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S. SOUNTHAR
Venugopal – Appellant
Versus
Inspector General of Registration – Respondent
ORDER :
S.Sounthar, J.
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the 2nd Respondent vide Refusal Check Slip bearing Refusal Number. RFL / CHENNIMALAI / 25 / 2024 dated 30.04.2024 and quash the same and consequently direct the 2nd respondent to register Settlement Deed dated 30.04.2024 without insisting the production of original title document.
The writ petition is filed challenging Refusal Check Slip issued by the 2nd respondent refusing to register the Settlement Deed presented by petitioner for registration on the ground that the petitioner failed to produce the original title document of the Settlor by relying on Rule 55-A(i) of the rules framed under Registration Act, 1908.
2. According to the petitioner, the property which is sought to be settled was originally belonged to Chennimalai Gounder and his son Kailasanathan. The petitioner purchased the same under registered Sale Deed executed by the above said persons dated 04.06.1980. The petitioner executed a Settlement Deed in respect of the said property in favour of his wife-Revathi and
The court established that the requirement for original title documents under Rule 55-A(i) is not absolute and can be satisfied through alternative means in cases of loss.
Registration refusal based solely on non-production of original title documents infringes property rights; alternatives like affidavits and online verification are admissible for registration.
Rule 55A of the Tamil Nadu Registration Rules is inconsistent with the Registration Act, 1908, and the Transfer of Property Act, 1882, as it improperly mandates original documents for registration wh....
Rule 55A of the Tamil Nadu Registration Rules is inconsistent with the Registration Act, 1908, and the Transfer of Property Act, 1882, making the insistence on original documents for registration unn....
Non-production of original documents cannot justify refusal to register a settlement deed when certified copies are available, affirming the constitutional right to property.
The Registering Officer must verify original documents for property registration to prevent fraud, and parties claiming rights must establish their claims before a competent court.
Provisions requiring original documents for registration are unconstitutional; certified copies suffices as valid evidence for property documentation when originals are unavailable.
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