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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
G. Shankar Raj – Appellant
Versus
Joint Sub Registrar, Virudhunagar – Respondent
| Table of Content |
|---|
| 1. challenge of refusal to register settlement deed. (Para 1 , 3) |
| 2. the petitioner challenged the refusal to register a settlement deed based on non-submission of original documents. (Para 2) |
| 3. legal basis for registration requirements and appeals. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. judgment quashing refusal and directing registration. (Para 10 , 11) |
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 11.12.2024 passed by the respondent, thereby refused to register the settlement 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 settlement deed 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 Additional Government Pleader appearing for the respondents submitted that
Compliance with registration rules must not infringe on constitutional rights; certified copies may suffice for registration.
The refusal to register a settlement deed based on the non-production of the original document is arbitrary when authenticated copies are available, and it violates principles from the Transfer of Pr....
The refusal to register property documents based on non-production of original deeds is not permissible when certified copies are available, aligning with the Transfer of Property and Registration Ac....
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 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 the non-production of the original parent document is arbitrary and not supported by law, allowing registration based on certif....
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....
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.
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.
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