Registering authorities cannot refuse registration of documents based on their merits or future legal implications as per the Indian Registration Act, 1908.

Judgment :

A.C. Behera, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing (setting aside) the order of refusal of registration to the deed of acknowledgment of adoption of the petitioner passed on dated 19.05.2025 (Annexure-1) under Section 71 of the Indian REGISTRATION ACT , 1908 by the District Sub-Registrar, Khordha at Bhubaneswar (opposite party No.3).

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, on dated 14.05.2025, the petitioner presented a deed of acknowledgment of adoption stating therein about the adoption made by her to Miss Krishna Kumari Patra aged about 35 years, daughter of Late Gangadhar Patra and Late Hiranmayee Patra, which adoption was taken place on 31.08.2003, but the District Sub-Registrar, Bhubaneswar (opposite party No.3) refused to register that deed of acknowledgement of adoption as per its order dated 19.05.2025 (Annexure-1) under Section 71 of the Indian REGISTRATION ACT , 1908 assigning the reasons that:-

“as per U/s 10(iv) of the Hindu Adoption and Maintenance Act, 1956, a child can be adopted when she will not have completed 15 years, but Krishna Kumari Patra is 35 years and no documentary evidence has been provided to validate an adoption, which was allegedly taken on 31-08-2003 as per the contents of the deed of acknowledgment of adoption and no document has been provided to show that, parents or legal guardian of the adopted person i.e. Krishna Kumari Patra were involved in the so called adoption.

For which, in view of the said legal deficiency, the deed of acknowledgment of adoption presented by the petitioner is refused for its registration. Petitioner may seek appropriate redressal from the competent legal authority and returned to the deed of acknowledgment of adoption to the petitioner.”

3. On being aggrieved with the said order of refusal of registration to the deed of acknowledgment of the petitioner, she (petitioner) challenged the same by filing this writ petition praying for quashing (setting aside) the impugned order dated 19.05.2025 (Annexure-1) passed by the District Sub-Registrar, Bhubaneswar (opposite party No.3) under Section 71 of the Indian REGISTRATION ACT , 1908.

4. I have already heard from the learned counsel for the petitioner and learned Standing Counsel for the opposite party Nos.1 to 3.

5. As per law, deed of acknowledgment of adoption is not itself an adoption, but the same is a document relating to the acknowledgment of the adoption, which was made prior to the registration of the said deed of acknowledgment. So, the deed of acknowledgment cannot be substituted an actual factum of giving and taking with regard to the adoption.

6. The Registering Authorities are not authorized/empowered under law to go into question of merits of the document, which is presented before him for registration.

Because, the legal effect as well as merit of registered document can only be considered as per law by the Competent Court including the Civil Court, but not by the Sub-Registrar like O.P. No.3. The Registering Authorities like O.P. No.3 cannot refuse to register a deed presented for registration answering about the future consequential legal effect of the said document.

On this aspect the propositions of law has already been clarified in the ratio of the following decisions:-

(i) In a case between Bilenbarric Steels Limited Vrs. Regional Development Commissioner for Iron & Steel and others reported in AIR 1991 Calcutta 62 (at Para 8) that, the Registering Authority cannot go into question of the merits of the transaction to the document presented for registra