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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Ayisha Banu – Appellant
Versus
Sub Registrar, Sengottai – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 02.01.2025 passed by the respondent, thereby refused to register the sale deed on the ground that the petitioner failed to produce the original parent document in respect of the property in S.No.305/1, measuring to an extent of 3 1/2 cents situated at first street, Iraviyadharmapuram, Pudur Village, Sengottai Taluk, Tenkasi District.
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 intended to purchase the subject property and presented the sale deed 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 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
The absence of an original document cannot prevent the registration of a sale deed, affirming the buyer's right to transact property effectively.
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 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 ....
The court affirmed that a registrar cannot refuse to register a sale deed based solely on the absence of original parent documents, reinforcing property owners' rights and the authority of case law o....
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.
Immovable property transfer does not mandate original parent document production for registration, especially in familial contexts, aligning with principles of reasonable rights to property.
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 registrar cannot refuse to register a sale deed based on the absence of the original parent document when certified copies are available, emphasizing property rights under the ....
The refusal to register a sale deed based solely on the absence of an original parent document is arbitrary and against legal principles regarding property transfer registration.
Court ruled that registration of sale deeds cannot be arbitrarily refused for lack of production of original documents when copies are provided and verified.
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