A natural guardian can register a sale deed for a minor's property without court permission; non-registration based solely on the minor status of the property is invalid.

ORDER :

J. SATHYA NARAYANA PRASAD, J.

This writ petition has been filed challenging the refusal check slip issued by the second respondent and direct the second respondent to complete the registration of the sale deed dated 23.05.2024 executed by the petitioner.

2. It is the case of the petitioner that the petitioner's father Mr. K.Gurukeshav Kumar has settled his life interest in the subject property in favour of his only daughter G.Iniyazh over the property namely all that piece and parcel of 540/7200 sq. ft. of undivided share of land bearing Plot No.4675- A, Block No.1 D, New Door No.89, Old Door No.AA- 13, 2nd Avenue, Anna Nagar, Chennai 40, comprised in Old Survey No.6 part and 7 part, T.S.No.117, Block No.1 D, Naduvangarai Village together with building measuring an extent of 669.15 sq.ft., of the middle portion of the 2^nd floor including 1/3^rd share in the 5 feet common passage under settlement deed dated 10.01.2022 Document No.139 of 2022 on the file of SRO, Anna Nagar and thus his daughter Iniyazh has acquired absolute right over the subject property with full power of alienation. The petitioner presented the said sale deed for registration before the second respondent herein on 23.05.2024 after paying the stamp duty and registration charge. However, the second respondent herein has refused to register the same by alleging that since the subject property has been acquired by the minor, the same cannot be sold by the guardian without permission of the Court until the minor attains the age of majority and accordingly issued a refusal check slip bearing No. RFL/Anna Nagar/58/2024 dated 23.05.2024. Challenging the said refusal check slip, the petitioner has filed the present writ petition before this Court.

3. Learned counsel for the petitioner submitted that the second respondent has refused to register the sale deed on the ground that the property is owned by minor. As there is no bar under the REGISTRATION ACT to register the minor property through the natural guardian. The learned counsel further submitted that the sale of the property belonging to the minor is not void and it is voidable, at the instance of the minor. When the parties are entering into a contract knowing very well about the provision of law and taking risk. The registering authority cannot impose a condition to the petitioner to obtain a permission from the concerned Court.

4. Mr.Yogesh Kannadasan, learned Special Government Pleader takes notice on behalf of the respondents.

5. Heard the learned counsel for the petitioner as well as the learned Special Government Pleader appearing on behalf of the respondents and perused the materials available on record.

6. It is an admitted fact that the petitioner is the minor and she is an absolute owner of the subject property. On behalf of the petitioner, her mother being a natural guardian, had executed a sale deed. It is also an admitted fact that when the sale deed is presented for registration, the second respondent has refused to register same on the ground that she has to obtain a permission from the Court to sell the minor's property. According to the petitioner, the Registrar has no power to refuse to register the document.

7. For better appreciation, Section 19-A of the REGISTRATION ACT is extracted hereunder:

19-A. Refusal to register- Notwithstanding anything contained in this Act, the registration officer shall refuse to register any document presented to him for registration unless such document is accompanied by a true or photostat copy thereof

7.a. Section 20 of the REGISTRATION ACT deals power of r