BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
Anirudhan – Appellant
Versus
Sub-Registrar, Pandalkudi – Respondent
ORDER :
G.K.Ilanthiraiyan, J.
This writ petition has been filed challenging the impugned refusal check slip in RFL/Pandhalkudi/2/2025 dated 03.01.2025 on the file of the respondent and quash the same and further directing the respondent to receive and register the settlement deed dated 31.12.2024 executed by the Petitioner before the 2nd respondent without insisting on production of originals.
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 inherited the subject property through a registered partition deed dated 05.12.1977 and the petitioner executed a gift settlement deed in favour of his brother and submitted the same for registration. However, the respondent refused to register the same on the ground that the petitioner has not produced the original parent document in respect of the subject property.
4. The learned Additional Government Pleader appearing for the respondent submitted that the Hon'ble Division Bench of this Court in W.A.No.271 of 2024 dated 25.03.2024 held that the first proviso to Rule 55 A of
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.
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....
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....
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.
The insistence on producing original documents for registration can constitute an arbitrary exercise of power, contravening property rights and 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.
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