Section 4A: Power to enter and search

1[(1) Notwithstanding anything contained in the Registration Act,1908 or in any other law in force, no Registering Officer appointed under the said Act or law shall register any document or instrument relating to benami transaction or transaction in benami:[ Provided that the Registering Officer may, for the purpose of this sub-section seek the opinion or recommendation of the 2[authority notified under Section [ 3[4(a) of this Act.[ (2) Any Registering Officer refusing to register a document on instrument under the preceding sub-section (1), shall make an order of refusal in writing recording reasons thereof in Book No. 2 maintained by him under the Registration Act, 1908 and, shall also endorse the same on the document and instrument and the position shall be reported by him, giving particulars of the transaction thereof, to the committee or authority notified under Section 4[4(a) of this Act, and, on application made by any[, 5[executing or claiming under the document or instrument, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.[ (3) No Registering Officer shall accept for registration a deed, document or instrument so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. (4) Where a document or instrument is refused registration under this Section, any person claiming under such document or instrument or his representative, assign or agent, may, within 30 days after the making of the order of refusal or within such further period as may be allowed by court for sufficient cause, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document or instrument is sought to be registered, a suit for a decree directing the document or instrument to be registered in such office if it be duly presented for registration within 30 days after the passing of such decree. (5) If the document or instrument is duly presented for registration within 30 days after the passing of such decree, the Registering Officer shall obey the same and make necessary registration and such registration shall take effect as if the document or instrument has been registered when it was first duly prescribed for registration. (6) For purpose of jurisdiction by court and for court fee a suit under this section shall be deemed as it is a suit under Section 77 of the Registration Act, 1908. (7) Notwithstanding anything contained in the Central Evidence Act, 1872 or in any other law in force Act 1 of the onus of proving that the transaction is not in benami shall lie upon the person who assert it.