Daily Email Newsletter (Sign-up Free)

Section 34 Registration Act 1908: Enquiry before registration by registering officer

Section 34 (Enquiry before registration by registering officer) under Part VI (Of Presenting Documents for Registration) of the Registration Act, 1908 —

❝(1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:

 Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.

(2) Appearances under sub-section (1) may be simultaneous or at different times.

(3) The registering officer shall thereupon—
 (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed;
 (b) satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and
 (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear.

(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub- Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.

(5) Nothing in this section applies to copies of decrees or orders.❞



..............................................................

Notes:

The Registration Act, 1908 (Act No. 16 of 1908) was amended by:

01. The Decentralisation Act, 1914 (Act No. 04 of 1914);
02. The Destruction of Records Act, 1917 (Act No. 05 of 1917);
03. The Indian Registration (Amendment) Act, 1917 (Act No. 15 of 1917);
04. The Indian Registration (Amendment) Act, 1920 (Act No. 38 of 1920);
05. The Indian Registration (Amendment) Act, 1926 (Act No. 13 of 1926);
06. The Indian Registration (Amendment) Act, 1927 (Act No. 02 of 1927);
07. The Repealing and Amending Act, 1927 (Act No. 10 of 1927);
08. The Indian Registration (Amendment) Act, 1929 (Act No. 15 of 1929);
09. The Transfer of Property (Amendment) Supplementary Act, 1929 (Act No. 21 of 1929);
10. The Government of India (Adaptation of Indian Laws) Order, 1937;
11. The Repealing Act, 1938 (Act No. 01 of 1938);
12. The Indian Registration (Amendment) Act, 1940 (Act No. 33 of 1940);
13. The Indian Registration (Amendment) Act, 1948 (Act No. 39 of 1948);
14. The Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948;
15. The Adaptation of Laws Order, 1950;
16. The Part B States (Laws) Act, 1951 (Act No. 03 of 1951);
17. The Indian Registration (Amendment) Act, 1956 (Act No. 17 of 1956);
18. The Indian Registration (Amendment) Act, 1969 (Act No. 45 of 1969);
19. The Delegated Legislation Provisions (Amendment) Act, 1983 (Act No. 20 of 1983);
20. The Registration and Other Related Laws (Amendment) Act, 2001 (Act No. 48 of 2001).

No comments:

Post a Comment

In comment with "Name/Url" option, only Name is mandatory to be filled.