Section 148 in The Orissa Registration Rules, 1988
148. Refusal of registration of duly presented document.
- A document duly presented for registration shall not be admitted to registration under the following circumstances ;(i)If the executant fails to appear and admit execution within the prescribed time (Section 34).(ii)If the executant denies execution (Section 35).(iii)If the person by whom the document purports to be executed be dead, and his representative or assign denies execution (Section 35).(iv)If the person purporting to have executed the document appears to be a minor, an idiot, or a lunatic (Section 35).(v)If the Registering Officer is not satisfied of the identify of the person appearing before him and alleging that he executed the document (Section 35). (The party may be given all possible facilities for producing evidence of identification within the time allowed under Section 34).(vi)If the Registering officer is not satisfied as to the truth of the allegation that the person who executed the document is dead (Section 35).(vii)If the admitting agent's power-of-attorney has not been made in accordance with the Act, or if an alleged representative or assign has failed to prove his status (Section 35).(viii)If the Registering Officer is not satisfied as to the fact of execution in the case of a will or an authority to adopt presented after the death of the testator or donor (Section 41).(ix)If the prescribed fee or fine has not been paid (Sections 25, 34, and 80).(x)If the parties fail or refuse to mention the-additions of executants of claimants.(xi)If the parties fail or refuse to fulfill the requirements as prescribed in any other Act, rules framed thereunder and instructions-issued regarding the registration of a deed.(xii)[ if the document pertaining to sale, exchange, gift, partition or settlement is not accompanied by Record-of-Rights or the certified copy of the record-of-rights containing the land to be transferred.] [Added vide O.G. No. 41 dated 8.10.1999]Note -(1) In refusing to register a document on account of the minority of the executant the Registering Officer should always state the apparent age of the minor.(2)Each case of denial of execution must be separately reported to the District Registrar for his order. The District Registrar may, as Magistrate of the district take any action as he thinks proper. The orders when received will be filed in the Sub-Registry Office and shown to inspecting officers when called for.
