Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
Shyamsundar – Appellant
Versus
Sub Registrar, Thiruverumbur Sub Registration Office – Respondent
| Table of Content |
|---|
| 1. petitioner purchased property (Para 3) |
| 2. insistence on original documents (Para 4 , 5 , 6) |
| 3. insistence on original documents arbitrary (Para 7 , 8 , 9) |
| 4. writ petition allowed (Para 10) |
ORDER :
This writ petition has been filed challenging the impugned Refusal Check Slip issued by the Respondent vide RFL/ Thiruverumbur/414/2024, dated 18.12.2024 and quash the same as illegal and consequently directing the respondent herein not to insist the original documents and to register the sale deed presented by the petitioner within the time stipulated by this Court.
3. The petitioner purchased the subject property vide Doc.No.811/1978 from one Kaangammal to an extent of 1.62 cents and patta was granted in her name in Patta No.94. After demise of the said Kaangammal, her daughter-in-law decided to sell the remaining property in favour of the petitioner for valuable consideration. The petitioner presented the sale deed for registeration. However, the respondent refused to register the same on the ground that the petitioner has not produced the previous document in respect of the subject property.
5. In the case of Federal Bank v. Sub-Registrar reported in 2023 2 CTC 289 , it
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 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 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.
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 non-production of original documents is arbitrary and not supported by law, affirming the right to deal with property.
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 court ruled that the insistence on original documents for property registration is arbitrary and not supported by law, allowing registration based on certified copies.
The non-production of an original parent document cannot be insisted upon when certified copies are available for verification in property registration processes.
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.
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
