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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR
Sellappa Gounder @ Sellappan – Appellant
Versus
Sub Registrar, Komarapalayam – Respondent
ORDER :
1. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition is filed to quash the impugned order made in refusal check slip dated 27.09.2023 in RFL/Komarapalayam/116/2023 and consequently direct the respondent to register the settlement deed dated 27.09.2023 by verifying the certified copy of the parent document bearing No. 3423 of 1995 and 3113 of 2022 and Encumbrance certificates without insisting for Original Parent deed.
2. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondent and perused the materials available on record.
3. The case of the writ petitioner is that on 27.09.2023, the petitioner executed a settlement deed and presented the same for registration before the respondent. The respondent refused to register the same on the ground that original parent document has not been produced. Hence, the present Writ Petition has been filed for a direction to the respondent to register the settlement deed without insisting for production of original parent document.
4. I have perused entire records. This Court in Federal Bank Vs. Sub Regis
Provisions requiring original documents for registration are unconstitutional; certified copies suffices as valid evidence for property documentation when originals are unavailable.
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 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.
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 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....
The insistence on original documents for property registration without statutory backing is arbitrary, infringing on property transfer rights under Article 300A.
The court ruled that the insistence on original documents for registration of property deeds is arbitrary and not legally justified, affirming the sufficiency of certified copies.
The refusal to register property documents based on non-production of original deeds is not permissible when certified copies are available, aligning with the Transfer of Property and Registration Ac....
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