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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
N. Gnanaeswari – Appellant
Versus
District Registrar, O/o. District Registrar, Karur District – Respondent
| Table of Content |
|---|
| 1. challenge to refusal of registration. (Para 1 , 3) |
| 2. submission about compliance with registration rules. (Para 4 , 5) |
| 3. previous court rulings on property transfers. (Para 6 , 9) |
| 4. (Para 7 , 8) |
| 5. court's emphasis on registration process and requirements. (Para 10) |
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 12.12.2024 issued by the second respondent, thereby refused to register the partition deed, which was executed by the petitioner, on the ground that the petitioner failed to produce the original parent document in respect of the property comprised in S.No.775/1B to an extent of 2.99 acres, 775/2 to an extent of 3.35 1/4 acres, 771/1B to an extent of 2.12 1/4 acres and 772/2B to an extent of 1.42 acres situated at Varavanai Revenue Village, Kadavur Union Panchayat, Kadavur Taluk, Karur District.
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 partition the above said properti
Property registration should accommodate certified copies to uphold the constitutional right to property, avoiding arbitrary denial under procedural rules.
Insistence on original documents for registration is arbitrary; certified copies are sufficient, affirming the right to deal with property without undue restrictions.
The court ruled that the refusal to register a partition deed based on non-production of original documents is arbitrary, and subsequent transfers are permissible despite pending sale agreements.
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.
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.
Immovable property transfer does not mandate original parent document production for registration, especially in familial contexts, aligning with principles of reasonable rights to property.
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....
Court ruled that registration of sale deeds cannot be arbitrarily refused for lack of production of original documents when copies are provided and verified.
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