Back
ANIL KUMAR CHOUDHARY
Shivautar Baranwal, s/o late Baldeo Baranwal – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
1. Heard the parties.
2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 08.01.2018 contained in Memo No. 01 dated 15.01.2018, copy of which has been kept at Annexure-4 of the writ petition issued under the signature of the respondent no.3, the Deputy Commissioner, Deoghar in minutes of meeting of District Level Committee, Deoghar, whereby the application of the petitioner for issuance of land possession certificate for registration of land has been rejected by surpassing the letter no.195 dated 19.02.2016 issued by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand.
3. The brief facts of the case is that petitioner purchased a homestead land under jamabandi no. 12/3432 measuring 2531 sq. feet situated at Mouza Tharidulampur, Thana No. 403, Sub-Division, Sub-registry, Dist.-Deoghar from his vendor Rajballav Prasad. The land was initially acquired in favour of Raj Bahadur Mangtulal Tapuria vide LA. Case No. 23 of 1945-46 of the court of Sub-division Officer, Deoghar coupled
The registering authority must issue a land possession certificate if all legal requirements under the Registration Act are met, regardless of title irregularities.
Registration of a sale-deed cannot be denied if it is duly executed and meets legal requirements, regardless of the nature of the land.
Mere dispute of title would not ordinarily constitute a reason for refusal to register sale deed.
Mere dispute of title would not ordinarily constitute a reason for refusal to register sale deed.
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
The authority to annul a registered sale deed lies with civil courts, and a sale deed executed without the vendor having title is void ab initio, conferring no rights to the purchaser.
A Sub-Registrar has the independent authority to decide the registrability of deeds, and cannot refuse registration based on a District Registrar's clarification regarding leasehold status.
A Registering Authority must safeguard against unlawful property transfers and cannot autonomously confirm title based on assertions of adverse possession without a competent court's declaration.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
