Section 73 of the Registration Act, 1908: Application to Registrar on Denial of Execution
Section 73 provides a statutory remedy where a Sub-Registrar refuses to register a document because its execution is denied by a person shown as executing it, or by that person's representative or assign. The person claiming under the document can approach the superior Registrar within the prescribed time.
Text and meaning of Section 73
Section 73(1): Right to apply
When a Sub-Registrar refuses registration because a person purporting to execute the document, or that person's representative or assign, denies execution, a person claiming under the document, or the claimant's representative, assign or duly authorised agent, may apply to the superior Registrar within thirty days after the order of refusal to establish the right to registration.
Section 73(2): Form and verification
The application must be in writing, accompanied by a copy of the reasons recorded under Section 71, and its statements must be verified in the manner required by law for verification of plaints.
What constitutes denial of execution?
Execution generally concerns whether the purported executant actually executed the document. The Registrar's statutory inquiry under Section 74 focuses on proof of execution and compliance with registration requirements; it is not a general trial of every dispute about title or contractual rights.
Who may submit the application?
Section 73 expressly permits a person claiming under the document, or that person's representative, assign or duly authorised agent, to seek registration. The application must be made to the Registrar having supervisory jurisdiction over the Sub-Registrar who refused registration.
Procedure after refusal of registration
- Obtain the refusal reasons: Section 71 requires the Sub-Registrar to record the reasons for refusal, subject to its statutory terms.
- Observe the 30-day deadline: Calculate the application period from the making of the refusal order, not from a later informal communication.
- Prepare a written and verified application: Identify the document, parties, registration office, refusal order and circumstances proving execution; attach a copy of the Section 71 reasons.
- Provide supporting evidence: Relevant evidence may include the original document, attesting or identifying witnesses, signatures and other material bearing on execution, as appropriate.
- Attend the inquiry: The Registrar considers the statutory issues under Section 74 and passes an order in accordance with Sections 75 or 76.
Registrar's inquiry under Section 74
The Registrar must inquire whether the document was executed and whether the applicant or person presenting it complied with the applicable legal requirements so as to be entitled to registration. Under Section 75(4), the Registrar can summon witnesses, enforce their attendance and compel evidence as provided by that subsection.
When registration is ordered: Section 75
If satisfied as to execution and legal compliance, the Registrar shall order registration. The document must be duly presented for registration within 30 days after that order. Subject to Section 75, registration then takes effect as if it had occurred when the document was first duly presented.
If the Registrar refuses: Sections 76 and 77
Section 76 governs the Registrar's recorded refusal and provides that no appeal lies from an order under that section or Section 72. Where the statutory conditions under Section 77 are met, a person claiming under the document, or an authorised person mentioned there, may institute a civil suit seeking a decree directing registration within 30 days after the Registrar's refusal order. A document covered by the decree must also be presented within the prescribed period after the decree.
Section 72 compared with Section 73
Section 72 concerns an appeal against refusal for a ground other than denial of execution. Section 73 provides an application, rather than the Section 72 appeal, when execution itself has been denied. The applicable route depends on the actual ground recorded in the refusal order.
Practical points
Preserve the refusal order, proof of presentation and available execution evidence. Requirements relating to stamp duty, registration fees, presentation, identity and local registration rules may also need attention. State amendments and rules should be checked for the location of the registration office.
Official legal source
Read the Registration Act, 1908 (India Code, official text), particularly Sections 71 to 77. The text and procedure are subject to applicable state amendments and rules.