Section 34 of registration act 1908

prashant lingayat (Querist) 21 September 2024 This query is : Resolved
Original builder/developer and the original land owner sold a shop property to purchaser with registered document. After two three years this new owner of the said shop sale this shop to new purchaser. Sale deed is being registered with sub registrar. There are three parties mentioned in the sale deed 1) owner of the shop as seller 2) purchaser 3) builder ( as a confirming party) there is no any intrest mentioned in the document as why he is confirming this sale deed. Purchaser and seller present at the time of registration. Sub Registrar registered this agreement in the absence of third party (confirming party) after some period registrar refuse the registration under section 34 of registration act 1908.
My queries are,
1) can this sale deed is considerd as unregistered sale deed
2) after refusal from registration office is that sale transaction automatically cancelled.
3) can original owner resale the said property to any other person-

Follow Query

Report Abuse

Quick Summary

This discussion concerns a property sale where the Sub-Registrar refused registration under Section 34 of the Registration Act, 1908. The refusal was due to the absence of a 'confirming party' (the original builder) during the registration process, despite the seller and purchaser being present. The key questions are whether the sale deed is now considered unregistered, if the transaction is automatically cancelled, and if the original owner can resell the property. The advice given is to appeal to the Registrar under Section 72 of the Act, as Section 34 primarily addresses document execution to prevent fraud.

T. Kalaiselvan, Advocate (Expert) 21 September 2024

Section 34. Enquiry before registration by registering officer
(1) Subject to the provisions contained in this Part and in sections 41 and 43, and 45 and 69 and 75 and 77, , no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
(3) The registering officer shall thereupon—
(a) enquire whether or not such document was executed by the persons by whom it purports to have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear.

kavksatyanarayana (Expert) 21 September 2024
As per Sec.34 of Registration Act of 1908, (Section 34. Enquiry before registration by registering officer (1) Subject to the provisions contained in this Part and in sections 41 and 43, and 45 and 69 and 75 and 77, , no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26: Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered. (2) Appearances under sub-section (1) may be simultaneous or at different times. (3) The registering officer shall thereupon— (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed; (b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear.

prashant lingayat (Querist) 24 September 2024
My queries are,
1) can this sale deed is considerd as unregistered sale deed
2) after refusal from registration office is that sale transaction automatically cancelled.
3) can original owner resale the said property to any other person- Follow Query Report Abuse

N.K.Assumi (Expert) 24 September 2024
That section 34 is confined only to execution of documents, and not to the recitals in the documents or the legal effects or to the attestation, as the main object of Section 34 is to prevent fraud. The Sub Registrar refusal to register the documents is due to absence of 3rd party the builder who is only a confirming party to vouch safe the execution but the seller and the purchaser appeared before the Sub Registrar for Registration but refused to register the same, and under this circumstances the only steps for you is to Appeal before the Registrar under Section 72 of the Act, against the refusal of sub registrar.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries