BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Kaliyamoorthy – Appellant
Versus
District Registrar, Cantonment – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 23.12.2024 passed by the second respondent, thereby refused to register the gift settlement deed on the ground that the petitioner failed to produce the original parent document in respect of the subject property.
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 petitioner presented the gift settlement 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.
4. The learned Additional 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 A are intact in Rule Books and therefore, it is to be complied scrupulously, whenever documen
The insistence on producing original documents for registration can constitute an arbitrary exercise of power, contravening property rights and registration laws.
Refusal to register a transfer document based solely on the absence of original parent documents violates property rights and legislative intent, allowing for subsequent transfers despite prior encum....
The court ruled that the insistence on original documents for registration of property deeds is arbitrary and not legally justified, affirming the sufficiency of certified copies.
The court ruled that a Registrar cannot refuse to register a settlement deed based on the non-production of original documents when certified copies are provided, deeming such insistence arbitrary an....
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....
The court ruled that the refusal to register a settlement deed based on non-production of the original parent document is arbitrary and not supported by law, affirming the constitutional right to dea....
The court ruled that the refusal to register a settlement deed based on the non-production of the original parent document is arbitrary and not supported by law, allowing registration based on certif....
Compliance with registration rules must not infringe on constitutional rights; certified copies may suffice for registration.
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 court affirmed that subsequent transfers of property are valid and cannot be arbitrarily hindered by procedural rules lacking statutory backing.
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