IMPORTANT POINT
The Registering Officer must assess the health condition of individuals unable to appear for registration and ensure compliance with statutory provisions for registration at private residences.

JUDGMENT :

Kauser Edappagath, J.

The petitioner is a Parkinson's Plus Syndrome-Multi System Atrophy affected patient whose both hands are stiff and always remain folded inside and is unable to hold anything with her hands. She owns immovable properties in Tripunithura. She wanted to execute and register a Will and a Power of Attorney at her private residence. Accordingly, she prepared Ext.P3 Power of Attorney and Ext.P4 Will and submitted them before the respondent for registering the same at her private residence. She has also paid the requisite registration fee, as evidenced by Exts.P5 and P6. The respondent came to the residence of the petitioner to register Exts.P3 and P4. However, he refused to admit the documents and register the same for the reason that she was unable to fix the signature or mark in Exts.P3 and P4. This writ petition has been filed to direct the respondent to admit and register Exts.P3 and P4 documents, in accordance with law.

2. The respondent has filed a statement. He has also produced the report prepared and sent by him to the District Registrar as per Rule 52 of the Registration Rules stating reasons for not registering the documents as Annexure R1(a).

3. I have heard Sri.M.S.Unnikrishnan, the learned counsel appearing for the petitioner and Sri.B.Syamanthak, the learned Government Pleader.

4. In ordinary cases, the acceptance for registration of documents or deposit of Wills shall be made only at the Registration Office. But in the case of persons referred to in the proviso to Sections 31, 33(1) and 38, the Registering Officer may attend at a private residence for the purpose of accepting or recording the admission of execution of a document or for accepting for deposit a sealed cover containing a Will or for attesting a power-of-attorney or accepting an application for cancellation of a power-of-attorney. Section 31 of the Act, 1908 which deals with registration or acceptance for deposit of documents at private residence reads thus:

“31. Registration or acceptance for deposit at private residence – In ordinary cases the registration or deposit of documents under this Act, shall be made only at the office of the officer authorised to accept the same for registration or deposit.

Provided that such officer may, on special cause being shown attend at the residence of any person desiring to present a document for registration or to deposit a will, and accept for registration or deposit such document or will.”

Going by the provisions of Section 31, Registering Officer may, on special cause being shown, attend at the residence of any person desiring to present a document or to deposit a Will for registration and accept such document or Will for the purpose of registration. Rule 50 of the Registration Rules (Kerala) provides that the Registering Officer shall obtain in his deposition book a statement from the party concerned justifying the urgency or reason for going to the residence of the executant of the document for receiving the document for registration and a copy of that statement shall be attached to the report of private attendance. It is for the Registering Officer to make a decision whether there are sufficient reasons for going to the residence of any person to present a document for registration. Once the Registering Officer is satisfied that there is special cause for attending the residence of a person, he is justified in going to the residence to receive the document for registration. Whether there are sufficient reasons for going to the residence of a person is a matter which has to be left to the subjective satisfaction of the registering officer.

5. Section 38 of the Act, 1908 exempts certain categories of persons from appearing at the registration office. It reads thus:

"1. (a) A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the Registration Office, or

(b) a person in jail under civil or criminal process, or

(c) persons exempt by law from pe