Section 75: Order by Registrar to register and procedure thereon

Registration Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 75

Section 75 regulates the order of the Registrar directing registration of a document following an affirmative inquiry under Section 74, and the subsequent procedure for its registration.

  • Order Directing Registration: If the Registrar finds that the document has been executed and that the requirements of law have been complied with, he shall order the document to be registered.
  • Thirty-Day Presentation Window: If the document is presented for registration within 30 days after the making of such order, the registering officer shall obey the same.
  • Deemed Timely Registration: Such registration shall take effect as if the document had been registered when it was first presented for registration (retrospective priority under Section 47).
  • Cost Award Powers: Registrar may direct by whom the whole or any part of the costs of an inquiry under Section 74 shall be paid, recoverable as an arrear of land revenue.
Key Landmark Precedents:
  • Veena Singh v. District Registrar, (2022) 7 SCC 1: The Supreme Court noted that once the Registrar passes an affirmative order under Section 75, the Sub-Registrar has no discretion and must register the deed upon presentation within 30 days.
  • Gurbax Singh v. Kartar Singh, (2002) 2 SCC 611: Affirmed that registration completed pursuant to a Section 75 order takes effect retrospectively from the original date of presentation.
Courtroom Practice & Strategic Litigation Guidance:

Upon receiving a favorable order from the Registrar under Section 75, present the document before the Sub-Registrar strictly within 30 days accompanied by a certified copy of the Registrar's order.