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Section 34

Enquiry before registration by registering officer

(1)
Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorised as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26:
Proviso

Provided that, if owing to urgent necessity or unavoidable accident all such persons do not so appear, the Registrar, in cases where the delay in appearing does not exceed four months, may direct that on payment of a fine not exceeding ten times the amount of the proper registration fee, in addition to the fine, if any, payable under section 25, the document may be registered.

(2)
Appearances under sub-section (1) may be simultaneous or at different times.
(3)
The registering officer shall thereupon—

(a) enquire whether or not such document was executed by the persons by whom it purports to have been executed;

(b)
satisfy himself as to the identity of the persons appearing before him and alleging that they have executed the document; and

(c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear.

(4)
Any application for a direction under the proviso to sub-section (1) may be lodged with a Sub-Registrar, who shall forthwith forward it to the Registrar to whom he is subordinate.
(5)
Nothing in this section applies to copies of decrees or orders.
State amendments (1 · Gujarat)

These are amendments made by State legislatures to this section as it applies in that State. The central text above remains the base law; verify the current local text against the State gazette.

Gujarat[Vide Gujarat Act 4 of 2020, s. 4]

Amendment of section 34 of XVI of 1908.—In the principal Act, in section 34,-- (i) after sub-section (1), the following sub-section shall be inserted, namely:-- “(1A) The registering officer may refuse to accept the non-testamentary documents relating to immovable property mentioned in sub-section (1) of section 17, if they are not accompanied by the— (a) proofs of identify of executing and claiming parties and witnesses;

(b)
proofs of authorization when the executant or claimant thereunder is representative or agent authorized by the person or entity whose document is so be registered;
(c)
sign or thumb impression/finger print (if the person is unable to sign) of one person from both executing and claiming parties, affixed on each and every page of the deeds submitted for registration;
(d)
proof that the principal is alive, in cases where the document is executed by the power of attorney holder on behalf of the principal.”;
(ii)
the following Explanation shall be added at the end, namely:- “Explanation.---For the purpose of this section the term “document” shall include the document presented by an electronic means.”.