Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 72 73 74 1908: ss. 35 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Registration Act, 1908: ss. 35, 72, 73, 74 – Execution and registration of sale deed – Agreement to sell certain land between the appellant and the second respondent – Execution of sale deed by the appellant in favour of second respondent, however, during registration of said sale deed, the appellant denied its execution – However, no denial on the part of the appellant in signing the sale deed and having placed her thumb impressions/fingerprints on the documents – Appellant also asserted commission of fraud and undue influence by the second respondent – Refusal of registration of the sale deed by the Sbregistrar in terms of s. 35(3)(a) – However, in appeal u/s. 72, the District Registrar ordered registration of the sale deed – Said order upheld by the High Court – On appeal, held: Sub-Registrar having specifically denied registration in terms of s. 35(3)(a), the order was not amenable to an appeal u/s. 72, however, the Registrar, in the course of entertaining the appeal, instead took recourse to the powers entrusted u/s. 73 – Mis-labelling of an application u/s. 73 as an appeal u/s. 72 would by itself not vitiate the proceedings before the Registrar – Execution happens when a person’s signature on the document is accompanied by their full consent to the contents of the document, which they have understood before signing it – “Execution” of a document does not stand admitted merely because a person admits to having signed the document – Thus, admission of one’s signature on a document is not equivalent to admission of its execution – High Court conflated the mere signing of the sale deed with its execution – Such an approach is completely erroneous and cannot be upheld – Thus, the order of the Single Judge of the High Court and that of the District Registrar set aside. ss. 35, 72-77 – Power of the Sub-Registrar/Registrar and their procedures under – Explained. Words and phrases: Expression ‘execution’ – Meaning of, in context of the Registration Act, 1908. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2022 INSC 544 |
Petitioner | Veena Singh (dead) Through Lr |
Respondent | The District Registrar/additional Collector (f/r) And Another |
SCR | [2022] 3 S.C.R. 736 |
Judgement Date | 2022-05-10 |
Case Number | 2929 |
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