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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
REVATI MOHITE DERE, NEELA GOKHALE
Grand Centrum Realty LLP – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. petition involves registration of sale agreements. (Para 1 , 2 , 3 , 4) |
| 2. registrar refused registration based on time limitation. (Para 5) |
| 3. pending litigation affected registration timelines. (Para 8) |
| 4. delay due to court orders excusable for registration. (Para 9 , 10) |
| 5. petitioner's request for registration granted. (Para 11 , 12) |
Judgment :
Dr. Neela Gokhale, J.
1. Rule. Rule made returnable forthwith. With the consent of all the parties, heard finally. Both the Petitions involve the same question of law on identical facts and hence both the Petitions are being disposed by this Judgment and Order.
2. This Writ Petition under Article 226 of the Constitution of India assails orders dated 16th June 2025 passed by the Respondent No.2- Sub-Registrar of Assurances-I, Jat, District -Sangli, bearing Outward No. Document registration/ 162/2025 & 163/2025 and also seeks a direction to the Respondent No.2 to register two Agreements for Sale, both dated 6th March 2018 executed by and between the Petitioner and Vidhyarthi Sahayak Mandal, Sangli, under the provisions of the REGISTRATION ACT of 1908.
3. The Petitioner’s case is that a trust namely Vidhyarthi Sahayak Mandal, S
Statutory time limits for registration can be excluded when delays result from external restraints beyond the party's control.
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.
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.
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.
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.
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.
Section 71 (3) places an embargo on the registering officer and he is interdicted from accepting any document for registration involving transfer including a contract for the sale of immovable proper....
The 15-day time limit for referring documents under the Indian Stamp Act is mandatory, and failure to comply requires the return of the document to the petitioner.
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