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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
S. Vidya – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. refusal to register sale deed due to missing documents (Para 1 , 2 , 3) |
| 2. requirement of original documents for registration under registration act (Para 4) |
| 3. court observations on registration rules and property rights (Para 5 , 6 , 7) |
| 4. order to register sale deed upon fulfillment of specific conditions (Para 8 , 9) |
ORDER :
1. Aggrieved by the impugned Refusal Check Slip bearing Refusal No. RFL/1Tiruvallur/109/2024, dated 12.09.2024 issued by the first respondent refusing to register the Sale Deed dated 12.09.2024 executed by the petitioner in favour of one S.Yaminidevi on the ground that petitioner failed to produce her original parent documents, the petitioner has come up by way of this writ petition.
2. According to the petitioner, the property situated in Survey No.164/2A to an extent of 1947 sq. ft. Plot No.278 situated in Selliamman Nagar annex, Venmanmputhur village, Kadambathur Union, Tiruvallur District belongs to petitioner and her husband under registered Sale Deed dated 19.03.2008. It is further stated by the petitioner that, after the death of her husband, she shifted her house from Chengalpattu to Urappakkam, the title documents got misplaced and a p
Registration refusal based solely on non-production of original title documents infringes property rights; alternatives like affidavits and online verification are admissible for registration.
Final decree supersedes prior document under Section 34C; original production not mandatory if in court custody.
The court established that the requirement for original title documents under Rule 55-A(i) is not absolute and can be satisfied through alternative means in cases of loss.
The court established that the right to register a property sale deed cannot be denied based on the absence of original documents when certified copies are provided, reaffirming the principles of pro....
Non-production of original documents cannot justify refusal to register a settlement deed when certified copies are available, affirming the constitutional right to property.
Sub-Registrar cannot refuse registration citing prior sale agreement; requires original or non-traceable certificate under S.34-C.
Subordinate legislation cannot conflict with substantive law, and existing legal provisions sufficiently safeguard against fraudulent transactions without the need for original documents in all cases....
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