AAP Tax Law - Indian law and legal resources

Section 75 of the Registration Act, 1908: Order by Registrar to Register and Procedure

Section 75 of the Registration Act, 1908 governs what follows when the Registrar, after examining a denial of execution, finds that the document was executed and that the legal requirements for registration have been met. It provides for an order directing registration, a 30-day period for presenting the document after that order, the effective date of registration and powers relating to evidence and enquiry costs.

Text and meaning of Section 75

Section 75(1): Order directing registration

If the Registrar finds that the document has been executed and that the requirements of law referred to in Section 74 have been complied with, the Registrar shall order the document to be registered. The decision follows an enquiry into execution and compliance with the legal requirements for registration.

Section 75(2): Presentation within 30 days

Once the Registrar makes the order, the document must be duly presented for registration within 30 days after the order. On such presentation, the registering officer must comply with the order and, as far as practicable, follow the procedures prescribed by Sections 58, 59 and 60.

  • Section 58: particulars to be endorsed on documents admitted to registration, including prescribed particulars concerning persons and admissions.
  • Section 59: dating and signing of endorsements by the registering officer.
  • Section 60: certificate of registration and its signing, sealing and dating.

See the related provisions on Section 58 and Sections 59 and 60.

Section 75(3): Effect of registration

Registration carried out under this provision takes effect as if the document had been registered when it was first duly presented for registration. This statutory treatment of the registration date should not be confused with the separate rules concerning when a registered document operates, including Section 47 of the Act.

Section 75(4): Witnesses, evidence and enquiry costs

For an enquiry under Section 74, the Registrar may summon witnesses, enforce their attendance and compel them to give evidence as if the Registrar were a civil court. The Registrar may also direct who must pay all or part of the enquiry costs. Those costs are recoverable as though awarded in a suit under the Code of Civil Procedure, 1908.

How the procedure works

  1. Refusal on denial of execution: Where the Sub-Registrar refuses registration because execution is denied, the claimant may apply to the Registrar under Section 73, generally within 30 days of the refusal order.
  2. Enquiry: Under Section 74, the Registrar enquires whether execution occurred and the requirements for registration have been met. Section 74 also applies where execution is denied before the Registrar in respect of a document presented directly to that officer.
  3. Order: If satisfied on both points, the Registrar orders registration under Section 75(1).
  4. Presentation: The document must be duly presented within 30 days of the order for registration under Section 75(2).
  5. Completion: The registering officer follows Sections 58 to 60 as far as practicable. The registration takes effect under Section 75(3) as if completed on the first due presentation.

What happens if the Registrar refuses?

Where the Registrar refuses to direct registration, Section 76 requires a reasoned refusal to be recorded in the prescribed register, subject to its terms. Section 77 provides for a civil suit seeking a decree directing registration, ordinarily within 30 days after the Registrar's refusal. This is distinct from the 30-day period for presenting a document after a favourable Section 75 order.

Important practical points

Retain the original refusal order, the Registrar's order, the document and evidence relating to its execution. Check the date of the Registrar's order carefully: the 30-day presentation requirement in Section 75(2) is important. Applicable State amendments, registration rules, stamp requirements and local procedures should also be checked for the property and registration office concerned.

Official legal reference

Read the Registration Act, 1908 on India Code (official text). The explanation above follows the central provision; State-specific amendments and rules may affect local practice.