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VEENA SINGH (DEAD) THROUGH LR vs. THE DISTRICT REGISTRAR/ADDITIONAL COLLECTOR (F/R) AND ANOTHER

SCR Citation: [2022] 3 S.C.R. 736
Year/Volume: 2022/ Volume 3
Date of Judgment: 10 May 2022
Petitioner: VEENA SINGH (DEAD) THROUGH LR
Disposal Nature: Appeal Allowed
Neutral Citation: 2022 INSC 544
Judgment Delivered by: Honble Dr. Justice D.Y. Chandrachud
Respondent: THE DISTRICT REGISTRAR/ADDITIONAL COLLECTOR (F/R) AND ANOTHER
Case Type: CIVIL APPEAL /2929/2022
Order/Judgment: Judgment
1. Headnote

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.

2. Case referred
3. Act
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4. Keyword
  • Registration Act
  • 1908: ss. 35
  • 72
  • 73
  • 74
5. Equivalent citation
    Citation(s) 2022 (8) SCALE 189