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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Jeyasankar – Appellant
Versus
District Registrar, O/o. the District Registrar, Tirunelveli District – Respondent
| Table of Content |
|---|
| 1. refusal of registration due to missing parent document. (Para 1 , 2 , 3) |
| 2. procedural compliance in document registration. (Para 4 , 5 , 6) |
| 3. constitutional rights in property law. (Para 7 , 8 , 9) |
| 4. order to quash refusal check slip. (Para 10) |
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 26.11.2024 passed by the second respondent, thereby refused to register the settlement deed executed by the petitioner in favour of his son J.Suthanraj, for the land comprised in Survey No. 26/9B, situated at Barani Nagar, Ponnakkudi Village, Melapalayam, Palayamkottai, Tirunelveli District, to an extent of 4.49 cents, in Plot No.10, on the ground that the petitioner failed to produce the original parent document in respect of the 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 owned the subject property and intended to sale the same. After execution of the settlement deed, it was presented for registration before the second res
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.
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.
Registration procedures cannot unjustifiably hinder the transfer of property rights, prioritizing legal ownership documentation over strict adherence to original document requirements.
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.
The court upheld that the refusal to register a settlement deed solely due to the absence of the original parent document is unconstitutional, emphasizing the need for compliance with statutory provi....
The court ruled that the refusal to register a settlement deed based on the non-production of the original parent document is arbitrary and not supported by law, allowing registration based on certif....
The court ruled that a Registrar cannot refuse to register a settlement deed based on the non-production of original documents when certified copies are provided, deeming such insistence arbitrary an....
The court affirmed that subsequent transfers of property are valid and cannot be arbitrarily hindered by procedural rules lacking statutory backing.
The court ruled that the refusal to register a settlement deed based on non-production of the original parent document is arbitrary and not supported by law, affirming the constitutional right to dea....
Compliance with registration rules must not infringe on constitutional rights; certified copies may suffice for registration.
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