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 property rights and registration law.

ORDER :

Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records pertaining to the refusal check slip issued by the second respondent vide Refusal Number RFL/Melur (West)/34/2024, dated 4.12.2024 and to quash the same and consequently to direct the second respondent to register the sale deed presented before him in respect of the property in S. No. 38/4, 38/5, 38/10 and 39/5 situated in Ettimangalam Village, Melur Taluk, Madurai District.

1. This writ petition has been filed challenging the order, dated 4.120.2024, passed by the second respondent, thereby, refused to register the sale deed, which was presented by the petitioner for registration in respect of the subject property.

2. Mr. M. Sarangan, learned Additional Government Pleader takes notice for the respondents 1 and 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The Petitioner had purchased the aforementioned property by way of registered sale deed vide document No. 2027/1954, dated 2.8.1954 & Doc. No. 1140/1968, dated 230.5.1968 registered in the second respondent office. From the date of purchase, the Petitioner’s mother was in possession and enjoyment of the above said properties till her lifetime and after the demise of her mother, the Petitioner’s brother Dharmaraj also passed away on 3.10.2021 as a bachelor. The Petitioner’s father and another brother Mainvasagam also passed away. Therefore the above said properties came to the possession of the Petitioner and patta has also been issued to him vide patta No. 3574. Further original sale deed in favour of his mother is also found missing. Hence the Petitioner decided to register the present sale deed without the original deed before the second respondent on 4.12.2024 in TP/202505098/2024.Since the same was refused to be registered for want of original document, the Petitioner has filed the above Writ Petition for the aforesaid relief.

4. This issue has already been dealt with by the Hon'ble Division Bench of this Court recently in W.A. No. 1160 of 2024 by judgment dated 27.09.2024. The relevant portion of the judgment is extracted hereunder:

“7. The law relating to transfer of immovable property is governed by the substantial enactment namely, The Transfer of Property Act, 1882. The right to hold property and the right to be not deprived of property without reasonable compensation is a constitutional right ensured under Article 300A of the Constitution of India. Being a constitutional right, it is one step superior to even the fundamental rights, as there cannot be a reasonable restriction on the said right and no one can be deprived of the property without reasonable compensation. The right to hold the property also takes in its fold the right to deal with the property. No doubt, the second proviso to rule 55-A of the Tamil Nadu Registration Rules mandates that the original of the antecedent document should be produced to enable registration of a subsequent instrument. Of course, a way-out is provided namely, the production of non traceability certificate from the police department. We should also be conscious of the fact that any certificate from any Government department, as of today, comes only at a price for an ordinary citizen. An elaborate procedure has also been fixed for issuance of non traceability certificate. We have come across several instances where, because of the high pricing of and the complicated procedure involved in obtaining a non traceability certificate, instances of people obtaining non traceability certificate from the neighbouring States has increased.

8. The fundamental principle of law relating to transfer of immovable property is caveat emptor. A buyer of the property is required to be careful in not purchasing certain properties which are already encumbered or from person who does not have title. Even if a person sells a property