Published on: May 26, 2024 11:13 IST
Court: Supreme Court of India
Case: Asset Reconstruction v. S.P. Velayutham 2022
Honourable Supreme Court of India held that a registration of a document has three essential elements. It is held that the executant of the document and the person claiming under the document are the only actors involved in the first two steps, the registering officer is the actor in the third step.
It is held that the Registration of a Document is wholly in the domain of the registering authority, he may also have a role to play in the second step when a document is presented for registration and the execution thereof is admitted. The role that is assigned to the Registrar in the second step is that of verification of the identity of the person presenting the document for registration.
53. Actually, the registration of a document comprises of three essential steps among others. They are:
(i) execution of the document, by the executant signing or affixing his left hand thumb impression;
(ii) presenting the document for registration and admitting to the registering authority the execution of such document; and
(iii) the act of registration of the document.
Drafted By Abhijit Mishra