Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Query on Registration Act 1908

(Querist) 30 March 2010 This query is : Resolved 

My father had a registered document done in March 1981.In that document only seller thumb impression was available,but buyer(I mean my father) signature or thumb impression was not available in the document.

In that document it was written that 7.97 guntas of land was allocated to my father (My father name and Son of and with place were written ) with identifications like East,west,north and south of the plot.

Interestingly plot number was not mentioned and also plan of the plot was not affixed and sub registrar has completed the registration in 1981.

I would like to know as per registration act 1908 :

1) Can sub regsitrar perform registration even though buyer signature or thumb impression was not there in the document.

2) Is sub registrar need to ask (I mean mandatory to ask ) plot map and plot number along with registration document before registration.

3) If sub registrar doesnot follow rules as per registration act and proceeded for registration,What would be the role of witnesses.Will Witnesses also legally responsible being a part of incorrect registration of the plot.
Raj Kumar Makkad (Expert) 30 March 2010
1. Though the signature of buyer or his representative are expected to be made on registered sale-deed but this lapse is not fatal for such document and still it is valid.

2. Should not but it is not mandatory.

3. No witnesses are just to corroborate the contents of document in question and they are nowhere responsible for any lapse on the part of registering authority or buyer.

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