Sub-Registrar cannot orally refuse registration of sale deed; Orissa High Court reiterates

Orissa High Court: In the present petition, the petitioner sought a direction to the District Sub-Registrar (‘Sub-Registrar’), Bolangir, to accept a deed for sale for registration, which the Sub-Registrar had orally refused to accept. A Single Judge Bench of A. C. Behera, J., while allowing the petition, held that when a document was presented for registration, it is the duty of the Sub-Registrar to accept it, and if it is not in compliance with the provisions of law, the Sub-Registrar might refuse to register it, by assigning the reasons in writing for such non-acceptance and refusal.

The Court emphasised that the law clearly stated that a Sub-Registrar cannot orally refuse to accept a document presented for registration. The Court pointed out that as per the Registration Act, 1908 (‘Registration Act’) and the Orissa Registration Rules, 1988 (‘1988 Rules’), the Sub-Registrar is required either to have registered the document or to have refused registration by providing written reasons if the document was not legally fit for acceptance.

The Court referred to North East Infrastructure (P) Ltd. v. State of Andhra Pradesh¹, wherein it was held that the Sub-Registrar/Registrar could not have orally refused to receive the document and would have considered the fitness of it for registration or otherwise. Section 71 of the Registration Act empowered the Registration Authorities to receive a document which was presented for registration and to have processed the same, and thereafter, either to have registered such sale deed or any other document or to have passed a refusal order.

The Court applied the afore-stated legal principles and, by considering Rule 147 of the 1988 Rules, directed the District Sub-Registrar, Bolangir, to accept the deed for sale if presented by the petitioner along with a certified copy of the judgment. The Court further instructed the Sub-Registrar to act in accordance with the Registration Act and the 1988 Rules.

The Court thus disposed of the petition accordingly.

[Amir Kumar Darjee v. District Sub-Registrar, 2025 SCC OnLine Ori 3216, decided on 02-09-2025]

Advocates who appeared in this case:

For the Petitioner: R. K. Sahoo

For the Opposite Parties: G. Mohanty