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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Urmila Samantaray – Appellant
Versus
State of Odisha – Respondent
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| 1. ordered registration of the deed per statutory requirements. (Para 5 , 7) |
| 2. court discussed the authority of the sub-registrar regarding deed registration. (Para 6) |
Judgment :
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).
does not have title over the land in question covered under the said deed for sale.
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.
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.
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.
4. On this aspect, the propositions of law has
The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.
A registering authority cannot refuse to register a deed based on the non-production of prior title documents; title determination is beyond its jurisdiction.
A registered power of attorney holder can present a deed for registration without the principal's presence, as the Registration Act mandates registration when properly executed.
Sub-Registrar must accept deeds for registration; statutory rights of landowners to alienate property prevail over executive instructions.
The Sub-registrar has no authority to refuse registration of a deed based on allegations of forgery, as disputes of title are exclusively within civil courts' jurisdiction.
The Sub-Registrar must register the documents or provide a reasoned order for refusal under the Indian Registration Act, 1908.
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
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