RA is bound to register the document
A conjoint reading of Sections 17, 18, 32, 34 and 35 enjoins to the clear inference that upon a document, which is compulsorily registerable as provided u/s 17, the registering authority, upon satisfying himself that the document is presented by the proper person and being satisfied with the same as per the provision provided u/s 34 is bound to admit the document for registration, unless contrary to the aforesaid provisions unfolds, which alone could cause the registering authority to deny execution of the document, says the Supreme Court (SC) in Satya Pal Anand v State of Madhya Pradesh & Others.
RA cannot make a roving enquiry as to title
The Registering Authority cannot embark upon a roving enquiry to find out the legality and veracity of the document placed before him for registration nor could he evaluate the title to the property. The evaluation of the registering authority can only be to the extent of reassuring himself that all the documents, which are prescribed under the Registration Act have been placed before him for the purpose of registration of the document.
The Registering Authority, having not been vested with quasi-judicial power, but only with administrative power, cannot decide as to whether a document presented for registration is executed by a person having valid title or not.
RA cannot cancel a registered document
The registering authority has no power to desist from registering a document, once it is submitted to him along with the necessary documents, which are mandated under the Registration Act.
Once the document is properly registered, the registering authority, in the absence of any express provision under the Registration Act or the Rules, is not competent to cancel the registered document.
Registration Officer can cancel in impersonation
A registered document can be cancelled by the registering authorities only in case of false impersonation, says the High Court of Kerala in Mary Mohan Chacko v Inspector General [ 2024/KER/18143]..
As per Section 83A, a registered document could be cancelled by the the Inspector General of Registration only on finding that someone has falsely personated another, and in such assumed character presented, admitted the execution and got registered any document by a registering officer and the existence of such a document is detrimental to the interest of another person, says the High Court of Kerala
Kerala High Court in Sivadasan v Sub Registrar, Malappuram & Others [2019 (2) KLT On Line 2095] stated that once a document was registered, the registering authority cannot cancel its registration even if some irregularity was committed during its registration and a competent civil court alone has jurisdiction to decide regarding the validity of a will challenged on such irregularities.
References
- Satya Pal Anand v State of Madhya Pradesh & Others
- Mary Mohan Chacko v Inspector General [ 2024/KER/18143
- Sivadasan v Sub Registrar, Malappuram & Others [2019 (2) KLT On Line 2095]
