Section 23A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 23A is a repair provision. If a document was accepted and registered although the person who presented it was not duly empowered to present it, anyone claiming under the document can have it registered again, within a short window, and the new registration then dates back to the original one. This article reads it as per the text of the Act consulted. The section is printed in square brackets as an inserted section. A document whose registration may be defective is a dispute in the making, and a legal dispute resolution review of the papers is a sensible first step.
Where a document requiring registration was accepted by a Registrar or Sub-Registrar from a person not duly empowered to present it, and was registered, any person claiming under it may, within four months from first becoming aware that the registration is invalid, present it again for re-registration at the Registrar's office of the district where it was originally registered. If the Registrar is satisfied, the document is deemed duly registered for all purposes from the date of its original registration.
What triggers section 23A
The section begins "Notwithstanding anything to the contrary contained in this Act". It then sets out the situation: a document requiring registration "has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered".
Who is duly empowered to present a document? Section 32 answers that: the person executing or claiming under it, the representative or assign of such a person, or an agent duly authorised by a power-of-attorney executed and authenticated as the Act requires. Our article on section 32 covers the list, and the article on section 33 covers which powers-of-attorney are recognised. If the person who put the document before the officer was outside that list, section 23A is the corrective.
Who may use it and when
"Any person claiming under such document" may act. That is wider than the executants; a buyer, a lessee or an assignee who holds rights under the deed can present it or "cause the same to be presented".
The time limit is four months from his first becoming aware that the registration of such document is invalid. The clock does not run from the date of the original registration; it runs from awareness. The section does not say how awareness is proved, and the copy is silent on that.
Where and how
The document is to be presented "in accordance with the provisions of Part VI" (sections 32 to 35, on presenting documents), "for re-registration in the office of the Registrar of the district in which the document was originally registered". Notice that the office is the Registrar's, not the Sub-Registrar's, even if the original registration was at a Sub-Registrar's office.
What the Registrar does
"Upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it had not been previously registered." Three consequences follow in the text:
- The presentation for re-registration is treated as "a presentation for registration made within the time allowed therefor under Part IV". So the four-month time for presentation under section 23 is not held against the re-presentation.
- "All the provisions of this Act, as to registration of documents, shall apply to such re-registration." The enquiry, endorsements and entries follow the usual course.
- A document duly re-registered "shall be deemed to have been duly registered for all purposes from the date of its original registration."
The third point is the practical heart of the section: the document is treated as registered from the original date, not from the date of the repair. The effect of registration generally is explained in our post on section 47.
The proviso: 12 September 1917
The proviso is dated. It says that "within three months from the twelfth day of September, 1917", any person claiming under a document to which the section applies could present it for re-registration "whatever may have been the time when he first became aware" of the invalidity. That three-month window has long closed on the face of the text, and this article mentions it only because it is printed. For the general time limit, see our post on section 23.
Summary table
| Element | What the section says |
|---|---|
| Starting point | Document registered after being accepted from a person not duly empowered to present it |
| Who may apply | Any person claiming under the document |
| Time | Within four months from first becoming aware that registration is invalid |
| Where | Office of the Registrar of the district where originally registered, under Part VI |
| Treatment | As if not previously registered; presentation treated as within time under Part IV |
| Effect | Deemed duly registered for all purposes from the date of original registration |
| Proviso | Three months from 12 September 1917 |
A practical example
Latha buys a flat from Mohan. Mohan's brother, who held no authority from Mohan, presents the sale deed and the Sub-Registrar registers it. Months later, Latha's lawyer notices the defect. Latha, as a person claiming under the document, has four months from first becoming aware to present the deed for re-registration at the Registrar's office of the district. If the Registrar is satisfied about the defect, he re-registers the deed, and it is deemed duly registered from the original date.
This is a general illustration of the text and not advice on any real transaction; the facts of every case differ.
Need help with a defective registration?
If you suspect that your deed was presented by someone who was not entitled to present it, act within the time the section allows. Our legal dispute resolution team can review the papers and advise on the route. State amendments and rules, and later amendments, should be checked, and fees are fixed by the State.
Key takeaways
- Section 23A applies to a document registered after being accepted from a person not duly empowered to present it.
- Any person claiming under the document may present it again within four months from first becoming aware that registration is invalid.
- Re-registration is at the Registrar's office of the district of the original registration, following Part VI.
- A document duly re-registered is deemed duly registered for all purposes from the date of original registration.
- The 1917 proviso is a closed, dated window as printed.
- Who is empowered to present is answered by sections 32 and 33.
Read next
- Sections 24, 26 and 27 of the Registration Act, 1908: documents executed at different times, abroad and wills
- Section 32 of the Registration Act, 1908: who can present a document for registration
- Time Limit for Registration of Documents -- Section 23
- Who Can Present Documents for Registration
Disclaimer: Based on a print of the Registration Act, 1908 marked as last updated on 9 July 2020, as consulted on 2 October 2026. State amendments and rules, later amendments, registration fees and stamp duty are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.