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G. K. ILANTHIRAIYAN
Sheik Mohideen – Appellant
Versus
Sub-Registrar, (Document Registration Department), No. II-Joint Sub-Registrar – Respondent
ORDER :
G.K.Ilanthiraiyan, J.
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in Refusal No.RFL/No.2 Joint Sub-Registrar Serammahadevi/16/2024, dated 16.12.2024 passed by the respondent and to quash the same and consequently to direct the respondent to register the settlement deed presented by the Petitioner, dated 11.12.2024.
This writ petition has been filed challenging the refusal check slip issued by the respondent, dated 16.12.2024 on the ground that the petitioner failed to produce the original parent deed and also the mortgage is pending.
2. Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. The Petitioner owned property comprised in S.No.2/6, 21/2A, 21/2B, 21/3B1A, 21/3B1B, 21/3B2,21/3B3 and 21/3B4 of Chockalingapuram Village, Seranmahadevi Taluk, Tirunelveli District to an extent of 3 acre and 96 cents and the property comprised in S.No.21/3A to an extent of 3 acre and 96 cents and in S.No.21/3A of the
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 court established that the right to register a property sale deed cannot be denied based on the absence of original documents when certified copies are provided, reaffirming the principles of pro....
The court held that refusal to register a settlement deed based solely on non-production of the original parent document is unsound, recognizing the validity of certified copies.
Registration procedures cannot unjustifiably hinder the transfer of property rights, prioritizing legal ownership documentation over strict adherence to original document requirements.
The insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
Refusal to register a settlement deed based on non-production of original documents contravenes the right to property and lacks statutory authority under registration laws.
A registrar cannot refuse registration of a deed solely for lack of original documents, provided certified copies exist, affirming the right to deal with property under the Transfer of Property Act.
The court ruled that the insistence on original documents for registration of property deeds is arbitrary and not legally justified, affirming the sufficiency of certified copies.
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