39. Registering Officers not concerned with validity of documents.
- Registering Officers should bear in mind that they are in no way concerned with the validity of documents to them for registration and that it would be wrong for them to refuse to register on any such grounds as under:-(1)that the executant was dealing with property not belonging to him:[Provided that the registering officer shall not register the document unless he is satisfied himself that the property does not belong to the Government or any local body.] [Notification dated 10-1-1990, Published in R.G.G. Part IV-C, dated 24-1-1991, p. 94;](2)that the instrument infringed the rights of third persons not parties to the transaction:(3)that the transaction was fraudulent [ X X X ] [Notification dated 10-1-1990, Published in R.G.G. Part IV-C, dated 24-1-1991, p. 94;].(4)that the executant had not agreed to certain conditions of the document:(5)that the executant was not acquainted with the conditions of the document:(6)that the executant declared that he had been deceived into executing: and(7)that the executant is blind and cannot count.These and such like are matters for decision, if necessary, by competent courts of law, and registering officers, as such, have nothing to do with them. If the document be presented in a proper manner, by a competent person, at the proper office, within the time allowed by law, and if the registering officer be satisfied that the alleged executant is the person he represents himself to be, and if such person admits execution, the registering officer is bound to register the document without regard to its possible effects. But the registering officer shall make a note of such objections of the kinds mentioned in grounds (1) to (7) above, as may be brought to his notice in the endorsement required by section 58.
