Back
S. M. SUBRAMANIAM
R. Subramanian – Appellant
Versus
District Registrar (Administration), O/o. The District Registrar, Namakkal – 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 records of the first respondent in Na.Ka.No.2873/A7/2022 dated 13.02.2023 quash the same and further direct the respondents from interfering with petitioner''s property as per Document Nos.4088/2011 and 4555/2016 on the file of the Sub Registrar, Tiruchengode.)
1. The enquiry notice issued by the first respondent-District Registrar in proceedings dated 13.02.2023, is sought to be quashed in the present writ petition.
2. The petitioner states that his father executed Settlement Deed on 09.04.2010 and there was an error in the said document. The said Settlement Deed was cancelled vide document No.4087 of 2011 and on the very same day, the father of the petitioner executed another Settlement Deed in respect of the subject property with correct details vide document No.4088 of 2011.
3. Pursuant to the said Settlement Deed, the petitioner is in peaceful possession and enjoyment of the subject property.
4. The second respondent filed civil suit in OS No.135 of 2011 on the file of the Sub Court,Tiruchengode for partition and for injunction. A p
The District Registrar can cancel a document under Section 77-A of the Registration Act, 1908, only in cases of fraud and impersonation apparent on the face of the record. Civil disputes between part....
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The fraudulent registration of Sale Deeds under the Registration Act, 1908 and the jurisdiction of the Civil Court to establish property title.
The Registering Authority cannot cancel registered documents or decide title issues, as these matters must be adjudicated by a competent Civil Court.
The powers of the District Registrar under the Registration Act are limited to summary proceedings and cannot replace the adjudication by the Civil Court of Law.
The unregistered settlement deed is not a valid document, and the declaration of document as null and void is to be made by the Competent Civil Court. Parties have to establish their case independent....
The central legal point established in the judgment is the limitation on the powers of the District Registrar and the need for adjudication of civil disputes by the Competent Civil Court of Law.
The power to declare a registered document as fraudulently registered deeds lies with the Civil Court and not the registering authority.
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
