Procedure on admission and denial of execution respectively
Section 35 of the Registration Act, 1908 deals with procedure on admission and denial of execution respectively. (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 The Act came into force on 01 Jan 1909.
(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.]
STATE AMENEDMENT
Gujarat
Amendment of section 35 of XVI of 1908.—(l) In the principal Act, in section 35,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. 5]
Section 35, 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
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.35 admission/denial of execution: signature ≠ execution; denial of execution mandates refusal of registration.
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Sri Panu Kanta Nath vs The State of Tripura
Court's Decision & Legal Precedent
A claim of minority to invalidate a registered deed, raised significantly late and supported only by inconsistent duplicate records, cannot override the presumption of regularity in the registration process and the competence of the parties at the time of execution.
On this section: Obligation of registering officer to refuse registration if a person appears to be a minor.
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.
Questions about Section 35
What have the courts held on Section 35 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.35 admission/denial of execution: signature ≠ execution; denial of execution mandates refusal of registration. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2022 to 2024.
How do I find court cases under Section 35 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 35, section 35 Registration Act, section 35 of the Registration Act. People searching for it also type society registration act 35 of 2001. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are 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 35 of the Registration Act, and has it changed?
Its own text turns on section 58 (Particulars to be endorsed on documents admitted to registration), section 61 (Endorsements and certificate to be copied and document returned), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 35 of the Registration Act come into force?
Section 35 of the Registration Act, cited as Registration Act 35, 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.