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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
S. Vidya – Appellant
Versus
State – Respondent
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 police complaint was lodged in this regard. A CSR receipt issued by the police authorities is enclosed in typed set. The petitioner also issue a public notice on 13.04.2022(English and 14.04.2022 (Tamil) in a local daily Newspaper with regard to missing of the document.
3. Now, the petitioner and other legal heirs of her husband executed
Registration refusal based solely on non-production of original title documents infringes property rights; alternatives like affidavits and online verification are admissible for registration.
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.
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....
Provisions requiring original documents for registration are unconstitutional; certified copies suffices as valid evidence for property documentation when originals are unavailable.
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