(1)If the Registering Officer is satisfied -(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 assigned or agent before admission of execution of the document, he shall ascertain by examining the presentant and the witnesses accompanying him who are the Representative or assignee of the executant and refer, if he considers it necessary to the Local Revenue Officer of the area for information on this point.(iii)if any of the person ascertained to be representative or assigns of the deceased executant are present in the office, at the time of the presentation of the document under Clause (i) of Sub-rule (1) or on the day fixed for the appearance of the executant in case under Clause (ii) of Sub-rule (1) he shall examine them on that day in regard to the execution of the document by the deceased.(2)A day shall then be fixed for the appearance of any other persons claiming to be the 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 of the intended inquiry shall be ousted in the office premises on the conspicuous place 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 prior by beat of drums in these villages. The cost of the service of notice shall be levied from the person who presented the document for registration.(3)if the persons already examined as representatives have admitted execution and if on the notified day the persons summoned to appear and admit execution and if any other person claiming to be a representative or an assignee who may appear on that day admits execution, the document shall be registered. If the Registering Officer is satisfied that any representative or assignee who has right to appear deny execution or wilfully avoid appearance the document shall be refused registration in toto.(4)If, on the day fixed for the examination, all the representatives who appear admit execution of if persons claiming to be representatives have already appeared and have admitted execution and no representatives appear on the day fixed as aforesaid, the document shall be registered as regards the deceased executant. But if some of the representatives admit execution and others deny it, the registration shall where the Registering Officer is a Sub-Registrar be refused. A Registrar in such a case will proceed under Sections 74, 75 and 76 of the Act.
