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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Janaki – Appellant
Versus
District Registrar, Kanyakumari – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 18.12.2024 passed by the second respondent, thereby refused to register the release deed executed by the petitioner on the ground that the petitioner failed to produce the original parent document.
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 release the same. After execution of the release deed, it was presented 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
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.
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....
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....
The refusal to register a sale deed based solely on the absence of an original parent document is arbitrary and against legal principles regarding property transfer registration.
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....
The court affirmed that a registrar cannot refuse to register a sale deed based solely on the absence of original parent documents, reinforcing property owners' rights and the authority of case law o....
The court ruled that a registrar cannot refuse to register a sale deed based on the absence of the original parent document when certified copies are available, emphasizing property rights under the ....
Registration of a sale deed cannot be refused based on non-production of original documents when certified copies are available, affirming rights under the Transfer of Property Act.
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