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LEGAL CHAT
The registration process
N.C.S. RAGHAVAN ARAVIND RAGHAVAN
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Documents can be presented for registration at a residence in exceptional circumstances
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Matters relating to place of registration, the persons eligible to present the document for registration, the appearance of executants of the document before registration authorities for admitting execution and the enquiry to be made by the registering authority to accept the document for registration are discussed below.
Every document which is compulsorily registrable as indicated in Section 17 of the Indian Registration Act, 1908 (referred to as the Act) can be registered with the registering authority i.e., the Sub-Registrar having territorial jurisdiction over the place where the relevant immovable property or any part thereof is located.
A Registrar also can take up such a document for registration. In respect of other documents where registration is only optional and not compulsory, such documents can be registered with any registering authority having jurisdiction over the place where the document was executed or with any other registering authority as may be desired by the executants of the document.
Section 31 of the Act provides that normally documents for registration shall be presented only at the office of the registering authority. However, the section provides that if there are special causes and reasons for any party to the document to have the document presented for registration at his/her residence, the registering authority is empowered to accept such document for registration at the residence of such a party. This provision enables invalid and disabled persons to have the documents presented for registration at their own residences.
Section 32 of the Act identifies persons who can present the document for registration (whether it is compulsorily registrable or not) as follows:
Any executant of the document or claiming under the document, the representative or assignee of such person or an agent of such a person duly authorised by a power of attorney executed as per the legal procedure laid out under the law.
It is to be noted that there are two important legal formalities to be carried out by the parties to a document seeking registration. The first one is formally presenting the document for registration, for the registration authority to proceed with the formalities for completing the registration. This Section deals only with the formal presentation of the document for registration. The second most important legal formality to be observed by the parties to a document is the physical presence of all the executants of the document by themselves or the presence of duly authorised power attorney holders as per law, to formal admit execution of the document. This aspect is dealt with by Section 34 and Section 35 of the Act (which are discussed later on).
Power of attorney
For the purposes of presenting the document for registration as mentioned above in Section 32 of the Act, a duly authorised power of attorney of any eligible person can also present the document for registration. In this regard, Section 33 of the Act deals with matters relating to the appointment of such a power of attorney which are as follows.
Where the principal party who appoints the power of attorney resides in any part of India (in which this Act is in force), then, a power of attorney is executed before any registering authority and authenticated by such authority within whose jurisdiction the principal party resides. Where the party resides in any area in which this Act is not in force, the power of attorney shall be executed before any Magistrate having jurisdiction over the place of residence of the principal party.Where the principal party resides anywhere outside India, the power of attorney shall be executed before and authenticated by a Notary Public or any Court, Judge, Magistrate, Indian Consular or Vice Counsel or representative of the Central Government.
In all the above cases, the principal party shall be physically present, except in cases where due to any physical infirmity theparty is not able to personally attend or where the principal party is jailed under any civil or criminal process or where the law exempts such principal person from being present physically.
In these cases, the registration authority shall satisfy himself as to the correctness and genuineness of the signatures affixed on the documents by such principal parties who are not physically present. For the purposes of the aforesaid verification, the registering authority has powers and authority to meet and examine on oath such principal parties and ascertain the genuineness and correctness of their signatures. The registering authority has the option also to examine such principal party on oath through a competent legal officer or authority sent on commission to carry out such enquiry.
When a power of attorney is executed by a principal party before and authenticated by such authority as mentioned above, such power of attorney becomes a legally valid document for all purposes of registration of the document originally executed by the principal party and the registering authority will accept the same as such.
(N.C.S. Raghavan is a chartered accountant and Arvind Raghavan, an advocate)
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