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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Vijayalakshmi – Appellant
Versus
District Registrar, Madurai South District Registrar Office, Madurai District – Respondent
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 26.12.2024 issued by the second respondent, thereby refused to register the gift settlement deed executed by the petitioner in favour of her daughters on the ground that the petitioner failed to produce the original parent document in respect of the property in S.No. 618/1, situated at Sollavanthan Village, Madurai.
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 her daughters. After execution of the gift settlement deed, it was presented for registration before the second respondent. However, the second 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 25.03.2024 held that the
Refusal to register a transfer document based solely on the absence of original parent documents violates property rights and legislative intent, allowing for subsequent transfers despite prior encum....
The insistence on producing original documents for registration can constitute an arbitrary exercise of power, contravening property rights and registration laws.
The court ruled that the insistence on original documents for registration of property deeds is arbitrary and not legally justified, affirming the sufficiency of certified copies.
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 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....
Registration procedures cannot unjustifiably hinder the transfer of property rights, prioritizing legal ownership documentation over strict adherence to original document requirements.
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 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.
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 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....
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