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NRV   05 October 2021

Sub-registrar has power reject without registering a deed?

Recently my brother tried a deed registration in jurisdictional sub-registrar office of the property, sub-registrar rejected the deed say it is in court, my brother asked court order, sub-registrar shown a legal notice to sub-registrar from other side advocate. Without a court order on only legal notice sub-registrar has power reject deed registration?


 9 Replies

Anusha Singh   06 October 2021

As per your query it is understood that you need information regarding the sub registrar’s power for refusal of registration deed.

The sub registrar has the power to refuse the registration of the deed but he is entitled to record the reasons for refusal of such registration in writing and hand it over to the applicant.

In your case the sub registrar already had the court’s order for the refusal of the registration deed. So, his action by refusing the registration of the deed is justified. You need to file the appeal in the concerned Court for the registration of the deed.

Under Section 71 of the Registration Act, 1908

 Reasons for refusal to register to be recorded

(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.

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

Hope it helps!

 

Regards,

Anusha Singh

 

 

NRV   06 October 2021

'In your case the sub registrar already had the court’s order for the refusal of the registration' madam I am not said court order, its only a legal notice.

Dr J C Vashista (Lawyer)     06 October 2021

The Sub-Registrar can not refuse to register the deed on the basis of a legal notice issued by an advocate without an order passed by competent court of law.

1 Like

Advocate Bhartesh goyal (advocate)     06 October 2021

No, Sub Registrar's decision to refuse to register deed on basis of Advocates notice is arbitrarily. he is bound to register the deed unless court restrained him.

2 Like

G.L.N. Prasad (Retired employee.)     06 October 2021

File RTI Application seeking information for the reasons on the record for rejecting registration.  As informed by experts a Sub-registrar has to reject registration only if there is a competent court order served to him.  If you have purchased registration stamps etc already, file a simple complaint against the sub-registrar in the local District Forum claiming costs and compensation for harassment in not registering the property.   At the same time escalate it to the Ministry as a grievance.

Shashi Dhara   06 October 2021

Issue legal notice to advocate who has issued notice to sub registrar and wait for reply and then proceed.

1 Like

GANDHI MOHAN BHARATI (Pensioner)     06 October 2021

I also wish to know whether a Sub Registrar can call for documents pertaing to properties mentioned in a WILL of an individual who submits the WILL for Registration.

G.L.N. Prasad (Retired employee.)     06 October 2021

Every public authority is bound to issue a Notice to the concerned calling for those documents and mentioning the stipulations in any act that empowers him to demand such documents.  Many authorities take the law into their hands and play games against ignorant to harass them.  If there is such a demand, escalate it as a complaint to District Registrar, as there is no such stipulation to call for such documents stated in a registered will.

2 Like

GANDHI MOHAN BHARATI (Pensioner)     07 October 2021

Thank You M.Prasad


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