What are remedies available against sub registrar in case  of refusal to registration of document? | LekiPedia

1. Introduction 

Under the registration act 1908, a lot of powers have been vested in sub registrar,  because he can refuse to register a document without any reason as well as by pointing  out multiple reasons. In this case each and every person whose registration of document  has been denied by the sub registrar, he can avail different remedies under the light of  registration act 1908. 

2. Relevant provisions 

Section 71 of the registration act 1908 deals with the remedies avail against the sub  registrar.

3. Definition of document 

Document is a piece of written, printed stuff which contains information of the piece of  land and serves as an official record is called document.

4. Definition of remedy 

It is such penalty when injured person is compensated by the sub registrar against refusal  of registration of his document.

5. Appointment of sub registrar 

Under the registration act 1908, the provincial government appoints sub registrar, under  some circumstance the persons appointed as sub registrar are public officers who perform  the duties of registration of the properties. Sub registrar including registrar are  responsible to register the properties but also can refuse to do this. 

6. Remedies against sub registrar 

Following are the remedies available to the aggrieved person against refusal to register his  document by the sub registrar. 

1. Appeal to registrar 

The aggrieved person can make an appeal in writing to Registrar of the District, along with  a copy of refusal order and the document. The appeal can be presented by the appellant  himself by his advocate. The appeal shall be preferred within 30 days from the date of  refusal order. 

2. Law suit in court

The aggrieved person can file a case through the court of law against the sub registrar, along with a copy of refusal order and the document. The advocate of the aggrieved  person will file the case in the court. 

3. Damages  

In registration act 1908, damages is a remedy in the shape of money which is given to  aggrieved person by the sub registrar against his loss after the refusal of the registration  of the document through the court of law.

4. Injunction  

An injunction is also a remedy in registration act 1908, after the submission of application  along with the refusal order by the appellant to the court , court determines the case and  gives order to sub registrar to register the document.

  
7 Reasons of refusal to registration 

Following are the reasons when the sub registrar can refuse to register the document. 

1. Time limit 

If the document is presented after prescribed time, in this case the sub registrar can  refuse to register the document.

  
2. Language of document 

If the language of the document is not understandable which is used in district, in this case  the sub registrar can refuse to register the document.

3. Location of property 

If the location of the property is not situated in the area of sub registrar or his sub district  in this case the sub registrar can refuse to register the document.

4. Minor or lunatic  

If the document is being provided by any minor or by any lunatic, in this case the sub  registrar can refuse to register the document.

5. Stamp duty 

If the stamp duty is unpaid regarding that property whose document is needed to be  registered, in this case the sub registrar can refuse to register the document.

⮚ Case law  

 It was held that the matter of fixation of the price of the value is between the  purchaser and the seller, the seller can sell his property at a price less than the  market rate and purchaser can purchase the property at a price higher than the  market rate. In this case sub registrar is bound to register the property without  making any charges on the property whose stamp duty has been paid.

8. Objectives of remedy 

Following are the objectives of remedy. 

The objectives of remedy are the protection of the person’s property rights. ∙ The primary objective of remedy is to compensate the aggrieved person. 

The secondary objective of remedy is to stop sub registrar to abusive use his powers  ∙ The third objective of the remedy is the satisfaction of the aggrieved person.

9. Conclusion 

To conclude I can say that the sub registrar is an officer who is responsible to register the  documents of the properties of his area under the registration act 1908. He is fully  authorized if he found any discrepancy in the document such as document is presented  for registration after prescribed time or presented by minor, lunatic or any other person  who is not entitled to present it. Mean he can refuse the document to register on  multiple grounds as well as without any reason.