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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.Ilanthiraiyan, J
A.Duraipandi – Appellant
Versus
Sub Registrar, Vilangudi Sub Registrar Office – Respondent
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
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.
Insistence on original documents for registration is arbitrary; certified copies are sufficient, affirming the right to deal with property without undue restrictions.
Property registration should accommodate certified copies to uphold the constitutional right to property, avoiding arbitrary denial under procedural rules.
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 ruled that a Sub Registrar cannot refuse to register a property transfer solely for lack of original documents if verified copies are available, reinforcing property rights and challenging ....
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 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 statutory requirement for presenting original documents is not absolute when certified copies are available, affirming the right to register property transfer without unreasonable demands.
The court ruled that the insistence on original documents for registration of property deeds is arbitrary, as verified copies should suffice, asserting that subsequent transfers remain valid under pr....
The court ruled that a Sub Registrar cannot refuse registration solely due to non-production of original documents, emphasizing the constitutional right to deal with property.
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