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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
Gowri – Appellant
Versus
Inspector General of Registration – Respondent
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 required to be registered as per the amendment as far as the State of Tamil Nadu is concerned. Therefore, no certificate is required from mortgagor to get a certificate from the bank with regard to the deposit of the title
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.
Non-production of original documents cannot justify refusal to register a settlement deed when certified copies are available, affirming the constitutional right to property.
The insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
The court held that refusal to register a settlement deed based solely on non-production of the original parent document is unsound, recognizing the validity of certified copies.
A registrar cannot refuse registration of a deed solely for lack of original documents, provided certified copies exist, affirming the right to deal with property under the Transfer of Property Act.
The refusal to register a settlement deed based on the non-production of the original document is arbitrary when authenticated copies are available, and it violates principles from the Transfer of Pr....
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