REG 031 Refusal to Register Sections 71 to 76 — Law of Registration Notes for Judiciary

Refusal to Register under Sections 71 to 76 of the Registration Act, 1908: Reasons Recorded in Book 2, the Appeal under Section 72, the Application under Section 73, the Registrar's Enquiry, and an Order Directing Registration

A registering officer may decline to register, and the Act gives the disappointed party a route back. Section 71 requires the officer to record his reasons in Book 2 and to give a copy on application, so that the party knows what he has to meet. The route then divides according to the ground. If registration was refused on any ground other than denial of execution, the remedy is an appeal to the Registrar under Section 72. If it was refused because a person denied execution, the remedy is an application to the Registrar under Section 73, who holds an enquiry under Section 74.

The two routes from a refusal, and what follows an order either way

1. Reasons for Refusal: Section 71

Section 71, Registration Act, 1908, in substance

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property is not situate within his sub-district, shall make an order of refusal and record the reasons for such order in Book 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 without unnecessary delay give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so refused unless and until, under the provisions hereinafter contained, the document is directed to be registered.

The reasons must be recorded, which is what makes the refusal reviewable. An unreasoned refusal leaves the party unable to frame his appeal.
A free copy is given on application, so the party is not put to expense to learn the ground.
The exception is a refusal on the ground that the property lies outside the sub-district. That is a question of jurisdiction under Section 28, not a refusal on the merits.
Once refused, the document is closed to other offices until an order directs registration, which prevents a party from shopping for a more willing officer.

2. Appeal to the Registrar: Section 72

Section 72, Registration Act, 1908, in substance

(1) Except where the refusal is made on the ground of denial of execution, an order of a Sub-Registrar refusing to register a document is appealable 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.

3. Application where Execution is Denied: Sections 73 and 74

1. Who may apply. Where a Sub-Registrar has refused to register on the ground that a person by whom the document purports to be executed denies its execution, any person claiming under the document, or his representative, assign or agent, may apply to the Registrar.

2. Within thirty days after the making of the order of refusal.

3. In what form. The application is in writing, accompanied by a copy of the reasons recorded under Section 71, and the statements in it must be verified by the applicant in the manner required by law for the verification of plaints.

4. The enquiry, Section 74. The Registrar shall enquire (a) whether the document has been executed, and (b) 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, so as to entitle the document to registration.

5. His powers, Section 75(1) and the related provisions. He may summon and examine witnesses, record evidence, and use the machinery in Sections 36 to 39 to compel attendance.

4. The Order, and the Effect of Registration

Section 75, Registration Act, 1908, in substance

(1) If the Registrar finds that the document has been executed and that the requirements of the law 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 follow the procedure 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 witnesses, and compel them to give evidence, as if he were a Civil Court, and may also direct by whom the whole or any part of the costs of any such enquiry shall be paid.

The thirty day window is strict. An order in the party's favour is of no use unless the document is presented again within thirty days.
The relation back in Section 75(3) is the valuable part. Registration dates from the first due presentation, so the delay caused by a wrong refusal does not cost the party his priority under Sections 47 and 50.
Section 76 requires the Registrar, if he refuses, to record the reasons in Book 2 and give a copy on application; and it provides that no appeal lies from an order by a Registrar under Section 72 or Section 76.

5. Section 72 and Section 73 Compared

	Appeal, Section 72	Application, Section 73
When it lies	Refusal on any ground other than denial of execution	Refusal on the ground that a person denies execution
Who may move	Any person aggrieved by the order of refusal	Any person claiming under the document, or his representative, assign or agent
Time	Thirty days from the date of the order	Thirty days after the order of refusal
Form	An appeal presented to the Registrar	In writing, with a copy of the reasons under Section 71, verified as a plaint
What the Registrar does	May reverse or alter the order	Enquires under Section 74 into execution and compliance with the law
If he orders registration	Section 72(2): present within thirty days; relation back	Section 75(2) and (3): the same

⚠ The limits of the Registrar's enquiry

Under Section 74 the Registrar decides two things only: whether the document was executed, and whether the requirements of the law for registration were complied with. He does not decide title, the genuineness of the transaction, or its validity. The reasoning in State of Rajasthan v. Basant Nahata applies here as much as to the original refusal: the registering authority's role is not adjudicatory in that sense, and questions of legality and policy are for the courts. Where his order goes against the party, the route is not a further appeal but a suit under Section 77.

6. The Position Stated Shortly

1. Section 71: the officer must make an order of refusal, record the reasons in Book 2, endorse “registration refused”, and give a free copy of the reasons.

2. A document once refused cannot be accepted elsewhere until an order directs registration.

3. Section 72: an appeal to the Registrar within thirty days lies from a refusal on any ground other than denial of execution.

4. Section 73: where execution is denied, the remedy is a written, verified application to the Registrar within thirty days.

5. Section 74: the Registrar enquires whether the document was executed and whether the law was complied with.

6. Section 75: on an order directing registration, the document must be presented within thirty days, and registration relates back to the first due presentation.

7. Section 76: a refusal by the Registrar must be reasoned, and no appeal lies from his order.