Back
S. M. SUBRAMANIAM
Vasanthi – Appellant
Versus
District Registrar, O/o. District Registrar, Cheyyar, Thiruvannamalai District – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the connected records relating to the order in Na.Ka.No.07/2022 dated 13.01.2022 passed by the second respondent and quash the same and consequently direct the second respondent to entertain the petitioner''s return Sale Deed document No.S01LANDVV202102259320820 for registration and consider the petitioner''s representation dated 09.11.2022 pending on the file of the first respondent.)
The order of rejection dated 13.01.2022 passed by the second respondent rejecting the Deed of Sale presented by the petitioner for registration, is under challenge in the present writ petition.
2. The petitioner states that she is the absolute owner of the property, more fully described in the present writ petition. However, there is a dispute exist between the petitioner and the third respondent, who is none other than the husband of the writ petitioner and a civil dispute in OS No.17 of 2021 is pending.
3. Since the civil suit between the parties are pending, the Sub Registrar refused to register the Sale Deed presented by the petitioner for registration.
4.
The absence of an interim order in a civil suit does not preclude the registration of a Sale Deed.
The Sub-Registrar cannot refuse to register a deed solely based on the pendency of a civil suit, as established by legal precedents, affirming property rights subject to litigation outcomes.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
The Registrar's decision under the Registration Act is summary in nature and limited in operation, and the Registrar's jurisdiction is narrower compared to the plenary jurisdiction of the Civil Court....
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.
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
