Registration Act, 1908 / Part XII - Of Refusal to Register

Section 71 of the Registration Act, 1908: Reasons for Refusal to Register

Section 71 requires a Sub-Registrar who refuses registration to record the reasons, make a formal order and endorse the document. It also safeguards the right of the executant or a person claiming under the document to obtain the recorded reasons without payment or unnecessary delay.

Section 71: Reasons for refusal to register to be recorded

Sub-section (1). Every Sub-Registrar who refuses to register a document, except where the ground of refusal is that the property concerned is outside the Sub-Registrar's sub-district, must make an order of refusal, record the reasons for that order in Book No. 2, and endorse the words "registration refused" on the document. If a person executing the document, or claiming under it, applies for a copy of those reasons, the Sub-Registrar must supply it without payment and unnecessary delay.

Sub-section (2). Once a document bears the endorsement "registration refused", no registering officer may accept it for registration unless and until registration is directed under the subsequent provisions of the Act.

What Section 71 means in practice

1. A reasoned order is required

A refusal covered by Section 71 cannot be left as an informal oral objection. The Sub-Registrar must issue an order and enter its grounds in Book No. 2, the register of reasons for refusal to register. The statutory exception concerns refusal solely because the property is not situated within the Sub-Registrar's territorial sub-district. Other legal requirements, including presentation, execution and identification, continue to be governed by the relevant provisions of the Act and applicable State rules.

2. Endorsement on the document

The endorsement "registration refused" records the outcome on the instrument itself. The document cannot simply be presented again to another registering officer for ordinary registration while that endorsement remains operative. A direction under the statutory remedy procedure is required.

3. Free copy of recorded reasons

An executant is a person who executes or signs the instrument. A person claiming under it is someone asserting a right or benefit through the instrument. Either may apply for a copy of the recorded reasons. Section 71 expressly prohibits charging for that copy and requires supply without unnecessary delay. The copy is important for identifying the correct remedy and the applicable limitation period.

Remedies when registration is refused

The procedure depends on why registration was refused. Part XII distinguishes refusal on a ground other than denial of execution from refusal because execution is denied:

Section 72 - Appeal: where the Sub-Registrar refuses on a ground other than denial of execution, an appeal generally lies to the Registrar within 30 days of the refusal order, subject to the Act.
Section 73 - Application: where refusal is based on denial of execution, a person claiming under the document or the representative, assign or agent may apply to the Registrar to establish the right to registration, generally within 30 days of the refusal order.
Sections 74 and 75 - Inquiry and direction: the Registrar considers the prescribed questions and, where satisfied, can direct registration in accordance with the Act.
Sections 76 and 77 - Further refusal and suit: if the Registrar refuses, a civil suit seeking a decree directing registration may be available within 30 days after the relevant refusal order, subject to Section 77.

These routes are not interchangeable. The exact ground recorded in Book No. 2, the facts, the applicable State amendments and the time limits must be checked before proceeding.

Frequently asked questions

Can a Sub-Registrar refuse registration orally?

Where Section 71 applies, the law requires a formal refusal order, reasons recorded in Book No. 2 and an endorsement on the document.

Is a fee payable for the reasons for refusal?

No. Section 71(1) requires a copy of the recorded reasons to be supplied, on the specified person's application, without payment and unnecessary delay.

Can the refused document be registered at another office?

Not merely by presenting it again. Under Section 71(2), a document endorsed "registration refused" cannot be accepted until registration is directed under the subsequent statutory provisions.

Does Section 71 apply to territorial-jurisdiction refusal?

Its requirement to record a refusal order and reasons expressly excludes refusal on the ground that the relevant property is not situated within the Sub-Registrar's sub-district.

Official legislation and related provisions

Consult the current text of the Registration Act, 1908 on India Code and the Legislative Department. Registration is administered under State-specific rules and amendments, which should also be checked for the place where the instrument is presented.

This article explains the central statutory framework; State amendments, registration rules and judicial decisions may affect individual cases.