Unauthorised presentation of a registered settlement deed is a jurisdictional defect; later registration cannot cure it or convey title.

A settlement deed presented for registration by an erstwhile power of attorney agent after the executant's death was treated as invalid because the presenter lacked statutory authority, and the defect was jurisdictional rather than a curable irregularity. Subsequent registration could not validate the defective presentation or convey title. The text further notes that ratification and estoppel were not established where only some heirs or a witness acted inconsistently with objection, and that adverse possession failed because continuous hostile possession for the statutory period was not proved, especially where any adverse claim could arise only after mortgage redemption.

---

---

Issues: (i) Whether a settlement deed presented for registration after the death of the executant by an erstwhile power of attorney agent, whose authority had ceased, was validly registered and could convey title. (ii) Whether the alleged acceptance by some heirs, attestation by the plaintiff's husband, or subsequent conduct barred the plaintiff's claim by ratification or estoppel. (iii) Whether the appellants had perfected title by adverse possession.

Issue (i): Whether a settlement deed presented for registration after the death of the executant by an erstwhile power of attorney agent, whose authority had ceased, was validly registered and could convey title.

Analysis: The provisions governing registration require presentation by a person entitled under the statute, namely the executant, a person claiming under the document, a representative or assign, or a duly authorised agent. Where the document is presented by one who has no authority to do so, the defect goes to the jurisdiction of the registering officer and is not a mere irregularity in procedure. The statutory protection for acts done in good faith cannot cure a want of jurisdiction. The presentation in the present case was by a person whose authority had already ended on the death of the principal, and the subsequent registration could not validate the defective presentation.

Conclusion: The registration was invalid and did not operate to convey title in favour of the settlees.

Issue (ii): Whether the alleged acceptance by some heirs, attestation by the plaintiff's husband, or subsequent conduct barred the plaintiff's claim by ratification or estoppel.

Analysis: Ratification was not shown by all the heirs entitled to object. At best, only some beneficiaries under the document and the plaintiff's husband had acted in a manner consistent with acceptance, but other heirs had not signified assent. Attestation of the document by the plaintiff's husband was made before any interest had accrued to him and therefore did not create an estoppel against the plaintiff. Mere participation as an attesting or identifying witness did not amount to a binding waiver of the plaintiff's proprietary claim.

Conclusion: Neither ratification nor estoppel was established against the plaintiff.

Issue (iii): Whether the appellants had perfected title by adverse possession.

Analysis: The properties had earlier been subject to a usufructuary mortgage, and the evidence did not establish continuous hostile possession adverse to the true owners for the statutory period. Any possible adverse claim could arise, at the earliest, only after redemption of the mortgage, and the suit was filed within twelve years from that date. Accordingly, the plea of adverse possession failed on facts and limitation.

Conclusion: The plea of adverse possession was rejected.

Final Conclusion: The challenge to the invalidity of the registration failed on every ground, and the plaintiff's entitlement to a share in the properties was upheld.

Ratio Decidendi: A document presented for registration by a person not authorised under the Registration Act suffers from a jurisdictional defect that cannot be cured by the subsequent act of registration or by section 87 protection for procedural irregularities.

---