Unapproved plots cannot be registered under the Registration Act and require regularization as per applicable rules.

ORDER :

G.K.Ilanthiraiyan, J.

This Writ Petition has been filed by the petitioners challenging the refusal check slip issued by the respondent dated 20.06.2024 thereby refusing to register the partition deed which was presented for registration.

2.The property comprised in Survey No.338/2A, new Survey No.565/9 to an extent of 66 cents situated at Manpothi, Keelacharivil, Thavanikadu, Melur Village, Shenkottai Taluk, Tenkasi District was purchased by the first petitioner's husband by the registered sale deed dated 28.03.2022 registered vide Document No.720 of 2022. Thereafter, the first petitioner's husband was issued patta and all the revenue records were mutated in his favour. In turn, he had executed family arrangement deed vide Document No.831 of 2024 thereby conveyed to an extent of 21-3/4 cents out of total extent of 66 cents in favour of the petitioners being his wife and two sons. In turn, the petitioners had partitioned the said property and executed partition deed dated 19.06.2024 and presented for registration. The respondent refused to register the partition deed on the ground that the subject land is unapproved/non-regularization house plot.

3.The learned counsel appearing for the petitioners would submit that the partition deed was executed by the petitioners who are none other than the family members. In fact, the entire property was executed by way of family arrangement deed by the husband of the first petitioner and father of the petitioners 2 and 3.

4.In respect of sub-division into house plots the provision under Section 22-A of the Registration Act, 1908 was inserted by the Tamil Nadu Amendment Act 2 of 2009 with effect from 20.10.2016. It is relevant to extract Section 22-A of the Act, 1908 hereunder:-

“22-A. Refusal to register certain documents .—

Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:—

(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—

(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;

(ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;

(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or

(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995, unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;

(2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned:

Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.

Explanation I.—For the purpose of this section ‘local authority’ means,—

(i) any Municipal Corporation constituted under any law for the time being in force; or

(ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 ; or

(iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 ; or

(iv) any other Municipal Corporation, that may be constituted under any law for the time being in force.

Explanation II.—For the purpose of this section ‘planning authority’ means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Pla