Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
N. Senthur Pandian – Appellant
Versus
District Registrar, Virudhunagar District, Virudhunagar – Respondent
ORDER :
(G.K. ILANTHIRAIYAN, J.)
This writ petition has been filed challenging the impugned refusal check slip dated 13.01.2025 issued by the second 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 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 sale 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 a
The court ruled that the insistence on original documents for property registration is arbitrary and unsupported by law, affirming the right to deal with property as a constitutional right.
The registrar cannot refuse to register a property deed solely due to non-production of the original document when certified copies are provided and verifiable.
The court ruled that the refusal to register a sale deed based on non-production of the original parent document is arbitrary and violates the constitutional right to deal with property.
The non-production of an original parent document cannot be insisted upon when certified copies are available for verification in property registration processes.
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 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 insistence on original documents for property registration is arbitrary; certified copies suffice for verification, aligning with constitutional property rights.
Registration of deeds cannot be denied based on the absence of original documents when registered copies are available; such refusal is arbitrary and lacks legal basis.
The court ruled that insisting on original documents for property registration is arbitrary and violates the constitutional right to deal with property, as per the Transfer of Property Act.
The court ruled that registration of a sale deed cannot be denied solely for lack of original documents when certified copies are available, emphasizing the right to deal with property.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
