Registration Act, 1908:
ss. 35, 72, 73, 74 – Execution and registration of sale deed –
Agreement to sell certain land between the appellant and the second
respondent – Execution of sale deed by the appellant in favour of
second respondent, however, during registration of said sale deed,
the appellant denied its execution – However, no denial on the part
of the appellant in signing the sale deed and having placed her
thumb impressions/fingerprints on the documents – Appellant also
asserted commission of fraud and undue influence by the second
respondent – Refusal of registration of the sale deed by the Sbregistrar in terms of s. 35(3)(a) – However, in appeal u/s. 72, the
District Registrar ordered registration of the sale deed – Said order
upheld by the High Court – On appeal, held: Sub-Registrar having
specifically denied registration in terms of s. 35(3)(a), the order
was not amenable to an appeal u/s. 72, however, the Registrar, in
the course of entertaining the appeal, instead took recourse to the
powers entrusted u/s. 73 – Mis-labelling of an application u/s. 73
as an appeal u/s. 72 would by itself not vitiate the proceedings
before the Registrar – Execution happens when a person’s signature
on the document is accompanied by their full consent to the contents
of the document, which they have understood before signing it –
“Execution” of a document does not stand admitted merely because
a person admits to having signed the document – Thus, admission
of one’s signature on a document is not equivalent to admission of
its execution – High Court conflated the mere signing of the sale
deed with its execution – Such an approach is completely erroneous
and cannot be upheld – Thus, the order of the Single Judge of the
High Court and that of the District Registrar set aside. ss. 35, 72-77 – Power of the Sub-Registrar/Registrar and their
procedures under – Explained.
Words and phrases: Expression ‘execution’ – Meaning of, in
context of the Registration Act, 1908.