The court ruled that the refusal to register a partition deed based on non-production of original documents is arbitrary, and subsequent transfers are permissible despite pending sale agreements.

ORDER

This Writ Petition has been filed by the petitioner challenging the impugned refusal check slip issued by the respondent dated 07.12.2009 thereby refusing to register the partition deed which was presented for registration on the ground that the petitioner failed to produce the original parent document and also failed to cancel the executed sale agreement dated 07.12.2009 in respect of the property comprised in Survey No. 202/4 to an extent of 0.08.5 acres (21 cents) situated at Thenur Village, Vilangudi Sub Registrar Range, Madurai North Taluk, Madurai District.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The petitioner got the property comprised in Survey No.202/4 to an extent of 0.08.5 acres (21 cents) situated at Thenur Village, Vilangudi Sub Registrar Range, Madurai North Taluk, Madurai District, through his mother by virtue of registered gift settlement deed dated 23.07.2008. Being the title holder, the petitioner entered into a registered sale agreement deed on 07.12.2009 with one V.Pitchaipandi and the same was registered with the respondent office. Since the said Pitchaipandi had not come forward within the agreed period to complete the sale transaction, the sale agreement expired on 07.12.2012. While being so, the petitioner decided to execute a partition deed and presented the document for registration before the respondent. However, the respondent refused to register the same on the ground that the petitioner failed to produce the parent deed and also failed to cancel the executed sale agreement dated 07.12.2009

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 Tamil Nadu Registration Rules, 2000 is not at all declared as ultravires by this Court. The provisos to Rule 55 A are intact in Rule Books and therefore, it is to be complied scrupulously, whenever documents are presented for registration. Further, the second and third provisos to Rule 55A of the Registration Rules enumerates procedures to be followed in the event of non-availability of revenue records to be produced for registration. The presentant of a document is bound to comply with the conditions stipulated in Rule 55A for registering a document under the Registration Act.

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.

6.In the case of N.Ramayee vs. the Sub Registrar , in W.P.No.674 of 2020 dated 05.11.2020, the Hon'ble Division Bench of this Court held as follows:-

“29. In the light of the above when we deal with the various provisions of the Transfer of Property Act the question arises as to whether the transfer is restricted to one time in respect of the immovable property, unless the previous transfer or any agreement is set aside in the court of law, and other transfer is permissible? The answer is absolutely “No” for the following reasons:

The property of any kind may be transferred, except as otherwise provided by the transfer of property Act or by any other law for the time being, as provided in Section 6 of the Transfer of property Act.

30. Every person competent to contract and entitled to transferable property, or authorised to dispose of transferable property not his own, is competent to transfer such property either wholly or in part, and either absolutely or conditionally, in the circumstances, to the extent and in the manner allowed and prescribed by any law for the time being in force, as per Section 7 of the Transfer of Property Act. The reading of the abov