BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.K.ILANTHIRAIYAN, J
S.Navasakthi – Appellant
Versus
Sub Registrar – Respondent
ORDER :
This writ petition has been filed challenging the impugned refusal check slip dated 27.11.2024 passed by the respondent, thereby refused to register the partition deed executed by the petitioner on the ground that the petitioner failed to produce the original parent document in respect of the property and also failed to produce any receipt for redemption of mortgage.
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 owned the subject property and intended to partition the same. After execution of the partition deed, it was presented 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 Special Government Pleader appearing for the respondent 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 ultravir
Insistence on original documents for registration is arbitrary; certified copies are sufficient, affirming the right to deal with property without undue restrictions.
Property registration should accommodate certified copies to uphold the constitutional right to property, avoiding arbitrary denial under procedural rules.
The court ruled that the refusal to register a partition deed based on non-production of original documents is arbitrary, and subsequent transfers are permissible despite pending sale agreements.
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 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 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 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.
Court ruled that registration of sale deeds cannot be arbitrarily refused for lack of production of original documents when copies are provided and verified.
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....
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