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Section 63: Power to administer oaths and record of substance of statements

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 62 All 93 Sections of Registration Act Section 64

Legal Commentary & Landmark Judgments: Section 63

Section 63 empowers the registering officer to administer oaths, examine persons on oath, and record the substance of statements made during registration inquiries.

  • Power to Administer Oaths: Every registering officer may at his discretion administer an oath to any person examined by him under the provisions of this Act.
  • Recording Substance of Statements: May record a note of the substance of the statement made by each such person, read it over to them, and require their signature.
  • Statutory Evidence Status: Notes so recorded may be used as evidence in subsequent judicial proceedings under Section 80 of the Evidence Act.
  • Perjury Safeguard: False statements recorded under Section 63 attract criminal prosecution for perjury under Section 82 RERA and Section 193 IPC.
Key Landmark Precedents:
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: The Supreme Court held that the registering officer's power to administer oaths and record statements under Section 63 is an essential investigatory tool to determine whether an executant truly admitted execution.
  • Asset Reconstruction Co. (India) Ltd. v. S.P. Velayutham, (2022) 8 SCC 210: Affirmed that statements recorded under oath under Section 63 provide foundational evidence to prosecute fraudulent impersonators under Section 82.
Courtroom Practice & Strategic Litigation Guidance:

If you suspect that a co-owner is being coerced or impersonated, request the Sub-Registrar in writing to examine the executant on oath under Section 63 and record their sworn statement.

Section 62 All 93 Sections of Registration Act Section 64