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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
Vijaya Kumaravel – Appellant
Versus
District Registrar, Palayamkottai – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned refusal check slip dated 25.01.2025 passed by the second respondent, thereby refused to register the sale deed executed by the petitioner's vendor in favour of the petitioner on the ground that the petitioner failed to produce the original parent document in respect of the property in S.No.17/4, situated at Kurippan Kulam Village, Tiruchendur Taluk, Thoothukudi 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's vendor owned the subject property and intended to sale the same in favour of the petitioner. After execution of the sale deed, it was presented 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 original 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 h
The court ruled that the insistence on original documents for property registration is arbitrary, lacking statutory support, and the rights of property owners must be protected.
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 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.
The insistence on original documents for property registration is arbitrary; certified copies suffice for verification, aligning with constitutional property rights.
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 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 absence of an original document cannot prevent the registration of a sale deed, affirming the buyer's right to transact property effectively.
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....
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 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.
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