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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, S.SRIMATHY, K.K.RAMAKRISHNAN
S.Hepziba Kasthuri Bai (died) – Appellant
Versus
A.S.A.Balachandran – Respondent
| Table of Content |
|---|
| 1. facts of the case and parties involved. (Para 4 , 5 , 6) |
| 2. arguments regarding the validity of the release deed. (Para 7 , 15 , 19) |
| 3. judicial interpretation of section 21(1) of the registration act. (Para 8 , 11 , 24 , 34) |
| 4. discussion around the legislative intent and sufficiency of property description. (Para 10 , 12 , 14 , 21 , 27) |
| 5. conclusion regarding the validity of universal release deeds. (Para 28 , 39 , 41 , 46) |
ORDER :
DR.G.JAYACHANDRAN, J.
1. In view of the conflicting judgments regarding the interpretation of Section 21 (1) of the Registration Act , 1908, the Division Bench of this Court while considering the Appeal Suit under Section 96 of CIVIL PROCEDURE CODE directed against the judgment and decree passed in O.S.No.21 of 2025 on the file of the Additional District Judge, FTC, dated 21.09.2023, had framed the following question for reference to the larger bench:
“Whether the registration of a universal release deed, which does not contain any description of property is void for not being no conformity with Section 21 (1) of the Registration Act ?”
2.The learned counsel appearing for the parties have placed their arguments in detail tracing the leg
A universal release deed requires sufficient property identification for validity under Section 21(1) of the Registration Act; total absence of description renders it void.
The Registration Act, 1908 outlines the procedure for registering deeds; this case clarifies fee categorization and jurisdiction for registration disputes.
Insistence on original documents for registration is unlawful when certified copies exist; property transfers can occur even without original deeds, facilitating transactions under prevailing laws.
Refusal to register a release deed based on non-production of the original document is arbitrary and undermines the property rights of parties, allowing documentation verification through registered ....
The court held that the failure to produce original parent documents does not justify the refusal to register a deed when certified copies can be verified, reinforcing property rights and registratio....
The court ruled that registration of property documents cannot be arbitrarily denied based on non-production of original documents when certified copies are available, affirming property rights under....
The insistence on producing the original parent document for registration of a release deed lacks statutory authority and is deemed arbitrary, as registered copies should suffice under the law.
Administrative rules cannot impose stricter requirements than statutory provisions regarding property transactions, particularly concerning document registration.
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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