The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.

Judgment : 

A.C. Behera, J.

This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Jatani in the district of Khurda (O.P. No.3) through issuance of writ of mandamus to complete the process of registration of the deed for sale (copies of which are Annexure-2 Series).

Because, the originals of Annexure-2 Series were presented by the petitioner on dated 10.07.2025 before the O.P. No.3 for registration, to which, the O.P. No.3 accepted, but refused to conclude the process of registration thereof informing orally to the petitioner that, she (petitioner)

does not have title over the land in question covered under the said deed for sale.

2. I have already heard from the learned counsel for the petitioner and learned Standing Counsel for the State (O.P. Nos.1 to 3).

3. It is the settled propositions of law that, Sub-Registrar like O.P. No.3 cannot orally refuse to register any deed for sale presented for registration.

Because, as per law, when any deed for sale is presented before the Sub-Registrar for registration, he/she (Sub-Registrar) either to register the said deed or to refuse to register the same indicating the reasons for non- registration of the same, if that document is not legally fit for registration.

The Sub-Registrar has no authority or jurisdiction under law to embark into the nature of right, title and character in respect of the subject matter of the deed for sale presented for registration.

If the deed in question is duly executed and sufficiently stamped and if there is no legal or formal defect therein, the Registering Authority cannot refuse to register that deed.

The Registering Authority cannot delve into the roving enquiry of the nature of right, title of the vendor in respect of the subject matter of the deed for sale presented for registration.

Even a person sells a property, that does not belong to him, in that situation also, there is no provision in the Registration Act to enable the Sub-Registrar to refuse the registration of the deed, unless that deed covers the provisions enumerated in Section 22-A of the Registration Act, 1908 for non-registration of the same.

4. On this aspect, the propositions of law has already been clarified in the ratio of the following decisions:-

(i) In a case between North East Infrastructure Private Limited and Ors. Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2) Civ.C.C. 220 (Andhra Pradesh) that, the Sub-Registrar/Registrar, cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same, and thereafter, either register such sale deed or any other document or pass a refusal order.

(ii) In a case between P. Pappu Vrs. Sub-Registrar, Rasipuram SRO, Rasipuram, Namakkal District reported in 2025 (2) Civil LJ 205 (Madras) that, even if a person sells a property that does not belong to him, there is no provision in the Registration Act, to enable the Registrar to refuse registration except Sections 22-A of the Registration Act.

(iii) In a case between Ajay Kumar Yadav Vrs. State of Jharkhand and others reported in 2024 SCC Online Jharkhand 2127 (at para No.8) that, if the said sale deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Court is of the considered view that, the Registering Authority cannot refuse to register the deed, if the same is presented for registration, as the Registering Authority is debarred from examining the nature of right, title and character in respect of the subject matter of the deed presented for registration, as the registering aut