Section 32 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.
Not just anyone can walk up to the registration counter with a deed. Section 32 lists who may present a document: the person executing or claiming under it, that person's representative or assign, or an agent duly authorised by a power-of-attorney executed and authenticated as the Act requires. This article reads the section as per the text of the Act consulted. If you plan to send an agent or have a deed drafted for presentation by someone else, our agreement drafting service can help you get the authority right.
Every document to be registered, whether registration is compulsory or optional, must be presented at the proper registration office by one of three kinds of person: (a) someone executing or claiming under the document, or in the case of a decree or order copy, claiming under it; (b) the representative or assign of that person; or (c) an agent of that person, representative or assign, duly authorised by a power-of-attorney executed and authenticated as the Act provides. Sections 31, 88 and 89 are exceptions.
The opening words
"Except in the cases mentioned in , every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration office". Three points arise.
- It covers compulsory and optional registration alike. There is no lighter rule for an optional document.
- "Proper registration office" is decided by Part V: land documents by section 28, others by section 29. See our articles on section 28 and sections 29 to 31.
- The three exceptions are section 31 (attendance at a residence), and sections 88 and 89, which are dealt with in later articles in this series on sections 85 to 88 and section 89.
Clause (a): the person executing or claiming under the document
The first category is "some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order". In a sale deed, the seller executes and the buyer claims under it. Either may present it. In a lease, the lessor and the lessee both qualify. For a decree copy the person claiming under the decree or order presents it. The Act does not require that every party appear to present; one qualifying person can present. (Appearance for the enquiry before the officer is a separate matter in section 34.)
Clause (b): representative or assign
The second category is "the representative or assign of such person". "Representative" has an inclusive definition in section 2(10), which covers the guardian of a minor and the committee or other legal curator of a "lunatic or idiot" (words as printed); see our article on section 2. An assign is someone to whom the person's interest has been transferred. So if the executant has died, or has assigned his interest, the representative or assign may present.
Clause (c): agent authorised by power-of-attorney
The third category is "the agent of such person, representative or assign, duly authorised by power-of-attorney executed and authenticated in manner hereinafter mentioned". Two conditions work together:
- the agent must be authorised by a power-of-attorney; and
- that power must be "executed and authenticated in manner hereinafter mentioned", which points to section 33.
Section 33 lists which powers-of-attorney are recognised for section 32 and says they "shall alone be recognised". We cover it in our article on section 33, and the practical side in our posts on registration with a power of attorney and how to register a power of attorney. A casual letter of authority, or a power-of-attorney that is not executed and authenticated as section 33 requires, does not meet clause (c) on the face of the text.
What happens if the wrong person presents
Section 32 states who "shall" present. If a document is accepted from a person not duly empowered, the Act provides a repair in section 23A, covered in our article on section 23A: re-registration within four months from first becoming aware of the invalidity. The point of section 32, for a buyer or seller, is to avoid needing it.
Related duties on the person presenting
Section 32A requires a person presenting a document under section 32 to affix his passport size photograph and finger-prints; see our article on section 32A. The officer then enquires into execution and identity under section 34.
Who may present: quick table
| Category | Who | Condition |
|---|---|---|
| (a) | Person executing or claiming under the document (or under a decree or order) | None beyond being such a person |
| (b) | Representative or assign of such person | Must stand in that capacity |
| (c) | Agent of such person, representative or assign | Authorised by a power-of-attorney executed and authenticated as section 33 requires |
A practical example
Reema sells a plot to Sunil. Reema is travelling and cannot be present. She gives her cousin Alok a power-of-attorney, executed before and authenticated by the officer section 33 names for her place of residence. Alok can present the sale deed under clause (c), on behalf of Reema. If Reema had only sent Alok a typed note saying "please present my deed", that would not be a power-of-attorney executed and authenticated as section 33 requires, and the clause (c) route would not be open on the text. Sunil, claiming under the deed, could present it himself under clause (a).
Need help sending an agent to register your deed?
If you cannot attend in person, the authority you give your agent must meet section 33 before the visit. Our agreement drafting team can prepare the deed and check that the person presenting it fits one of the three categories. State amendments and rules should be checked; later amendments too.
Key takeaways
- Section 32 applies to compulsory and optional registration alike.
- Three categories may present: those executing or claiming under the document, their representatives or assigns, and agents authorised by a power-of-attorney executed and authenticated as the Act requires.
- Sections 31, 88 and 89 are the exceptions.
- A power-of-attorney must meet section 33 to count.
- A document accepted from the wrong person can be repaired under section 23A, within four months from becoming aware.
- State rules and later amendments should be checked.
Read next
- Section 33 of the Registration Act, 1908: power of attorney recognised for presenting documents
- Section 32A of the Registration Act, 1908: photographs and fingerprints at registration
- Who Can Present Documents for Registration
- Registration with Power of Attorney -- Process
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.
