OF REFUSAL TO REGISTERCentral

Section 74 of The Registration Act, 1908

In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, 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.

Summary

This provision explains what the Registrar must do after receiving an application about a denied signature.
The Registrar must conduct an inquiry as soon as it is convenient to do so.
The inquiry must determine whether the document was actually signed or executed.
The Registrar also checks if the applicant has followed all other legal requirements for registration.
This procedure applies to applications sent from a Sub Registrar's office.
It also applies if a person denies signing a document directly in front of the Registrar during an initial presentation.

Practical examples

1After Anita files her claim in 2024, the Registrar sets a date under Section 74 to look at the shop deed. The Registrar checks the signature against Vikram's passport to see if he really signed the paper.

2In October, a Registrar is asked to register a debt agreement, but the borrower says it is a fake. The Registrar immediately starts an inquiry under Section 74 to see if the legal rules for presenting the document were met.

FAQ

1. What does a Registrar investigate under Section 74 of The Registration Act, 1908?

Under Section 74 of The Registration Act, 1908, the Registrar investigates if the document was executed and if the legal requirements for registration were met.

2. Does the Registrar check anything other than the signature under Section 74 of The Registration Act, 1908?

Yes, Section 74 of The Registration Act, 1908 requires the Registrar to check if the applicant has complied with all legal requirements to entitle the document to registration.

Test yourself

Q1.Under Section 74 of The Registration Act, 1908, what is the first thing the Registrar must enquire about?

Q2.Besides execution, what else must the Registrar verify under Section 74 of the Registration Act?

Q3.When must the Registrar perform the enquiry mentioned in Section 74 of The Registration Act, 1908?

Q4.Under Section 74 of the Registration Act, where can the denial of execution happen to trigger this inquiry?

73PreviousSection 73 Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution.75NextSection 75 Order by Registrar to register and procedure thereon.

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