MADHAV J. JAMDAR
V. H. Property Solution LLP – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
(Madhav J. Jamdar, J.) :
1. By the present Writ Petition preferred under Article 226 of the Constitution of India, the Petitioner is challenging the legality and validity of the Order dated 27.03.2024 passed by the Joint Sub Registrar, Class-1, Kurla-4, Mumbai (“impugned Order”). The impugned Order reads as under :-
(Emphasis added)
English translation of the above as provided by the Petitioner is as follows :-
In that view it is inform that, after perused the said deed, the date of the execution of the deed is Dtd. 06/10/2015 as per Section 23 of the Registration Act, 1908 the registration of the said deed can be submitted for the registration within four months from the execution of deed and thereafter for month cane be produced with the stipulated penalty. Also in the deed of Conveyance produced by you in this office date of execution is 06/10/2015 the tenure of four months for the registration and the tenure thereafter of four months with penalty is ba
The court established that the time taken for stamp duty adjudication is to be excluded from the registration period under the Registration Act, facilitating the registration of documents.
(1) Object of Registration Act is not for securing revenue but maintaining record of documents of title in public interest – Payment of stamp duty under Amnesty Scheme will not have effect of alterin....
The main legal point established is that the time taken for adjudication should be excluded in calculating the registration period under section 23 of the Registration Act.
The time taken for compliance with obligations and stamp duty adjudication can be excluded when calculating the registration period under Section 23 of the Registration Act.
Time taken for stamp duty adjudication and compliance with obligations under a settlement deed is excluded from the registration period under Section 23 of the Registration Act.
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
The specific bar under Section 75(2) of the Registration Act and the implications of time limitations and fines under Sections 25 and 34 were central to the court's decision.
The Registering Authority cannot refuse to register a sale deed based on title disputes; procedural compliance is sufficient for registration under the Registration Act.
A Sub-Registrar cannot refuse registration of a deed based on questions of title or procedural delays in payment of stamp duty, as these are outside their jurisdiction.
Failure to adhere to the statutory time limit for document registration under Section 23 of the Registration Act voids any right to seek registration, regardless of payment of stamp duty.
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