Section 32 Registration Act Doesn't Require Presence Of Parties During Registration Of Sale Deed: SC [Read Judgment]

The Supreme Court has observed that Section 32 of the Registration Act, 1908, does not require presence of both parties to a deed of sale when the same is presented for registration.

However, it may be noted that Rules framed by States may provide for such presence of both seller and buyer, and in that case, presence of parties may be required. 

In this case, the Trial Court decreed the suit filed by plaintiff on the ground that the buyer was not present at the time of registration of sale deed. The High Court had held that, combined reading of the relevant sections of the Registration Act and the Rules makes it clear that the presence of the purchaser is not required when the document is presented for registration before the Sub­-Registrar.

The bench of Justice Deepak Gupta and Aniruddha Bose noted that there is evidence to the effect that the second defendant had not come to the office of the Sub­Registrar at the time of execution of the sale deed. It said:

" But as per law as it stood at the material point of time, there was no necessity of presence of purchaser at the Registration Office during the registration of sale deed. The deed was executed by Madegowda and that aspect has not been disputed. The deed in question does not fall within Sections 31, 88 and 89 of the Registration Act. Section 32 of the said Act does not require presence of both parties to a deed of sale when the same is presented for registration. " 

Click here to Read/Download Judgment

Read Judgment