Registering Officer Cannot Evaluate Title Or Irregularity In Document: J&K HC Directs Adherence To Statutory Duties Under Registration Act

Justice Wasim Sadiq Nargal emphasized that as per the Registration Act and Rules, a Registering Officer is only required to register documents accompanied by supporting documents and has no authority to evaluate title irregularities.

Shedding light on the mandate and role of the Registering authority under the Act the court observed,

“As per the mandate of the Registration Act and Rules formed thereunder, the role of the Registering Officer is limited to the extent of registering the document if the same is accompanied by supporting documents and he/she is expected to evaluate the title or irregularity in the document as such”

It added,

“The examination to be done by him/her is incidental to ascertain that there is no violation of the provisions of Registration Act and the Registration Officer cannot decide as to whether a document presented for registration is executed by person having title as mentioned in the instrument”

These observations arose from a petition filed by one Santosha Devi, a 63-year-old resident of Kishtwar, who sought the court's intervention after authorities refused to register a Will Deed she had executed. The petitioner had presented the document to the Sub-Registrar (ACR), Kishtwar along with the requisite fee. However, the officer declined to register it, citing his inability to read Urdu and marking the document as "not readable."

Aggrieved by the refusal, the petitioner appealed to the Registrar (ADC), Kishtwar, who conducted an inquiry, recorded her statement, and directed the registration of the Will Deed. Despite this order, the document remained unregistered, allegedly due to interference by relatives of the petitioner's brother, with whom she had disputes.

Subsequently, the petitioner approached the High Court, challenging the inaction of the authorities. The court, on May 29, 2023, directed the petitioner to re-present the document to the Registrar, Kishtwar, and ordered its registration within ten days. Despite this directive, the respondents claimed that the documents attached to the Will Deed were unclear, leading to further delays. Eventually, following the court's intervention, the Will Deed was registered on June 24, 2023, by the Sub-Registrar.

During the proceedings, the petitioner's counsel, Advocate R. Koul, acknowledged that the grievance had been resolved but expressed concern over the unnecessary hardships faced by the petitioner due to bureaucratic inaction. The court took serious note of the delay and emphasized that such actions contradict the objective of transparent and citizen-friendly registration services.

Spotlighting the limited role of registering officers the court clarified that the Registering Officer's function is purely administrative and not quasi-judicial. Their duty is to register documents as long as they meet the statutory requirements and they cannot adjudicate on the title of the executor, the court explained.

Stressing that Sub-Registrars must diligently discharge their statutory duties to ensure efficient and transparent registration services across Jammu and Kashmir the court stated,

“Sub Registrars have a specific mandate under the Registration Act, 1908 and provisions of revenue laws and they are under an obligation to discharge their statutory duties diligently with a citizen-centric approach, to realize the objective of transparent document registration services, a harbinger of Digital Governance across UT of J&K. Such document(s) as do not qualify for registration can be reverted/refused by a Sub Registrar upon citing valid reasons in writing”

The court further noted that a Government Order already stands issued on the subject which prescribes a checklist for document scrutiny during registration and mandates that deficiencies should not be pointed out in a piecemeal manner, as it causes undue hardship to citizens and undermines the efficiency of the online National Generic Document Registration System (NGDRS).

“The Revenue Officers are required to provide accurate inputs as per requirement, so that registration of a document which constitutes a milieu for conferment of title and ownership rights to a citizen through mutation does not suffer from any infirmity or aberration”, the court remarked.

Concluding the case, Justice Nargal issued a directive for all Registering Officers to strictly follow the government's guidelines while processing documents.

Case Title: Santosha Devi Vs UT Of J&K

Citation: 2025 LiveLaw (JKL) 122

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