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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
Muthu Murugan – Appellant
Versus
District Registrar, Virudhunagar District – Respondent
| Table of Content |
|---|
| 1. first proviso to rule 55a (Para 4 , 5 , 6) |
| 2. insistence on original documents arbitrary (Para 7 , 8 , 9) |
| 3. impugned refusal check slip quashed (Para 10) |
ORDER :
This writ petition has been filed challenging the impugned refusal check slip dated 17.12.2024 passed by the second respondent, thereby refused to register the sale deed on the ground that the petitioner failed to produce the original parent document in respect of the subject property.
3. The petitioner presented the sale deed 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.
5. In the case of Federal Bank v. Sub-Registrar reported in 2023 2 CTC 289 , it is held that it is not open to the Inspector General of Registration to take a contra view and notify a subordinate legislation the effect of which is to completely render nugatory to the interpretation made by this Court. Ex-facie, the first proviso to Rule 55-A (i) is clearly illegal and is vitiated by a clear abuse of power.
“29. In the light of the above when we deal with the various provisions of
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 unsupported by law, affirming the right to deal with property as a constitutional right.
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 court ruled that the requirement for original documents for property registration is not absolute and must comply with statutory provisions, emphasizing the right to deal with property.
The court held that the refusal to register a sale deed based on the non-production of original documents is arbitrary and not supported by law, allowing registration based on certified copies.
The insistence on original documents for property registration is arbitrary; certified copies suffice for verification, aligning with constitutional property rights.
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.
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 registration of a sale deed cannot be denied solely for lack of original documents when certified copies are available, emphasizing the right to deal with property.
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