Section 75 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 75 is the last step of the enquiry that sections 73 and 74 start. As per the text of the Act consulted, if the Registrar finds that the document has been executed and that the requirements have been complied with, he must order it to be registered. The document is then presented within thirty days, registration takes effect as of first due presentation, and the Registrar has the powers of a civil Court for the enquiry.
If the Registrar finds the document executed and the requirements complied with, he shall order it to be registered. If the document is duly presented within thirty days after the order, the registering officer must obey and follow the procedure of sections 58, 59 and 60 so far as practicable, and the registration takes effect as if made when the document was first duly presented. For the enquiry the Registrar may summon witnesses and compel evidence as a civil Court and may direct who pays the costs.
Section 75(1): the order
"If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered."
The words "the said requirements" are those of section 74(b): the requirements of the law for the time being in force on the part of the applicant or person presenting the document. The Registrar's finding therefore has two parts, matching the two questions of section 74. Our article on the application to the Registrar when execution is denied sets out those questions. The sub-section says "shall": once both findings are made, the order to register follows; the text gives no discretion to refuse after those findings.
Registration is run by the States, and your State may have amended section 75 or made rules under section 69. This article explains only the central text; check the State position and any later amendment. If you have an application pending before a Registrar and want it prepared, our legal dispute resolution service can take it up with you.
Section 75(2): presentation within thirty days and obedience
"If the document is duly presented for registration within thirty days after the making of such order, the registering officer shall obey the same and thereupon shall, so far as may be practicable, follow the procedure prescribed in sections 58, 59 and 60."
| Step | Text of the sub-section |
|---|---|
| Time | Duly presented within thirty days after the making of the order |
| Duty | The registering officer shall obey the order |
| Procedure | So far as may be practicable, the procedure of sections 58, 59 and 60 |
Sections 58 and 59 are the endorsements and their dating and signing, and section 60 is the certificate of registration. Our article on the certificate of registration covers the last of them.
The phrase "duly presented" means the document must be presented as the Act requires. The order of the Registrar alone does not register the document; the document has to be presented again within the thirty days. The text consulted contains nothing in this sub-section about extending the thirty days.
Section 75(3): effect from first presentation
"Such registration shall take effect as if the document had been registered when it was first duly presented for registration."
This is a relation-back provision. The registration after the order takes effect as of the date of first due presentation, which is the date when the document was first duly presented to the Sub-Registrar or Registrar. The sub-section does not say anything further about rights that arose in the meantime, and this article does not add anything.
The same effect is stated in section 72(2) for a registration after an appeal; see our article on the appeal to the Registrar against refusal. Section 77(2) applies sub-sections (2) and (3) of section 75 to documents presented under a decree, which is dealt with in the article on the suit to compel registration.
Section 75(4): powers for the enquiry and costs
"The Registrar may, for the purpose of any enquiry under section 74, summon and enforce the attendance of witnesses and compel them to give evidence as if he were a civil Court, and he may also direct by whom the whole or any part of the costs of any such enquiry shall be paid, and such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908)."
Three powers are given.
- Summon and enforce the attendance of witnesses, as if he were a civil Court.
- Compel witnesses to give evidence, on the same footing.
- Direct by whom the whole or any part of the costs of the enquiry are to be paid. Such costs are recoverable as if awarded in a suit under the Code of Civil Procedure, 1908 (5 of 1908).
The section names the Code of Civil Procedure only as the measure of how costs are recovered. This article does not explain that Code; check the current law for the corresponding provision. The Act does not fix any amount of costs and none is stated here.
The powers attach to "any enquiry under section 74". They are available for the two questions that section sets: whether the document was executed and whether the requirements were complied with.
What section 75 does not say
- It does not describe the order if the Registrar is not satisfied. A refusal by the Registrar is dealt with in section 76, covered in our article on the order of refusal by the Registrar.
- It does not say how long the Registrar has to pass the order beyond the "as soon as conveniently may be" of section 74.
- It does not state a fee.
An example
Suppose Lalit has applied to the Registrar after the refusal of a sale deed because a purported executant denied execution. The Registrar summons the witnesses, takes their evidence as a civil Court would, and finds that the deed was executed and that Lalit complied with the requirements. He orders registration on 10 June and directs that Rekha, who denied execution without success, bear part of the costs of the enquiry; those costs are recoverable as if awarded in a suit under the Code of Civil Procedure.
Lalit presents the deed again on 25 June, within thirty days after the order. The registering officer obeys, follows the procedure of sections 58, 59 and 60 so far as practicable, and the registration takes effect as if the deed had been registered when Lalit first duly presented it.
Need help with an order to register?
An order of the Registrar is only half the job: the document has to be duly presented within thirty days after it. Our legal dispute resolution team can plan the steps and the papers so that the thirty days are not missed.
Key takeaways
- If the Registrar finds the document executed and the requirements complied with, he shall order it to be registered.
- The document must be duly presented within thirty days after the order; the registering officer then obeys and follows sections 58, 59 and 60 so far as practicable.
- The registration takes effect as if made when the document was first duly presented.
- For an enquiry under section 74 the Registrar may summon witnesses and compel evidence as a civil Court and direct who pays the costs.
- Costs are recoverable as if awarded in a suit under the Code of Civil Procedure, 1908; check the current law for the corresponding provision.
- Check your State's amendments and rules and any later amendment.
Read next
- Application to the Registrar when execution is denied: sections 73 and 74
- Order of refusal by the Registrar: section 76
- Suit to compel registration after refusal: section 77
- 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.