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State of Jammu-Kashmir - Section

Section 34 in The Registration Act, 1977 (1920 A.D.)

34. Enquiry before registration by registering officer.

(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 person 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: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 five 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 person 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 Sub-Registrar, 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.
(6)[ No document shall he registered under this Act unless the registering officer is satisfied that the market value of the property, which is the subject matter of the instrument received by him for registration has been truly set forth therein and is not less than true market value of such property as determined in accordance with the provisions of the Stamp Act, Samvat 1977 and the rules framed thereunder.] [Added by Act III of 2006.]