Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court

The Supreme Court observed that the execution of a document/deed does not stand admitted merely because a person admits to having signed the document/deed.The "term" execution in Section 35(1)(a) Registration Act means that a person has signed a document after having fully understood it and consented to its terms, the bench comprising Justices DY Chandrachud, AS Bopanna and Bela M. Trivedi observed.The court added that in a situation where an individual admits their signature on a document but denies its execution, the Sub-Registrar is bound to refuse registration in accordance with Sections 35(3)(a) of the Registration Act.BackgroundVeena Singh allegedly had entered into two agreements with a developer – Gujral Associates. Later a sale deed was purported to have been executed by her in favour of the developer based upon the agreement to sell and upon the payment of the remaining sale consideration. The developer presented the sale deed for registration before the Sub-Registrar-I, Bareilly. In response to a notice from the Sub-Registrar, the Veena Singh appeared and submitted an objection in writing, with a request not to execute the incomplete and forged sale deed. She alleged that the developer had been harassing her into forcibly signing the sale deed in respect of her property and that they furnished her with misleading and false information in order to get her to sign the papers, all the while even forcing her to hide the transaction from the members of her own family. Accepting these objections, the Sub-Registrar having refused to order the registration of the sale deed. In appeal filed by the developer, the District Registrar set aside the Sub-Registrar's decision and ordered the registration of the sale deed. This order of the District Registrar was challenged before the High Court by Veena Singh by filing a writ petition. The High Court dismissed the writ petition while giving liberty to move the civil court for a declaration that the sale deed had been obtained by fraud and was a nullity. Section 35(1)(a) Registration ActSection 35 (1) (a) of the Registration Act reads as follows : If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution of the document... the registering officer shall register the document as directed in Sections 58 to 61, inclusive.Contentions RaisedBefore the Apex Court, the appellant's (Veena Singh's legal heirs) contention was that even if a person's signature on the document admitted, they can still deny its execution if they did not agree to or understand the contents of the document while signing it. On the other hand, the respondent contended that once a person admits to their signature on a document, they admit to having executed it. The main issue therefore considered by the court was whether the appellant's admission of her signatures and thumb impressions/fingerprints on the sale deed also amounts to an admission of its "execution".Meaning of "executionReferring to various authorities on the meaning of "execution", the bench observed that the the admission of one's signature on a document is not equivalent to admission of its execution. It said: The "execution" of a document does not stand admitted merely because a person admits to having signed the document. Such an interpretation accounts for circumstances where an individual signs a blank paper and it is later converted into a different document, or when an individual is made to sign a document without fully understanding its contents. Adopting a contrary interpretation would unfairly put the burden upon the person denying execution to challenge the registration before a civil court or a writ court, since registration will have to be allowed once the signature has been admitted.....In a situation where an individual admits their signature on a document but denies its execution, the Sub-Registrar is bound to refuse registration in accordance with Sections 35(3)(a) of the Registration Act. Subsequently, if an application if filed under Section 73, the Registrar is entrusted with the power of conducting an enquiry of a quasi-judicial nature under Section 74. If the Registrar passes an order refusing registration under Section 76, the party presenting the document for registration has the remedy of filing a civil suit under Section 77 of the Registration Act, where a competent civil court will be able to adjudicate upon the question of fact conclusively.On Mislabelling of application under Section 73Yet another contention raised by the appellant was that the execution of the sale deed had been denied by the appellant and the Sub-Registrar refused registration on that ground under Section 35(3)(a) and therefore no appeal would be maintainable under Section 72."If a person by whom the document is purported to be executed denies...

Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court

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