The registering authority's role is to ensure procedural compliance, not adjudicate title; challenges to registration must be based on valid documents and are subject to civil court jurisdiction.

JUDGMENT :

1. Mr. Shreyas Srivastava, learned advocate appears on behalf of petitioner and submits, his client inherited half share in the property. Respondent nos.3 to 5 are his cousins and respondent no.6, purported purchaser of almost their entire aggregate half share. He relies on section 22 in Hindu Succession Act, 1956 and submits, his client has preferential right to acquire the property, when his cousins decide to sell their shares.

2. Challenge in the writ petition is against respondent no.2, (the Sub-Registrar), nd in having illegally registered the sale deed dated 2 April, 2025. He draws attention to the deed and submits, vendors described therein were represented by th respondent no.3. Though there is mention of power of attorney dated 17 October, 2024, the Sub-Registrar abdicated his duty mandated by sub-section (3) in section 34 of Registration Act, 1908 in not refusing registration. He relies on clause (c) in the sub-section. The sale deed does not bear signature of the other vendors. The Sub-Registrar thus, as appears on face of the document, did not satisfy himself that the executor appearing as representative of respondent nos.4 and 5, had the right to so appear and present the document for registration. He also relies on rule 285 in Uttar Pradesh Registration Manual. Section 34 and the rule are reproduced below.

Section 34 in Registration Act, 1908.

"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 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 Sub-Registrar, 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."

Rule 285 in UP Registration Manual.

"285. Examination of documents. When a document is presented for registration the points requiring the attention of the registering officer may be summarized as follows:

1. Whether he has jurisdiction to register the document?

2. Whether the document is time-barred?

3. Whether the document is free fro