X presents a sale deed for registration of a plot before the Sub-Registrar and the registration is refused on the ground of undervaluation of stamp. What remedy is available to X in such situation under the Registration

CS Executive · Economic and Commercial Laws · PYQS · December 2019
X presents a sale deed for registration of a plot before the Sub-Registrar and the registration is refused on the ground of undervaluation of stamp. What remedy is available to X in such situation under the Registration Act, 1908 ?

Answer & Explanation:

If the Sub-Registrar refuses to register a sale deed on the ground of undervaluation of stamp duty, 'X' has a specific remedy available under the Registration Act, 1908. Remedy Available to X (Section 72(1) of the Registration Act, 1908): According to Section 72(1) of the Registration Act, 1908, an appeal shall lie against an order of a Sub-Registrar refusing to admit a document to registration. This appeal can be filed whether the registration of such document is compulsory or optional. Procedure for Appeal: The appeal must be made to the Registrar to whom such Sub-Registrar is subordinate. The appeal must be filed within thirty days from the date of the order of refusal. Upon hearing the appeal, the Registrar has the power to reverse or alter the order of the Sub-Registrar. Action for X: In the given case, 'X' may appeal to the Registrar against the order of the Sub-Registrar for registration of the plot within thirty days from the date of the order. The Registrar may then reverse or alter such order.

Topics: Registration Act, 1908

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