Enquiry before registration by registering officer
Section 34 of the Registration Act, 1908 deals with enquiry before registration by registering officer. 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 w The Act came into force on 01 Jan 1909.
(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:c 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 (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.
STATE AMENEDMENT
Gujarat
Amendment of section 34 of XVI of 1908.--In the principal Act, in section 34,-- (i) after sub-section (1), the following sub-section shall be inserted, namely:--
“(1A) The registering officer may refuse to accept the non-testamentary documents relating to immovable property mentioned in sub-section (1) of section 17, if they are not accompanied by the—
(a) proofs of identify of executing and claiming parties and witnesses;
(b) proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is so be registered;
(c) sign or thumb impression/finger print (if the person is unable to sign) of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration;
(d) proof that the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the principal.”;
(ii) the following Explanation shall be added at the end, namely:-
“Explanation.---For the purpose of this section the term “document” shall include the document presented by an electronic means.”.
[Vide Gujarat Act 4 of 2020, s. 4]
Section 34, The Registration Act, 1908 (Act 16 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 17 Documents of which registration is compulsory
- s. 23 Time for presenting documents
- s. 24 Documents executed by several persons at different times
- s. 25 Provision where delay in presentation is unavoidable
- s. 26 Documents executed out of India
- s. 41 Registration of wills and authorities to adopt
- s. 43 Procedure on deposit of wills
- s. 45 Proceedings on death of depositor
- s. 69 Power of Inspector-General to superintend registration offices and make rules
- s. 75 Order by Registrar to register and procedure thereon
- s. 77 Suit in case of order of refusal by Registrar
- s. 88 88. Registration of documents executed by Government officers or certain public functionaries
- s. 89 Copies of certain orders, certificates and instruments to be sent to registering officers and filed
Referred to by 4
- Maharashtra Housing (Regulation and Development) Act s. 9 Promoter before accepting advance payment of deposit, beyond twenty per cent., to enter into agreement and agreement to be registered
- s. 60 Certificate of registration
- s. 69 Power of Inspector-General to superintend registration offices and make rules
- s. 70 Power of Inspector-General to remit fines
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Veena Singh (Dead) through LR v. District Registrar / Additional Collector (F/R)
Court's Decision & Legal Precedent
The s.34 enquiry before registration requires the registering officer to satisfy himself as to appearance, identity and authority of the person purporting to execute. It is not a mini-trial of fraud, but where execution is denied the statutory refusal path under ss.34/35 must be followed; Registrar cannot railroad registration by wrongly treating signature-admission as full execution-admission.
On this section: s.34 enquiry before registration: frames the limited but mandatory pre-registration enquiry and its interface with denial-of-execution procedure.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The learned Government Pleader on instructions submits that the Sub-Registrar did not register Ext.P1 settlement ..3.. 2024:KER:89289 deed since the petitioner failed to produce title deed of the property to show that his father acquired title over the property. 4. Section 34 of the Registration Act, 1908 provides for enquiry before registration of a document by the Registering Officer. A reading of the said provision would show that the Registering Officer, prior to registration, is bound to enquire as to whether or not such document was executed by the persons by whom it purports to …
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… mandates that a gift deed pertaining to any immovable property must be effected by a registered instrument signed by or on behalf of the donor and attested by atleast two witnesses. Section 17 of the Registration Act, 1908 also requires that instruments of gift of immovable property "shall be registered". Further, Section 34 of the Registration Act requires the executants or their authorized representatives of the document executed for registration appear before the registering officer. However, the witness to a document need not also be the witness to its registration. Section 47 of the Registration Act further adumbrates that the …
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… Above all, Exts.B3 and B4 are registered documents. Section 34 of the Registration Act empowers the Registrar to ensure the correctness of the nature and contents of the documents registered by him. True, Section 34 of the Registration Act does not preclude a party from contending that the documents concerned are not documents intended by him. But, there is a presumption that the Registrar has made enquiries and ensured the correctness of the nature and contents of the documents. In the aforesaid facts and circumstances, I have …
Questions about Section 34
What have the courts held on Section 34 of the Registration Act?
Veena Singh (Dead) through LR v. District Registrar / Additional Collector (F/R) (10 May 2022) is the leading judgment on this section among those set out below: s.34 enquiry before registration: frames the limited but mandatory pre-registration enquiry and its interface with denial-of-execution procedure.
How do I find court cases under Section 34 of the Registration Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Registration Act 34, section 34 Registration Act, section 34 of the Registration Act. People searching for it also type registration act 34 c in tamil and registration act 34 c. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Veena Singh (Dead) through LR v. District Registrar / Additional Collector (F/R) (10 May 2022).
What should I read with Section 34 of the Registration Act, and has it changed?
Its own text turns on section 17 (Documents of which registration is compulsory), section 23 (Time for presenting documents), section 24 (Documents executed by several persons at different times), section 25 (Provision where delay in presentation is unavoidable), and on 9 further provisions, so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When did Section 34 of the Registration Act come into force?
Section 34 of the Registration Act, cited as Registration Act 34, came into force on 01 Jan 1909, having been enacted on 18 Dec 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 89. Copies of certain orders, certificates and instruments to be sent to registering officers and filed3309 words
- 17. Documents of which registration is compulsory1430 words
- 69. Power of Inspector-General to superintend registration offices and make rules1164 words
- 80. Fees payable on presentation1120 words
- 51. Register-books to be kept in the several offices868 words
- 22. Description of houses and land by reference to Government maps or surveys737 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.