Sections 73-74 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.
Sections 73 and 74 give a person a route to the Registrar when a Sub-Registrar has refused to register a document because a person named as an executant denies having executed it. As per the text of the Act consulted, the application is made within thirty days after the order of refusal, must be in writing with a copy of the reasons, and must be verified like a plaint. Section 74 then says what the Registrar must enquire into. If a person has denied signing a document and you need to decide how to respond, our legal dispute resolution service can work through the options with you.
Where a Sub-Registrar refuses because a person by whom the document purports to be executed (or his representative or assign) denies its execution, a person claiming under the document may apply to the Registrar within thirty days after the order of refusal. The application is in writing, comes with a copy of the reasons recorded under section 71 and is verified in the manner required for plaints. The Registrar must enquire whether the document has been executed and whether the requirements of the law have been complied with.
Section 73(1): who may apply, to whom and within what time
Section 73(1) applies "When a Sub-Registrar has refused to register a document on the ground that any person by whom it purports to be executed, or his representative or assign, denies its execution". Three things are required:
| Element | What the text says |
|---|---|
| Ground of refusal | A person by whom the document purports to be executed, or his representative or assign, denies its execution |
| Applicant | Any person claiming under the document, or his representative, assign or agent "authorised as aforesaid" |
| Forum and time | The Registrar to whom the Sub-Registrar is subordinate, within thirty days after the making of the order of refusal |
The purpose of the application is "to establish his right to have the document registered".
The phrase "authorised as aforesaid" is printed without a pointer to the provision it refers back to. Section 32 deals with who may present a document, including through an agent, and our article on who can present a document for registration covers it.
This route is the counterpart of section 72. A refusal "on the ground of denial of execution" is excluded from the appeal under section 72, so it comes here; our article on the appeal to the Registrar against refusal sets out the other side.
Registration is run by the States, and your State may have amended these sections or made rules under section 69. This article explains only the central text; check the State position and any later amendment.
Section 73(2): form of the application
Sub-section (2) sets three requirements.
- The application "shall be in writing".
- It "shall be accompanied by a copy of the reasons recorded under section 71".
- The statements in it "shall be verified by the applicant in manner required by law for the verification of plaints".
The copy of the reasons is given on application, without payment, under section 71. Our article on refusal and recorded reasons explains how to get it. The section does not set out the verification format; it refers to the manner required by law for plaints, and the other law is not explained here. Check the current law for the corresponding provision on verification.
Section 74: the Registrar's enquiry
Section 74 applies "In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him". So the enquiry applies in two situations:
- an application under section 73 after a Sub-Registrar's refusal; and
- a denial of execution made before the Registrar himself, where the document was presented to him.
"The Registrar shall, as soon as conveniently may be, enquire" into two matters.
| Clause | The question |
|---|---|
| (a) | Whether the document has been executed |
| (b) | Whether the requirements of the law for the time being in force have been complied with on the part of the applicant or person presenting the document, so as to entitle the document to registration |
Note the second limb. Even if the document was executed, the Registrar must also be satisfied that the requirements of the law have been complied with on the part of the applicant or the person presenting it. A document that fails on clause (b) is not entitled to registration merely because execution is proved.
The words "as soon as conveniently may be" are the only timing direction; the text consulted fixes no number of days for the enquiry. What the Registrar does after the enquiry is in section 75 (the order to register and the procedure), covered in our article on the Registrar's order to register and procedure. The powers to summon witnesses and award costs for the enquiry sit in section 75(4).
What the sections do not say
- They do not say how a denial is proved or what evidence the Registrar must take. Section 74 only names the two questions.
- They do not provide for extension of the thirty days.
- They do not state any fee for the application.
- They say nothing about a denial by a person who is not named as an executant.
Practical points
Collect the copy of the reasons first; the application cannot be complete without it. The thirty days run from the making of the order of refusal. Draft the application so that its statements can be verified in the manner required for plaints, because each statement in it is to be verified by the applicant.
A document that a purported executant disowns is likely to need evidence on both limbs of section 74: that it was executed, and that the legal requirements have been met.
An example
Lalit buys a plot from Rekha's brother, who signed for Rekha under what is said to be an authority. The Sub-Registrar refuses to register the sale deed after Rekha appears and denies its execution, recording his reasons in Book 2 and endorsing registration refused.
Lalit, as a person claiming under the document, applies in writing to the Registrar within thirty days after the order of refusal, with a copy of the reasons, and verifies the statements as required for plaints. The Registrar enquires whether the document has been executed and whether the requirements of the law have been complied with on Lalit's part. If he is satisfied on both, section 75 provides for his order to register.
Need help where execution of a document is denied?
When someone denies signing a document, the question is how to prove execution and what the Registrar will look for. Our legal dispute resolution team can help you prepare the application and the supporting material.
Key takeaways
- The route applies where a Sub-Registrar refuses because a person by whom the document purports to be executed, or his representative or assign, denies its execution.
- A person claiming under the document (or his representative, assign or agent) may apply to the Registrar within thirty days after the order of refusal.
- The application is in writing, with a copy of the reasons under section 71, verified as plaints are verified.
- The Registrar enquires whether the document has been executed and whether the legal requirements have been met (section 74).
- The same enquiry follows a denial made before a Registrar of a document presented to him.
- Check your State's amendments and rules and any later amendment.
Read next
- Appeal to the Registrar against refusal: section 72
- Registrar's order to register and procedure: section 75
- Admission and denial of execution: section 35
- 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.