R. SAKTHIVEL, R. SUBRAMANIAN
P. Pappu – Appellant
Versus
Sub Registar, Rasipuram SRO – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
Prayer : Appeal filed under Clause 15 of the Letters Patent, against the order dated 09.01.2024 made in W.P.No.242 of 2024.
Aggrieved by the dismissal of the writ petition challenging the refusal check slip issued by the Sub Registrar, Rasipuram dated 30.11.2023, the petitioner/appellant had moved this Court in W.P.No.242 of 2024. The refusal check slip was issued on the ground that the petitioner has not produced the original of the antecedent title deeds. The petitioner/appellant had sought to register a release deed dated 30.11.2023 in and by which, she sought to relinquish her rights over certain immovable properties in favour a brother. It is not in dispute that those properties belonged to the family and were allotted to the father of the executant / petitioner under the partition deed dated 04.10.1960 and the sale deed dated 18.01.1966. The revenue records that stood in the name of the father were also produced. The Sub Registrar, however, relied upon the second proviso to rule 55A(i) of the Tamil Nadu Registration Rules, refused to register the document and issued the impugned check slip. The petitioner, however, produced certified copies of those
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....
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....
Insistence on original documents for registration is unlawful when certified copies exist; property transfers can occur even without original deeds, facilitating transactions under prevailing laws.
The court ruled that insisting on original documents for property registration is arbitrary and violates the constitutional right to deal with property, as per the Transfer of Property Act.
The court ruled that the refusal to register a sale deed based on the absence of original documents is arbitrary and violates the constitutional right to deal with property.
The insistence on original documents for property registration is arbitrary; certified copies suffice for verification, aligning with constitutional property rights.
The insistence on producing the original parent document for registration of a release deed lacks statutory authority and is deemed arbitrary, as registered copies should suffice under the law.
The court ruled that registration of a sale deed cannot be denied solely for lack of original documents when certified copies are available, emphasizing the right to deal with property.
The court ruled that the requirement for original documents for property registration is not absolute and must comply with statutory provisions, emphasizing the right to deal with property.
The court ruled that the insistence on original documents for property registration is arbitrary and violates the constitutional right to property, as it is not supported by the Registration Act.
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