Section 35 of Registration Act - Procedure on admission and denial of execution respectively

Section 35 of Registration Act 1908 : Procedure on admission and denial of execution respectively

(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 person 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:

1[Provided further that the 2[State Government] may, by notification in the 3[Official Gazette], declare that any Sub-Registrar named in the notification shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of this sub-section and of Part XII.]

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1. Ins. by Act 13 of 1926, s. 2

2. Subs. by the A.O. 1950, for "Provincial Government"

3. Subs. by the A.O. 1939, for "Local Official Gazette"

Section 26 Documents executed out of India, Section 27 Wills may be presented or deposited at any time

Section 28 Place for registering documents relating to land

Section 29 Place for registering other documents, Section 30 Registration by Registrars in certain cases

Section 31 Registration or acceptance for deposit at private residence

Section 32 Persons to present documents for registration, Section 32A Compulsory affixing of photograph etc

Section 33 Power of attorney recognisable for purposes of section 32

Section 34 Enquiry before registration by registering officer

Section 35 Procedure on admission and denial of execution respectively

Section 36 Procedure where appearance of executant or witness is desired, Section 37 Officer or Court to issue and cause service of summons

Section 38 Persons exempt from appearance at registration-office, Section 39 Law as to summonses, commissions and witnesses

Section 40 Persons entitled to present wills and authorities to adopt, Section 41 Registration of wills and authorities to adopt

Section 42 Deposit of wills, Section 43 Procedure on deposit of wills

Section 44 Withdrawal of sealed cover deposited under section 42, Section 45 Proceedings on death of depositor

Section 46 Saving of certain enactments and powers of Courts, Section 47 Time from which registered document operates

Section 48 Registered documents relating to property when to take effect against oral agreements

Section 49 Effect of non-registration of documents required to be registered

Section 50 Certain registered documents relating to land to take effect against unregistered documents