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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
Shanmugavel – 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/1/2025 dated 03.01.2025 on the file of the respondent and quash the same and further directing the respondent to receive and register the mortgage discharge deed dated 02.01.2025 executed by the petitioner.
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 subject property belonged to one Gaja and he mortgaged the same to the petitioner vide a registered mortgage deed dated 13.07.2005. The said Gaja passed away on 30.07.2015 leaving behind his two sons and wife. His son redeemed the said mortgage by repaying the amount borrowed by his father. The petitioner executed a mortgage discharge deed dated 02.01.2025 and presented 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 tha
The court ruled that the insistence on original documents for registration of a mortgage discharge deed is arbitrary and not supported by law, affirming the right to deal with property.
The court ruled that registration of property documents cannot be arbitrarily denied based on non-production of original documents when certified copies are available, affirming property rights under....
The insistence on producing the original parent document for registration of a release deed lacks statutory authority and is deemed arbitrary, as registered copies should suffice under the law.
Refusal to register a release deed based on non-production of the original document is arbitrary and undermines the property rights of parties, allowing documentation verification through registered ....
The court held that the failure to produce original parent documents does not justify the refusal to register a deed when certified copies can be verified, reinforcing property rights and registratio....
Insistence on original documents for registration is unlawful when certified copies exist; property transfers can occur even without original deeds, facilitating transactions under prevailing laws.
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 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 original documents is arbitrary and not supported by law, affirming the right to deal with property.
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