PROCEDURE ON EXECUTION / ADMISSION OF DOCUMENT FOR REGISTRATION:

PROCEDURE ON EXECUTION / ADMISSION OF DOCUMENT FOR REGISTRATION:

1. PARTICULARS TO BE ENDORSED ON DOCUMENTS ADMITTED TO REGISTRATION: (SECTION 58)
On every document admitted to registration, other than a copy of a decree or order, or a copy sent to a registering officer under Section 89, there shall be endorsed from time to time the following particulars, namely:
a) The signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign, or agent of any person, the signature and addition of such representative, assign, or agent;
b) The signature and addition of every person examined in reference to such document under any of the provisions of this Act; and
c) Any payment of money or delivery of goods made in the presence of the registering officer in reference to the execution of the document, and any admission of receipt of consideration, in whole or in part, made in his presence in reference to such execution.
► If any person admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register it, but shall at the same time endorse a note of such refusal.

2. ENDORSEMENTS TO BE DATED AND SIGNED BY REGISTERING OFFICER: (SECTION 59)
The registering officer shall affix the date and his signature to all endorsements made under Sections 52 and 58, relating to the same document and made in his presence on the same day.

3. CERTIFICATE OF REGISTRATION:
After such of the provisions of Sections 34, 35, 58, and 59 as apply to any document presented for registration have been complied with, the registering officer shall endorse thereon a certificate containing the word “Registered”, together with the number and page of the book in which the document has been copied.
Such certificate shall be signed, sealed, and dated by the registering officer, and shall then be admissible for the purpose of proving that the document has been duly registered in the manner provided by this Act, and that the facts mentioned in the endorsements referred to in Section 59 have occurred as therein mentioned.

4. ENDORSEMENTS AND CERTIFICATE TO BE COPIED AND DOCUMENT RETURNED: (SECTION 61)
The endorsements and certificate referred to and mentioned in Sections 59 and 60 shall thereupon be copied into the margin of the Register Book, and the copy of the map or plan (if any) mentioned in Section 21 shall be filed in Book No. 1.
The registration of the document shall thereupon be deemed complete, and the document shall then be returned to the person who presented the same for registration, or to such other person (if any) as he has nominated in writing in that behalf on the receipt mentioned in Section 52.

PROCEDURE ON PRESENTING DOCUMENT IN LANGUAGE UNKNOWN TO REGISTERING OFFICER: (SECTION 62)

When a document is presented for registration under Section 19, the translation shall be transcribed in the register of documents of the nature of the original, and, together with the copy referred to in Section 19, shall be filed in the registration office.
The endorsements and certificate respectively mentioned in Sections 59 and 60 shall be made on the original, and, for the purpose of making the copies and memoranda required by Sections 57, 64, 65, and 66, the translation shall be treated as if it were the original.

PROCEDURE ON REFUSAL: (SECTIONS 71–77)

According to Proviso 1 of Section 35 of Registration Act
Where such officer is a Registrar, he shall follow the procedure prescribed in Part XII, Sections 71–77.

1. REASONS FOR REFUSAL TO REGISTER TO BE RECORDED: (SECTION 71)
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—
a) Shall make an order of refusal and record his reasons for such order in his Book No. 2; and
b) Endorse the words “Registration Refused” on the document; and
c) 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. APPEAL TO REGISTRAR AGAINST THE ORDER OF SUB-REGISTRAR: (SECTION 72)
An appeal shall lie within thirty days against an order of a Sub-Registrar refusing to admit a document to registration, and the Registrar may reverse or alter such order:
► Except: Where the refusal is made on the ground of denial of execution.
► If the order of the Registrar directs the document to be registered, 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, provided the document is duly presented for registration within thirty days after the making of such order.

3. APPLICATION TO REGISTRAR WHERE SUB-REGISTRAR REFUSES TO REGISTER ON GROUND OF DENIAL OF EXECUTION: (SECTION 73)
When a Sub-Registrar has refused to register a document on the ground of denial of execution, any person claiming under such document may, within thirty days after the making of the order of refusal, apply to the Registrar to whom such Sub-Registrar is subordinate in order to establish his right to have the document registered.

A. CONTENTS OF APPLICATION:
a) Such application shall be in writing;
b) Shall be accompanied by a copy of the reasons recorded under Section 71; and
c) The statements in the application shall be verified by the applicant in the manner required by law for the verification of plaints.

B. PROCEDURE ON SUCH APPLICATION: (SECTION 74)
On such application, the Registrar shall, as soon as conveniently may be, enquire—
a) Whether the document has been executed;
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 for registration, as the case may be, so as to entitle the document to registration.

C. ORDER TO REGISTER A DOCUMENT: (SECTION 75)
► If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered.
► 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 thereupon shall, so far as may be practicable, follow the procedure prescribed in Sections 58, 59, and 60.
► Such registration shall take effect as if the document had been registered when it was first duly presented for registration.
► The Registrar may, for the purpose of any enquiry under Section 74—
a) Summon and
b) Enforce the attendance of witnesses, and
c) Compel them to give evidence, and
d) He may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and
e) Such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908.

D. FINAL ORDER OF REFUSAL BY REGISTRAR: (SECTION 76)
Every Registrar refusing to register a document shall make an order of refusal and record the reasons for such order in his Book No. 2, and, on application made by any person executing or claiming under the document, shall, without unnecessary delay, give him a copy of the reasons so recorded.
► No appeal lies from any order by a Registrar under this section or Section 72.

4. SUIT IN CASE OF ORDER OF REFUSAL BY REGISTRAR: (SECTION 77)
Where the Registrar refuses to order the document to be registered, under Section 72 or Section 76, any person claiming under such document, or his representative, assign, or agent, may, within thirty days after the making of the order of refusal, institute a suit in the Civil Court.
• Provided that failure to file a suit or the dismissal of a suit filed under this section shall not disentitle a party to any other remedy to which he may be entitled on the basis of the unregistered document.

In case of a decree in favour of the applicant:
The provisions contained in sub-sections (2) and (3) of Section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding anything contained in this Act, the document shall be receivable in evidence in such suit.

CONCLUDING REMARKS:

The procedure for registration under the Registration Act ensures authenticity, transparency, and legal validity of documents affecting property or rights. It provides mechanisms for presentation, admission, denial, and appeal, safeguarding parties against fraud and guaranteeing fair adjudication in case of refusal by registration authorities