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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Saravanan – Appellant
Versus
Sub Registrar Aranthangi, Pudukottai District – Respondent
ORDER :
G.K.ILANTHIRAIYAN, J.
This writ petition has been filed challenging the impugned refusal check slip dated 18.12.2024 passed by the respondent, thereby refused to register the sale deed executed by the petitioner in favour of one Vahitha W/o. Abdullah, in respect of the property comprised in Survey No. 297/5A, to an extent of 11 cents situated at Melmangalam village, Aranthangi Taluk, Pudukottai District, 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 owned the subject property and intended to sell the same. After execution of the sale deed, it was presented for registration before the respondent. However, the 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 Special Government Pleader appearing for the respondent submitted that the Hon'ble Division Bench of this Court in W.A.No.271
The refusal of registration of a sale deed solely on the ground of non-production of the original document is arbitrary and violates the principles of property transfer rights.
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.
The registration of property sale deeds cannot be arbitrarily denied based on the non-production of original parent documents when valid certified copies are provided, safeguarding the right to prope....
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 refusal to register a sale deed based on non-production of the original parent document is arbitrary and violates the constitutional right to deal with property.
Court ruled that registration of sale deeds cannot be arbitrarily refused for lack of production of original documents when copies are provided and verified.
The court ruled that a sale deed cannot be denied registration solely for lack of original documents when certified copies are available, affirming the rights to transfer property under the Transfer ....
The court ruled that a Sub Registrar cannot refuse to register a property transfer solely for lack of original documents if verified copies are available, reinforcing property rights and challenging ....
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