BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Sakthi – Appellant
Versus
District Registrar Sivagangai District – Respondent
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 17.12.2024 passed by the second respondent, thereby refused to register the release deed on the ground that the petitioner failed to produce the original parent document in respect of the subject property.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner presented the release deed for registration before the second respondent. However, the second respondent refused to register the same on the ground that the petitioner failed to produce the parent deed in respect of the subject property.
4. The learned Additional Government Pleader appearing for the respondents submitted that the Hon'ble Division Bench of this Court in W.A.No.271 of 2024 dated 25.03.2024 held that the first proviso to Rule 55 A of the TAMIL NADU REGISTRATION RULES , 2000 is not at all declared as ultravires by this Court. The provisos to Rule 55 A are intact in Rule Books and therefore, it is to be complied scrupulously, whenever
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 property documents cannot be arbitrarily denied based on non-production of original documents when certified copies are available, affirming property rights under....
Refusal to register a release deed based on non-production of the original document is arbitrary and undermines the property rights of parties, allowing documentation verification through registered ....
The court held that the failure to produce original parent documents does not justify the refusal to register a deed when certified copies can be verified, reinforcing property rights and registratio....
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 registrar cannot refuse to register a property deed solely due to non-production of the original document when certified copies are provided and verifiable.
The non-production of an original parent document cannot be insisted upon when certified copies are available for verification in property registration processes.
The court ruled that the insistence on original documents for property registration is arbitrary and unsupported by law, affirming the right to deal with property as a constitutional right.
The court ruled that the insistence on original documents for registration of property deeds is arbitrary, as verified copies should suffice, asserting that subsequent transfers remain valid under pr....
Registration of deeds cannot be denied based on the absence of original documents when registered copies are available; such refusal is arbitrary and lacks legal basis.
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