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CS Professional · Drafting, Pleadings and Appearances · Laws relating to Drafting and Conveyancing

In a Gujarat registration office, Nisha submits a document for registration by electronic means. The Registrar objects that only physically lodged papers count as presented. Based on the Gujarat amendment to section 32 of the Registration Act, 1908, what is the correct position?

The objection fails. The Gujarat amendment adds an Explanation to section 32 stating that for that section the term 'document' includes a document presented by an electronic means, with no limit to optional documents or to presentation by advocates.

  1. AThe objection is valid because 'document' means only paper originals
  2. BFor section 32 purposes, 'document' includes a document presented by an electronic meansCorrect
  3. CElectronic presentation is allowed only for optionally registrable documents
  4. DElectronic presentation is allowed only if presented by an advocate

Explanation

The Gujarat Explanation to section 32 provides that for the purpose of that section the term 'document' includes the document presented by an electronic means. It makes no distinction between compulsory and optional registration, nor does it require an advocate.

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