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Section 73: Application to Registrar where Sub-Registrar refuses to register on ground of denial of execution

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Act 1908
Section 72 All 93 Sections of Registration Act Section 74

Legal Commentary & Landmark Judgments: Section 73

Section 73 authorizes any person claiming under a document to apply to the Registrar where the Sub-Registrar refuses registration on the ground of denial of execution, within thirty days of the refusal order.

  • Application on Denial of Execution: When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution, any person claiming under the document may apply to the Registrar.
  • Thirty-Day Limitation: Application must be made in writing within 30 days from the date of the refusal order.
  • Verification & Affidavit: Application must be verified in the manner required for plaints, accompanied by a copy of the reasons recorded under Section 71.
  • Quasi-Judicial Inquiry Trigger: Triggers a full quasi-judicial inquiry under Section 74 to determine whether the document was in fact executed.
Key Landmark Precedents:
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: The Supreme Court settled that where an executant disputes the voluntary nature of the execution or alleges fraud/coercion, it constitutes a 'denial of execution' requiring the presenting party to invoke Section 73 before the Registrar.
  • Satya Pal Anand v. State of M.P., (2016) 10 SCC 767: Reaffirmed that Section 73 provides a specialized statutory forum to adjudicate contested execution claims.
Courtroom Practice & Strategic Litigation Guidance:

When a vendor backs out at the registry and falsely denies signing the sale deed, obtain the Section 71 refusal order and immediately file a verified Section 73 application before the District Registrar.

Section 72 All 93 Sections of Registration Act Section 74