BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Nagammal – Appellant
Versus
District Registrar, Kanyakumari – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 20.11.2024 passed by the second respondent, thereby refused to register the 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 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 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 A are intact in Rule Books and therefore, it is to be complied scrupulously, whenever documents are pre
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 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 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.
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 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....
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 insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
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.
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