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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
Gowri – Appellant
Versus
Inspector General of Registration – Respondent
| Table of Content |
|---|
| 1. petitioner challenges registration refusal due to mortgage. (Para 1 , 2) |
| 2. mortgagee's rights do not bar transfer; court quashes refusal. (Para 3 , 4) |
| 3. writ petition allowed with no costs. (Para 5) |
ORDER :
G.R. SWAMINATHAN, J.
1. Heard the learned counsel for the writ petitioner and the learned Special Government Pleader for the respondents.
2. The petitioner's mother executed the petition mentioned sale deed in favour of the petitioner. It was presented for registration. The registering authority took the stand that since the petitioner's mother had already mortgaged the property in favour of one Mari Selvi for a sum of Rs.16,00,000/- (Document No.3211/2024), the settlement deed cannot be registered. To this effect, the impugned refusal check slip was issued. Challenging the same, the present writ petition came to be filed.
3. As rightly pointed out by the learned counsel for the petitioner, the issue raised in this writ petition is no longer res integra. A learned Judge of this Court in the decision reported in Abilasha Vs. District Registrar (Admin), 2021 (2) LW 546had held as follows:-
“7. Every mortgagor of an equitable mortgage by deposit of title deed is requir
Equitable mortgagors retain the right to transfer property despite an existing mortgage, and no No Objection Certificate from a bank is required for executing a settlement deed.
A settlement deed can be registered even if encumbrances exist, provided those encumbrances are acknowledged and continue post-settlement.
Non-production of original documents cannot justify refusal to register a settlement deed when certified copies are available, affirming the constitutional right to property.
A settlement deed's registration can be mandated upon proper verification of original documents and third-party claims under Section 34-C of the Registration Act.
The insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
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