(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 persons 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 himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office.
(3) (a) If any person by whom the document purports to be executed denies its execution, or
(b) if any such person appears to the registering officer to be a minor, an idiot or a lunatic, or
(c) if any person by whom the document purports to be executed is dead, and his representative or assign denies its execution,
the registering officer shall refuse to register the document as to the person so denying, appearing or dead:
Provided that, where such officer is a Registrar, he shall follow the procedure prescribed in Part XII:
Provided further that the State Government may, by notification in the Official Gazette, declare with respect to any sub-district that any Sub-Registrar in respect of whose office such notification is in force shall have power to hold inquiries under Part XII.
Legal Commentary & Landmark Judgments: Section 35
Section 35 of the Registration Act, 1908 governs the procedure to be followed by the registering officer upon admission and denial of execution by the appearing parties.
Section 35 governs the verification of identity and admission of execution by the registering officer, establishing procedural safeguards against impersonation.
Sub-section (3) commands the registering officer to refuse registration if: (a) any person by whom the document purports to be executed denies its execution; or (b) any such person appears to be a minor, an idiot or a lunatic; or (c) if the person by whom the document purports to be executed is dead, and his representative or assign denies its execution. The registering officer's inquiry is strictly limited to identity and factum of execution; he has no judicial power to adjudicate validity of title, adequacy of consideration, or fraud.
The landmark *Satya Pal Anand* decision establishes that Sub-Registrars are administrative recording officers, not judges. A Sub-Registrar cannot refuse registration because a third party files an objection asserting ownership or defect in the vendor's title. If execution is admitted by the executant, the document must be registered.