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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C. Padma – Appellant
Versus
Sub-Registrar, Panagudi, Tirunelveli District – Respondent
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 10.01.2024 issued by the respondent, thereby refused to register the sale deed, which was presented by the petitioner for registration, on the ground that the petitioner failed to produce the original parent document in respect of the property in Door. No.2/267 to an extent of 2,178 sq.ft in Resurvey No.62/4A1C, situated at Thottiyanvilai Street, Chidamparapuram-Yakopuram Pnachayat, Palavur Village Part II, Radhapuram Taluk.
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 intended to purchase the subject property and presented the sale 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 the Hon'ble Division Bench of this Court in W.A.No.271 of 2024 dated 25.03.2
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.
The refusal of registration of a sale deed solely on the ground of non-production of the original document is arbitrary and violates the principles of property transfer rights.
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.
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 court ruled that the insistence on original documents for property registration is arbitrary and unsupported by law, affirming the right to deal with property as a constitutional right.
The absence of an original document cannot prevent the registration of a sale deed, affirming the buyer's right to transact property effectively.
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.
The court ruled that a Sub Registrar cannot refuse to register a property transfer solely for lack of original documents if verified copies are available, reinforcing property rights and challenging ....
The court ruled that the refusal to register a sale deed based on non-production of the original parent document is arbitrary and violates the constitutional right to deal with property.
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