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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Mohammed Assan – Appellant
Versus
Joint Sub Registrar No. II – Respondent
| Table of Content |
|---|
| 1. challenge to registration refusal. (Para 1 , 3) |
| 2. compliance with registration rules required. (Para 4 , 5 , 9) |
| 3. court’s reasoning on property transfer. (Para 6 , 7 , 11) |
| 4. court orders registration without original document. (Para 8 , 10) |
ORDER :
G.K. Ilanthiraiyan, J.
This writ petition has been filed challenging the impugned refusal check slip in Refusal Number RFL/Joint Sub-Registrar No.II, Tenkasi/41/2024, dated 26.3.2024 issued by the respondent and quash the same as illegal and unconstitutional and consequently to direct the respondent to forthwith register and release the deed of relinquishment, dated 26.3.2024 presented by the Petitioner, within the time fixed by this Court.
2.Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner and his brother K.Mubarak @ Abdul Mubarak jointly purchased the landed property in New Aya Nanaja in S.No.1052/4 admeasuring 36 cents and New Ayan Nanja in S.No.1053/2 admeasuring 7 cents totally 43 cents situate at Tenkasi Village through registered sale deed vide document No.862 of 2000, dated 24.4.2000 and they have equal share in the said land.While so the Petitioner had e
Administrative rules cannot impose stricter requirements than statutory provisions regarding property transactions, particularly concerning document registration.
The court ruled that the insistence on original documents for property registration is arbitrary and violates the constitutional right to property, as it is not supported by the Registration Act.
The court ruled that the refusal to register a sale deed based on the absence of original documents is arbitrary and violates the constitutional right to deal with property.
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 court ruled that registration of a sale deed cannot be denied based on non-production of original documents when certified copies are available, emphasizing the constitutional right to deal with ....
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 the refusal to register a sale deed based on non-production of original documents is arbitrary and not supported by law, affirming the right to deal with property.
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....
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....
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