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S. M. SUBRAMANIAM, K. RAJASEKAR
Netvantage Technologies Pvt Ltd. , Represented by its Authorised Signatory Pankaj Nath – Appellant
Versus
Inspector General of Registration and Stamps – Respondent
JUDGMENT :
S.M. Subramaniam, J.
1. The present writ appeal has been filed challenging the order dated 01.11.2023 passed in WP No.20423 of 2023.
2. The writ petitioner-Company is the appellant before us.
3. The appellant purchased the subject property in Survey Nos.215/1B, 216/1C, 216/2B, 217/2 and 227/2 vide document No.4078 of 2007 dated 28.09.2007. The vendor to the appellant purchased the said property on 21.12.2004. The respondents 4 to 7 claiming title over the subject property submitted an application before the District Registrar-third respondent, seeking cancellation of the documents registered in favour of the vendor to the appellant in the year 2004 and the appellant in the year 2007. The District Registrar conducted summary proceedings and cancelled the said two Sale Deeds as fraudulent. An appeal under Section 77-B of the Registration Act [hereinafter referred to as the 'Act', in short], was filed before the first respondent-Inspector General of Registration, who in turn, confirmed the order passed by the District Registrar. Thus the appellant instituted the writ proceedings, challenging the order passed by the District Registrar under Section 77-A and the appellate order p
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 main legal point established is that the power to cancel registered documents under Section 77A of the Registration Act is limited to cases of fraud or impersonation within specific provisions of....
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 District Registrar lacks authority to nullify registered documents under the Registration Act, with such powers vested only in civil courts.
The Registrar of documents does not possess the authority to cancel registrations based on allegations of fraud or forgery without substantive evidence, and such matters must be resolved through civi....
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.
Section 77-A of the Registration Act is unconstitutional for excessive delegation of powers to cancel registered documents, violating principles of judicial independence and due process.
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing regist....
(1) Cancellation of sale-deed – Registrar has no power to cancel registered sale deed and State Government cannot by an executive order, confer such a power on Registrar.(2) Annulment of registration....
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