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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
K.Sulaiman – Appellant
Versus
Sub Registrar, Ponnamaravathi – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 15.04.2024 passed by the respondent, thereby refused to register the settlement deed executed by the petitioner in favour of his wife on the ground that the petitioner failed to produce the original parent document in respect of the property in S.No.660-1, situated at Ponnamaravathi West Village, Thirumayam Taluk, Pudukkottai.
2. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner owned the subject property and intended to settle the same in favour of his wife. After execution of the settlement deed, it was presented 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 in respect of the subject property.
4. The learned Special Government Pleader appearing for the respondents 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
The insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
The refusal to register property documents based on non-production of original deeds is not permissible when certified copies are available, aligning with the Transfer of Property and Registration Ac....
The refusal to register a settlement deed based on the non-production of the original document is arbitrary when authenticated copies are available, and it violates principles from the Transfer of Pr....
Compliance with registration rules must not infringe on constitutional rights; certified copies may suffice for registration.
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.
Registration procedures cannot unjustifiably hinder the transfer of property rights, prioritizing legal ownership documentation over strict adherence to original document requirements.
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....
The court affirmed that subsequent transfers of property are valid and cannot be arbitrarily hindered by procedural rules lacking statutory backing.
A registrar cannot refuse registration of a deed solely for lack of original documents, provided certified copies exist, affirming the right to deal with property under the Transfer of Property Act.
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