Section 71: Reasons for refusal to register to be recorded by Sub-Registrar

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 71

Section 71 mandates that every Sub-Registrar refusing to register a document shall make an order of refusal in Book 2, record their detailed statutory reasons, and furnish a copy of the reasons to the applicant without delay.

  • Mandatory Written Refusal Order: Every Sub-Registrar refusing to register a document, except on the ground that the property is not situated in his sub-district, shall make an order of refusal and record his reasons in Book No. 2.
  • Endorsement on Document: Sub-Registrar shall endorse the words 'registration refused' on the document itself.
  • Free Copy of Reasons: On application made by any person executing or claiming under the document, the Sub-Registrar shall without payment and unnecessary delay give him a copy of the reasons so recorded.
  • Bar on Oral Refusal: Registering officers are strictly prohibited from returning deeds orally or refusing registration without recording an official Section 71 order.
Key Landmark Precedents:
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: The Supreme Court emphasized that Section 71 obligates the Sub-Registrar to pass a speaking order recording reasons in Book 2; an oral refusal is illegal and actionable under public law.
  • Ameen v. State of Kerala, 2022 SCC OnLine SC 1191: The Supreme Court held that refusal can only be on grounds recognized by the Act; registering officers cannot refuse registration on grounds of private civil disputes or unproven title doubts.
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: Affirmed that the Section 71 refusal order forms the jurisdictional trigger for preferring a statutory appeal under Section 72.
Courtroom Practice & Strategic Litigation Guidance:

If a Sub-Registrar hesitates to register your conveyance, submit a formal written demand for an Order of Refusal under Section 71; registry officers will often register the deed rather than risk writing indefensible reasons in Book 2.