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State of Andhra Pradesh - Section

Section 61 in Andhra Pradesh Rules Under the Registration Act, 1908

61.

When (i) a non-testamentary document is presented for registration after the death of the executant or (ii) the executant dies after presentation of a document by the claimant or his representative, assign or agent and before admission of execution, the Registering Officer shall ascertain by examining the presentant and the witnesses accompanying him who the representatives or assigns of the executant are and refer, if he considers it necessary, to the village officer for information on this point. If any of the persons ascertained to be representatives or assigns of the deceased executant are present in the office at the time of presentation of the document in case (i) or on the day fixed for the appearance of the executant in case (ii) and if the Registering Officer is satisfied of their representative character, he shall examine them on that day in regard to the execution of the document by the deceased. A day shall then be fixed for the appearance of any other persons claiming to be representatives or assigns for examination in connection with the document and summons shall be issued to such of the ascertained representatives as have not yet been examined. A notice of the fact or the intended enquiry shall be posted in the office premises and on the chavadies of the munsifs of the village in which the deceased resided and of the village or villages where the property affected by the document is situated and shall be proclaimed by a carrier in those villages. The cost of the service of the notice shall be levied the person who presented the document for registration.If the persons already examined as representatives have admitted execution and if on the notified day the persons summoned appear and admit execution and if any other person claiming to be a representative or assign who may appear on that day admits execution, or if persons claiming to be representatives or assigns have already appeared and have admitted execution and no representatives appear on that day fixed as aforesaid the document shall be registered as regards the deceased executant. But if some of the representatives admit execution and other deny it, or if any representative or assign of whose right to appear as such the Registering Officer is satisfied deny execution or wilfully avoid appearance the document shall, where the Registering Officer is a Sub-Registrar, be refused registration as regards the deceased executant. A Registrar in such a case will proceed under Sections 74 to 76.