32. Persons to present documents for registration.—Except in the cases mentioned in 5
[sections
31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory
or optional, shall be presented at the proper registration-office,—
(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or
order, claiming under the decree or order, or
(b) by the representive or assign of such a person, or
(c) by the agent of such a person, representative or assign, duly authorised by power-ofattorney executed and authenticated in manner hereinafter mentioned.
6
[32A. Compulsory affixing of photograph, etc.—Every person presenting any document at the
proper registration office under section 32 shall affix his passport size photograph and fingerprints to the
document:
Provided that where such document relates to the transfer of ownership of immovable property, the
passport size photograph and fingerprints of each buyer and seller of such property mentioned in the
document shall also be affixed to the document.]
33. Power-of-attorney recognisable for purposes of section 32.—(1) For the purposes of section
32, the following powers-of-attorney shall alone be recognized, namely:—
1. Subs. by Act 33 of 1940, s. 3, for “and (c)”.
2. Subs. by Act 32 of 1940, s. 3 and the first Schedule, for certain words.
3. Subs. by the A.O. 1950, for “Provincial Government”.
4. Sub-section (2) omitted by Act 48 of 2001, s. 4 (w.e.f. 24-9-2001).
5. Subs. by Act 39 of 1948, s. 3, for “section 31 and section 89”.
6. Ins. by Act 48 of 2001, s. 5 (w.e.f. 24-9-2001).
12
(a) if the principal at the time of executing the power-of-attorney resides in any part of 1
[India] in
which this Act is for the time being in force, a power-of-attorney executed before and authenticated
by the Registrar or Sub-Registrar within whose district or sub-district the principal resides;
(b) if the principal at the time aforesaid 2
[resides in any part of India in which this Act is not in
force], a power-of-attorney executed before and authenticated by any Magistrate;
(c) if the principal at the time aforesaid does not reside in 1
[India], a power-of-attorney executed
before and authenticated by a Notary Public, or any Court, Judge, Magistrate, 3
[Indian] Consul or
Vice-Consul, or representative 4
*** of the Central Government:
Provided that the following persons shall not be required to attend at any registration-office or Court
for the purpose of executing any such power-of-attorney as is mentioned in clauses (a) and (b) of this
section, namely:—
(i) persons who by reason of bodily infirmity are unable without risk or serious inconvenience so
to attend;
(ii) persons who are in jail under civil or criminal process; and
(iii) persons exempt by law from personal appearance in court.
5
[Explanation.—In this sub-section “India” means India, as defined in clause (28) of section 3 of the
General Clauses Act, 1897 (10 of 1897).]
(2) In the case of every such person the Registrar or Sub-Registrar or Magistrate, as the case may be,
if satisfied that the power-of-attorney has been voluntarily executed by the person purporting to be the
principal, may attest the same without requiring his personal attendance at the office or Court aforesaid.
(3) To obtain evidence as to the voluntary nature of the execution, the Registrar or Sub-Registrar or
Magistrate may either himself go to the house of the person purporting to be the principal, or to the jail in
which he is confined, and examine him, or issue a commission for his examination.
(4) Any power-of-attorney mentioned in this section may be proved by the production of it without
further proof when it purports on the face of it to have been executed before and authenticated by the
person or Court hereinbefore mentioned in that behalf.
34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in
this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act,
unless the persons executing such document, or their representatives, assigns or agents authorised as
aforesaid, appear before the registering officer within the time allowed for presentation under sections 23,
24, 25 and 26:
Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear,
the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on
payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine,
if any, payable under section 25, the document may be registered.
(2) Appearances under sub-section (1) may be simultaneous or at different times.
(3) The registering officer shall thereupon—
(a) enquire whether or not such document was executed by the persons by whom it purports to
have been executed;
(b) satisfy himself as to the identity of the persons appearing before him and alleging that they
have executed the document; and
1. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “the State”.
2. Subs. by Act 3 of 1951, s. 3, and the Schedule, for “resides in any other part of the States”.
3. Subs. by the A.O. 1950, for “British”.
4. The words “of His Majesty or” omitted, ibid.
5. Ins. by Act 3 of 1951, s. 3 and the Schedule.
13
(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the
right of such person so to appear.
(4) Any application for a direction under the proviso to sub-section (1) may be lodged with a SubRegistrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
(5) Nothing in this section applies to copies of decrees or orders.
35. 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.]