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2012 Supreme(Bom) 1943
Bombay High Court
ROSHAN DALVI, J.
Deep Apartment CHS Ltd.
Vs
The State of Maharashtra & Ors.
Decided on: 10.10.2012
The main legal point established in the judgment is that the Registering Authority's role is limited to verifying the execution of the document and the identity of the parties involved, and it need not concern itself with the title of the vendor, as that falls under the jurisdiction of a Civil Court.
Headnote:
Registration of Conveyance - Maharashtra Cooperative Societies Act - Transfer of Property Act, Section 7 & 54, Indian Contract Act, Section 11, Indian Evidence Act, Section 11, Indian Registration Act, Section 34 - The judgment discusses the refusal to register a conveyance executed by a private limited company and a cooperative housing society of flat purchasers. It highlights the provisions of various legislations including Sections 7 & 54 of the Transfer of Property Act, Section 11 of the Indian Contract Act, and Section 11 of the Indian Evidence Act, as well as Section 34 of the Indian Registration Act. The court emphasizes the procedural aspects of presenting documents for registration and the authority's role in verifying execution and identity of the parties involved.
Fact of the Case:
The writ petition challenges the refusal to register a conveyance executed by a private limited company and a cooperative housing society of flat purchasers under the Maharashtra Cooperative Societies Act. The Registering Authority and the Appellate Authority cited non-compliance with various provisions of legislations. The court emphasizes the procedural requirements for presenting documents for registration and the authority's role in verifying execution and identity of the parties involved.
Finding of the Court:
The Registering Authorities misdirected themselves by considering provisions of various legislations in respect of the procedural aspect of registering a document. The court emphasizes that registration entails only the fact that the executants or their agents attended before the Registrar and admitted the execution of the document. The court quashes the impugned orders and directs the Registering Authority to register the Deed of Conveyance within 4 months from the date of the judgment.
Issues: The issues revolve around the refusal to register a conveyance, citing non-compliance with various provisions of legislations and the misdirection of the Registering Authorities in considering the procedural aspect of registering a document.
Ratio Decidendi: The court emphasizes that registration entails only the fact that the executants or their agents attended before the Registrar and admitted the execution of the document. The court also highlights that the Registering Authority need not concern itself with the title of the vendor, as it is the duty of a Civil Court to go into the question of title upon being challenged.
Final Decision: The impugned orders are quashed, and the Registering Authority is directed to register the Deed of Conveyance within 4 months from the date of the judgment. The court also calls upon the vendor's representative to remain present in Court and identifies himself.
ROSHAN DALVI, J.
1. Rule made returnable forthwith.
2. This writ petition challenges the orders of the Registering Authority and the Appellate Authority refusing to register a conveyance executed by and between a private limited company which was the builders of the building and the cooperative housing society of flat purchasers which has been registered under the Maharashtra Cooperative Societies Act. The order of refusal sets out various provisions of various legislations which are claimed not to have been complied. These are inter alia Sections 7 & 54 of the Transfer of Property Act, Section 11 of the Indian Contract Act and Section 11 of the Indian Evidence Act as also Section 34 of the Indian Registration Act. The order further refers to Section 72(3) of the Maharashtra Registration Manual, Part II which requires compliance with Sections 19 to 26 and 33 to 35(b) of the Indian Registration Act.
3. The Registering Authority is required to register the document executed by the parties to present themselves before the Registering Authority and admit execution thereof. Consequently under the Indian Registration Act the following provisions would have to be complied for undertaking that procedure, the relevant part of which run thus :
PART VI OF PRESENTING DOCUMENTS FOR REGISTRATION
32. Persons to present documents for registration. Except in the cases mentioned in 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 a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power of attorney executed and authenticated in manner hereinafter mentioned.
34. Enquiry before registration by registering officer.
(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 authorized 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 subsection (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.
35. Procedure on admission and denial of execution respectively.—
(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 hi
