Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE N.SESHASAYEE, L.VICTORIA GOWRI
K.Ratnam – Appellant
Versus
District Registrar, Office of the District Registrar – Respondent
JUDGMENT :
L.VICTORIA GOWRI, J.
This writ appeal is directed against an order of the learned Single Judge dated 07.12.2018 dismissing W.P(MD)No.9633 of 2018.
2. The parties would be referred to by their rank before the learned Single Judge.
2.1. The writ petitioner had invited an adverse order from the District Registrar on an application made by him for cancellation of certain registered documents. The writ petition was filed challenging the said order.
2.2. The learned Single Judge had held that the writ petitioner had established the cause of action but proceeded to hold that he might not be entitled to the remedy in law.
2.3. The facts that lead up to the filing of the writ petition may be summarized and this Court hastened to add a cautioning statement that it shocks and chills the conscience of this Court.
● The writ petitioner certain Rathnam had purchased a block of 3.31 acres in several survey numbers under several sale deeds, all which, lie contiguously between 1982 and 2000. Sale deeds were obtained inter alia in the names of certain Vahitha Devi and Krishnaveni, the daughters of the petitioner.
● According to the petitioner, this block of 3.31 acres was enclosed by a compound w
The Registration Act does not empower registrars to cancel documents, which must instead be challenged in civil court for allegations of fraud.
The Registrar of documents does not possess the authority to cancel registrations based on allegations of fraud or forgery without substantive evidence, and such matters must be resolved through civi....
The main legal point established is that the power to cancel registered documents under Section 77A of the Registration Act is limited to cases of fraud or impersonation within specific provisions of....
A vendor cannot unilaterally cancel a registered sale deed as it conflicts with property law principles; disputes must be resolved in civil court.
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing regist....
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
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
