Skip to content

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

Kavita executes a document that the law does not require to be registered, but she voluntarily wishes to register it. Her friend Rohan, who is neither a party to the document, nor claims under it, nor is the representative, assign or authorised agent of any such person, offers to present it. Applying section 32 of the Registration Act, 1908, what is the position?

Rohan cannot present it. Section 32 applies to every document registered under the Act, whether registration is compulsory or optional, and only executants, persons claiming under the document, their representatives or assigns, or their duly authorised agents may present it. Rohan fits none of these.

  1. ARohan may present it because registration is only optional
  2. BRohan may present it if he is an adult resident of the district
  3. CRohan cannot present it, as section 32 applies whether registration is compulsory or optionalCorrect
  4. DRohan may present it if two witnesses accompany him

Explanation

Section 32 states that every document to be registered under the Act, whether such registration be compulsory or optional, must be presented by the listed persons. Rohan falls in none of the categories. The idea that optional registration relaxes the rule is wrong.

Did you get it right without looking?

One question tells you little. A timed set on Laws relating to Drafting and Conveyancing shows your real accuracy, how long you take and where you lose marks.

Practise Laws relating to Drafting and ConveyancingFree diagnostic mock

More Laws relating to Drafting and Conveyancing questions