Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Franklin Fernando – Appellant
Versus
Sub-Registrar, Registration Department, Melapalayam, Tirunelveli District – Respondent
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 13.12.2024 issued by the respondent, thereby refused to register the settlement deed, which was executed by the petitioner in favour of his daughter, on the ground that the petitioner failed to produce the original parent document in respect of the property at Plot No.317, 318 to an extent of 4410 sq.ft, comprised in Old Survey No.349, and new sub-division Survey No.349/1A1 A1 A1 A1 in Joint Patta No.1408 at Muneerpallam Village, Palayamkottai Taluk, Tirunelveli 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 settle the same in favour of his daughter. After execution of the settlement 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 Additional Government Pleader a
Registration procedures cannot unjustifiably hinder the transfer of property rights, prioritizing legal ownership documentation over strict adherence to original document requirements.
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.
The court held that refusal to register a settlement deed based solely on non-production of the original parent document is unsound, recognizing the validity of certified copies.
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.
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 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 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 non-production of the original parent document is arbitrary and not supported by law, affirming the constitutional right to dea....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
