Except in the cases mentioned in 1[sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or
(b) by the representative or assign of such person, or
(c) by the agent of such person, representative or assign, duly authorised by power-ofattorney executed and authenticated in manner hereinafter mentioned.
(1. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”.)
In the principal Act, in section 32, the following Explanation shall be added at the end, namely:--
“Explanation.—For the purpose of this section the term “document” shall include the document presented by an electronic means.”
[Vide Gujarat Act 4 of 2020, s. 3]
Every person presenting any document at the proper registration office under section 32 shall affix his passport size photograph and fingerprints to the document:
Provided that where such document relates to the transfer of ownership of immovable property, the passport size photograph and fingerprints of each buyer and seller of such property mentioned in the document shall also be affixed to the document.]
(1. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).
In section 32-A of the Principal act,--
(1) in sub-section (1)-
(i) the words, "in such areas as may be notified by the State Government," shall be omitted;
(ii) the word photostat" wherever occurring including heading, shall be omitted;
(2) in sub-section (2)-
(i) for the words "photostat copy" the words "true copy" shall be substituted;
(ii) for clauses (b) and (c), the following clause shall be inserted, namely:- " (b) be compared and verified by such official as may be directed by the Registering Officer."
(3) Sub-section (3) shall be omitted.
[Vide Uttarakhand Act 24 of 2014, s.7]
Section 32-B of the Principal Act shall be repealed.
[Vide Uttarkhand Act 24 of 2014, s. 8]
In section 30 of the principal Act sub-section (2) shall be omitted.
After section 32-A of the principal Act, the following section shall be inserted, namely— .
(1) Notwithstanding anything contained in this Act, in such areas as may be notified by the State Government, every document and the translation of the document referred to in section 19, presented for registration shall be accompanied by a true copy thereof ;
(2) The copy referred to in sub-section (1) shall—
(a) not be a carbon copy ;
(b) be neatly and legibly printed, lithographed, typewritten or otherwise prepared on only one side of the paper of such specification as may be notified by the State Government ;
(c) contain a declaration in the manner prescribed by rules under section 69 that the same is a true copy of the document or the translation, as the case may be.
(3) The registering officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true copy thereof as provided in sub-section (1).
(4) The copy shall--
(a) be compared and verified by such official as may be directed by registering officer;
(b) be separately laminated, bound and permanently kept in such manner as may be prescribed by rules under section 69.
(5) In such areas as have been notified under sub-section (1), the provisions of section 32A shall cease to apply:
Provided that a Photostat copy filed before notification under sub-section (1) is issued and not copied in the appropriate book shall be deemed to be a true copy for the purposes of this section and shall be laminated in accordance with the procedure laid down in this section:
Provided further that if the Photostat copy already filed is dim or has otherwise become illegible, the registering officer shall, with the prior approval of the registrar, require the party concerned to deliver the document to him for getting its copy prepared for lamination, and if the party concerned informs him that the document has been lost or destroyed, the photostat copy available in the registering office shall be copied in the appropriate book.
(6) Where the provisions of this section apply, the sections mentioned below shall be deemed to be modified as follows:--
(a) in section 52, in sub-section (1),--
(i) in clause (a), after the words "every such document" the words "alongwith the true copy thereof" shall be inserted;
(ii) for clause (c), the following clause shall be substituted, namely:--
"(c) subject to the provisions contained in section 62, every true copy shall, without unnecessary delay be verified from the document admitted to registration, be laminated and placed in the proper book for being bound and kept permanently in the book appropriate for the document admitted to registration according to the order of its admission."
(b) in section 55, after sub-section (6), the following sub-section shall be inserted, namely, —
"(7) The indexes prepared under this section shall be laminated and bound in such manner as may be prescribed by rules under section 69."
(c) in section 58, in sub-section (1), after the words "admitted to registration" the words "and true copy thereof" shall be inserted;
(d) in section 60, in sub-section (1), for the words "the document has been copied" the words "the laminated true copy thereof has been bound and kept" shall be substituted;
(e) in section 62, in sub-section (1), for the words "the translation shall be transcribed" the words "the true copy of the translation shall be laminated, bound and kept shall be substituted;
(f) in section 69, after clause (hh-2), the following clauses shall be inserted, namely--
"(hh3) regulating the manner in which the true copy of the document and of the translation under section 19 shall be prepared and the form of declaration required under sub-section (2) of section 32B;
(hh4) regulating the manner and procedure for lamination of true copies, the books in which they shall be kept for record, keeping such records and preservation thereof, grant of licence for lamination and matters connected therewith including the rate of fees for laminating the copies, and seating arrangement for the licensees."
[Vide Uttar Pradesh Act 27 of 1994, s. 5]
(1) For the purposes of section 32, the following powers-of-attorney shall alone be recognized, namely:—
(a) if the principal at the time of executing the power-of-attorney resides in any part of 1 [India] in which this Act is for the time being in force, a power-of-attorney executed before and authenticated by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 2 [resides in any part of India in which this Act is not in force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 3 [India], a power-of-attorney executed before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 4 [Indian] Consul or Vice-Consul, or representative 5*** of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this section, namely:—
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in Court.
6 [Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be, if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without further proof when it purports on the face of it to have been executed before and authenticated by the person or Court hereinbefore mentioned in that behalf.
(1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.)
(2. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “resides in any other part of the States”.)
(3. Subs. by s. 3, ibid., and the Schedule, for “the State”.)
(4. Subs. by the A.O. 1950, for “British”.)
(5. The words “of His Majesty or” omitted, ibid.)
(6. Ins. by Act 3 of 1951, s. 3 and the Schedule.)
(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 SubRegistrar, 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.
In the principal Act, in section 34,--
(i) after sub-section (1), the following sub-section shall be inserted, namely:--
“(1A) The registering officer may refuse to accept the non-testamentary documents relating to immovable property mentioned in sub-section (1) of section 17, if they are not accompanied by the—
(a) proofs of identify of executing and claiming parties and witnesses;
(b) proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is so be registered;
(c) sign or thumb impression/finger print (if the person is unable to sign) of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration;
(d) proof that the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the principal.”;
(ii) the following Explanation shall be added at the end, namely:-
“Explanation.---For the purpose of this section the term “document” shall include the document presented by an electronic means.”.
[Vide Gujarat Act 4 of 2020, s. 4]
(1) (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the person they represent themselves to be, and if they all admit the execution of the document, or
(b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or
(c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in sections 58 to 61 inclusive.
(2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office.
(3) (a) If any person by whom the document purports to be executed denies its execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution, the registering officer shall refuse to register the document as to the person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:
1 [Provided further that the2 [State Government] may, by notification in the3 [Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]
(1. Ins. by Act 13 of 1926, s. 2.)
(2. Subs. by the A.O. 1950, for “Provincial Government”. 3)
(3. Subs. by the A.O. 1939, for “Local Official Gazette”.)
(l) In the principal Act, in section 35,the following Explanation shall be added at the end, namely:-
“Explanation.- For the purpose of this section the term “document” shall include the document presented byanelectronicmeans.”.
[Vide Gujarat Act 4 of 2020, s. 5]
