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 executant 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 executant as denial of execution. In case the sub-registrar refuses registration for reasons of 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 executant 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 whereunder 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 offences 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 purposes. 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 BMP and CMC., etc. This has given a 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.

The registration of any document requires compliance of various procedures, rules prescribed under Indian Registration Act, amendments by State Governments and Karnataka Registration Rules. Further registration should not be opposed to public policy. The registering authority may, decline to register any document, if it does not conform to the prescribed rules and procedures.

State of Karnataka has brought in section 22 A, with effect from 23.10.1976, under which the State Government may by a notification in Gazette, declare the registration of any document as opposed to public policy. Recently, State government has prohibited the registration of transfer of certain properties as opposed to public policy by gazettee notification RD/174/MUNOMU/2005 dated 28/4/2005.

Both Indian Registration Act and Karnataka Registration Rules provide for refusal to register the documents.

The registering officer may refuse the registration on the grounds that property to which documents relates does not fall under his sub district or for want of other requirements like violation of rules, procedures. If the refusal is not on the grounds of jurisdiction, the Sub-registrar is required to endorse the document "Registration refused" and also to record the 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. When a document is refused to be registered and endorsed accordingly, no registering officer shall accept the document for registration, unless the prescribed procedure like appeal to higher authorities and orders there on is followed.

Reasons for refusal

Apart from want of Jurisdiction, the sub-registrar may refuse the registration on various reasons. Some of reasons for refusal 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 documents (Sec. 19).

2. The document has corrections, alterations, erasures, interlineations blanks, which are not attested by the executant (Secc.20).

3. The description of the property is insufficient to identify and the document is not accompanied by copy of the map, plans as required under the provisions (Sec. 21, 22).

4. The document is presented after prescribed time as provided. (Sections 23, 24, 25, 26, 72, 75 & 77). 5. The document is presented by a person who has no right to present it (Sections 32, 33, 40, 43). 6. The executants or their authorised representative, assigns, agents did not attend within the prescribed time (Sec 34).

7. The sub-registrar is not satisfied as to the identity of the person appearing before him, as executant or not identified to the satisfaction of the sub- registrar. (Sec 34, 43).

8. The date of execution is not mentioned in the document or correct date is not possible to ascertain or the date of execution is altered making it impossible to ascertain (Rule 50).

9. The Sub-registrar is not satisfied as to the right of person appearing as agent or representative or assignee (Sec 34, 40).

10. The execution is not admitted by person said to have executed or his agent.

In cases, where the sub-registrar is satisfied that the executant is deliberately keeping out of way 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 executant tantamount to denial of execution.

11. The person supposed to have executed the document is a minor, idiot, lunatic, not competent to contract.

12. In case where the executant is dead and the execution by such deceased person is denied by his representative or assignee (Sec 35).

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 in to and registration may be refused.

14. The death of the person who has supposed to have executed is not conclusively proved when the document is presented by his representatives or assignees (Sec. 35, 41).

15. The sub-registrar is not satisfied as to the fact of execution of Will or authority to adopt presented after the death of the testator or donor (Sec 41).

16. The prescribed fee, penalty under any other law in force for time being has not been paid (Sec 25, 34, and 80).

APPEAL

When a registration of document is refused on grounds other than want of jurisdiction or denial of execution the aggrieved party may appeal in writing to registrar of district or officer in charge of the District Registrars office along with a copy of refusal order and document. The appeal may be made by the executant of claimant or their duly authorised agent. The appeal may be presented by the appellant himself or agent or through his authorised advocate.

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. The appeal shall be preferred within 30 days from the date of refusal of order.

Refusal on grounds of denial of execution

In case the sub-registrar refuses registration for reasons of denial of execution the persons claiming under such document or his agents may appeal in writing to the registrar within 30 days of the order of refusal and supported by the copy of the reasons for refusal, document, along with verification of the statements made in the appeal. as is done in case of plaints. The Act prescribes different procedure for appeals for refusal to register for reason of denial of execution and other reasons. In case of denial of execution only claimant under such document or his agents shall appeal and the application shall be duly verified. In other cases the appeal may be made by the executant or claimant or their agents.

An appeal or an applicant against the Order of refusal to register the Will, after the death of the testator shall be made by the executor appointed under the Will.

The registrar will conduct enquiry, as to the execution, compliance of various laws, proper payment of stamp duty and after being satisfied shall order for the registration of the document. In case if he finds reasons for refusal are correct, he may also refuse the registration.

In case of appeals, on the grounds of insufficient details to identify the property, Registrar has no power to call for further description of the property.

The condition of enclosing a copy of the reasons for refusal by sub-registrar against which appeal or application is preferred, may be waived by the registrar and decide the case based on merits and demerits.

If the registrar reverses the order of the sub registrar and orders for registration of the documents, such document has to be presented for registration within 30 days of such order. The concerned sub registrar shall obey the order and shall proceed with the registration. 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.

Refusal by Registrar

The Registrar may refuse the registration for want of jurisdiction or that, the document has to be registered in sub-registrar office, or for the reasons recorded by the sub registrar, he shall record the reasons for refusal in records and furnish a copy of such reasons to the party. The aggrieved party may approach the civil court within whose limits the office of registration is located. Such appeal has to be done within 30 days of the Order of refusal by the registrar.