The "execution" of a document does not stand admitted merely because a person admits to having signed the document - In a situation where an individual admits their signature on a document but denies its execution, the Sub-Registrar is bound to refuse registration

Veena Singh (D) vs District Registrar/Additional Collector (F/R) | 2022 LiveLaw (SC) 462 | CA 2929 of 2022 | 10 May 2022 Coram: Justices DY Chandrachud, AS Bopanna and Bela M. Trivedi Counsel: Sr. Adv Pradeep Kant for appellant, Sr. Adv V K Shukla for respondent Headnotes Registration Act, 1908 ; Section 35 - The "execution" of a document does not stand admitted merely because a person admits to having signed the document - In a situation where an individual admits their signature on a document but denies its execution, the Sub-Registrar is bound to refuse registration in accordance with Sections 35(3)(a). (Para 57,64) Constitution of India, 1950 ; Article 226 - An order of the Registrar directing the registration of a document is amenable to a challenge under Article 226 of the Constitution - The mere existence of the remedy available before a civil court, under Section 9 of the CPC to avoid the document or to seek a declaration in regard to its invalidity, will not divest a person, who complains that the order passed by Registrar for the registration of the document was contrary to statutory provisions, of the remedy which is available in the exercise of a court's writ jurisdiction under Article 226 of the Constitution. (Para 30) Registration Act, 1908 ; Section 72 - If a person by whom the document is purported to be executed denies its execution and registration is refused on those grounds, an appeal against the order of the Sub-Registrar denying execution would not be maintainable under Section 72 of the Registration Act. (Para 33) Registration Act, 1908 ; Section 72,73 - Mis-labelling of an application under Section 73 as an appeal under Section 72 would by itself not vitiate the proceedings before the Registrar. (Para 38) Registration Act, 1908 ; Section 35, 73,74 - While the Sub-Registrar under Section 35(3)(a) has to mandatorily refuse registration when the execution of a document is denied by the person purported to have executed the document, the Registrar is entrusted with the power to conduct an enquiry on an application under Section 73 by following the procedure under Section 74. (Para 35)