Section 35 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.
After the executants appear (section 34), section 35 says what the registering officer does next. If everyone admits execution, he registers. If someone denies it, or appears to be a minor, an idiot or a lunatic, or is dead and his representative denies it, he refuses as to that person, and a Registrar then follows the procedure in Part XII. This article reads the section as per the text of the Act consulted. A denial of execution can turn into a contest, so a legal dispute resolution review of the deed and the facts early on is worth having.
The officer registers the document if all the persons executing it appear personally and are personally known to him (or he is otherwise satisfied they are who they say they are) and admit execution, or if a representative, assign or agent admits it, or if the executant is dead and his representative or assign appears and admits it (s.35(1)). He shall refuse to register as to the person who denies execution, who appears to be a minor, an idiot or a lunatic, or whose dead executant's representative denies execution (s.35(3)). A Registrar then follows Part XII.
Sub-section (1): when the officer registers
The officer shall register the document "as directed in sections 58 to 61, inclusive" in three situations:
- (a) all the persons executing the document appear personally before him and are personally known to him, or he is otherwise satisfied that they are the persons they represent themselves to be, and they all admit execution; or
- (b) in the case of any person appearing by a representative, assign or agent, that representative, assign or agent admits the execution; or
- (c) the person executing the document is dead, and his representative or assign appears before the officer and admits the execution.
The identity test has two limbs: personal knowledge, or being otherwise satisfied. The enquiry duties from section 34(3) work together with this. The steps that follow admission, namely endorsements, certificate and copying, are in sections 58 to 61, which we cover in our articles on sections 58 and 59, section 60 and sections 61 to 63.
Sub-section (2): examining others in the office
"The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office." This lets him question anyone present, such as an identifying witness, to confirm identity or for another purpose the Act contemplates.
Sub-section (3): when the officer must refuse
The officer "shall refuse to register the document as to the person so denying, appearing or dead" in three cases:
- (a) a person by whom the document purports to be executed denies its execution; or
- (b) a person by whom it purports to be executed appears to the officer to be a minor, an idiot or a lunatic (words as printed); or
- (c) a person by whom it purports to be executed is dead and his representative or assign denies its execution.
Notice the phrase "as to the person". The refusal is tied to the person denying, appearing, or dead. The Act does not say here that the whole document is rejected, and the effect on the others who admitted is not spelled out in this sub-section. The refusal is recorded and dealt with under Part XII, which begins with section 71; see our article on section 71.
The definition of "minor" is in section 2(8) (judged by the personal law the person is subject to) and of "representative" in section 2(10); see our article on section 2.
The provisos: Registrar and deemed Registrar
First proviso. "Where such officer is a Registrar, he shall follow the procedure prescribed in Part XII." Part XII is "Of Refusal to Register", sections 71 to 77.
Second proviso (printed "Provide further that"). The copy prints "Provide further that", a slip for "Provided further". The State Government may, by notification in the Official Gazette, declare that any Sub-Registrar named in it shall, in respect of documents the execution of which is denied, be deemed to be a Registrar for the purposes of sub-section (3) and of Part XII. The notification is not in the copy, so check your State.
What happens after a denial: the road ahead
Part XII gives routes after a refusal on a denial of execution. They are covered in this series as follows.
| Step | Section | Article |
|---|---|---|
| Record of the refusal and reasons | 71 | Section 71 |
| Appeal to the Registrar against certain refusals | 72 | Section 72 |
| Application to the Registrar when execution is denied | 73, 74 | Sections 73 and 74 |
| Registrar's order and procedure | 75 | Section 75 |
| Order of refusal by the Registrar | 76 | Section 76 |
| Suit to compel registration | 77 | Section 77 |
For the practical overview, see our guide on refusal to register: grounds and remedy.
A practical example
Arjun, Bina and Chetan sign a partition deed. At the counter, Arjun and Bina admit execution and are personally known to the officer, but Chetan says the signature on the deed is not his. Under section 35(3)(a), the officer shall refuse to register the document as to Chetan, the person denying. The deed is not registered as to him, and the next steps are those in Part XII. If Chetan had died before presentation and his heir denied the signature, section 35(3)(c) would produce the same refusal as to the dead executant.
Need help when a party denies a signature?
A denial of execution usually signals a deeper dispute about the transaction. Our legal dispute resolution team can assess the position, the evidence and the remedies available. State amendments and rules, fees and later amendments should be checked.
Key takeaways
- The officer registers where execution is admitted by the executants, or by a representative, assign or agent, or by the representative or assign of a dead executant.
- He may examine anyone present to satisfy himself on identity.
- He shall refuse as to a person who denies execution, appears to be a minor, an idiot or a lunatic, or is dead and whose representative or assign denies execution.
- A Registrar follows Part XII; a Sub-Registrar may be deemed a Registrar by State notification.
- The copy prints "Provide further that" in the second proviso.
Read next
- Section 71 of the Registration Act, 1908: refusal to register and recorded reasons
- Section 72 of the Registration Act, 1908: appeal to the Registrar against refusal
- Section 77 of the Registration Act, 1908: suit to compel registration after refusal
- Refusal to Register -- Grounds and Remedy
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.