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THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, R.SAKTHIVEL
Saroja Swaminathan – Appellant
Versus
Sub-Registrar, Anna Nagar Sub-Registrar Office – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
1. Challenge in the Writ Petition was to the order of the Authorities refusing to register the sale deed dated 07.02.2022 executed by the petitioner alienating an extent of undivided share of 343 Sq.ft., out of 2 grounds and 287 Sq.ft. in Survey No.107, R.S.No.107/1A1A part of Koyambedu Village, which was purchased by her under a sale deed dated 24.08.2015 from the two individuals who happened to be the Directors of the 5th respondent.
2. The petitioner purchased the undivided share as stated supra and entered into a construction agreement with M/s.Jayaswathy Construction Pvt. Ltd., registered on 24.08.2015. The said construction agreement was registered as Document No.3674 of 2015 and an apartment measuring an extent of about 786 Sq.ft. was constructed there on. The sale deed executed by the petitioner on 07.02.2022 was presented for registration before the 1st respondent namely, Sub-Registrar, Anna Nagar. He refused to register the instrument on the ground that the 4th respondent herein had obtained an order of injunction restraining the owners from alienating the property in an arbitration proceeding and therefore, the document cannot be registered. Th
A prior sale transaction cannot be invalidated by subsequent injunctions as long as the title was acquired before the injunction was issued.
Point of Law : Refusal of registration of property - Once civil litigation is pending and an injunction order is granted preventing alienation, no alienation can take place.
The pendency of a suit does not prevent the registration of a transaction, as per Section 52 of the Transfer of Property Act, 1882.
The importance of registration under Section 60 of the Registration Act, 1908 and the role of the Sub-Registrar in completing the registration process.
An order of attachment does not bar the registration of a sale deed for properties not subject to the attachment; such sales are void only concerning the attached property.
An unregistered Agreement for Sale can be admitted as evidence in a suit for specific performance, and appellate courts should respect trial court discretion unless shown to be arbitrary.
An attachment order does not bar the registration of property documents if the underlying suit has been dismissed, emphasizing the need for proper communication of court orders to registration author....
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
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