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Thread: Can a sub-registrar, without assigning any reason, refuse register a document?

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    Word Icon 35px Jpg.ashx Can a sub-registrar, without assigning any reason, refuse register a document?

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    what is the remedy against his order. (2001)
    1. Introduction:

    Sub-registrar can refuse to register a document in account of various grounds. under the registration act he can also refuse to register a document without assigning any reason. a person whose registration has been refused can avail himself different remedies available under the registration act.
    2. Relevant provisions:
    Sec. 71 registration act.
    3. Reasons for refusal to register to be recorded:
    Every sub-registrar refusing to register a document except on the ground that the property to which it relates is not situated within his sub-district, shall make an order of refusal and record his reason for such order in his book and endorse the word "Registration Refused" on the document and on application may by any person executing or claiming under the document shall without payment and necessary delay give him a copy of the reasons so recorded. No registering officer shall accept for registration a document so endorsed unless and until, under the provisions here in after contained the document is directed to be registered.
    Case law
    1995 CLC 187

    Fixation of valuation of the property was exclusively a matter between vendor and vendee can sell his property at a price less than market value similarly vendee can purchase and property at a higher rate than market price. sun-registrar would be bound to register an instrument containing agreed, price therein provided the same had been property stamped.
    4. Remedy against the order of sub-registrar:
    If sub-registrar refused to register a document on the ground that the property is not situated within his area, there is no remedy against the order of the sub-registrar.
    5. Appointment of registrars and sub-registrar:
    The provincial government may appoint such persons, whether public officers or not as it thinks property, to be registrars of the several districts and to be sub-registrars of the several sub-district formed as aforesaid respectively.
    6. Review:
    A registrar has no power under this act to review his orders.
    7. Remedy against registrar's order under specific relief:
    Remedy against registrar under specific relief act can be availed by aggrieved person.
    8. Conclusion:
    To conclude I can say that sub-registrar is registration officers. he registers document in his specified area. under the registration act he can refuse to register a document without assigning any reason if the property is not within his area. the registration act does not provide any remedy against such order of sub-registrar.

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