Co-sharers have an inherent right to alienate their undivided shares in joint property without needing consent from other co-sharers, and Sub-Registrars must accept deeds presented for registration.

Judgment :

A.C. Behera, J.

This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the Sub-Registrar, Lakhanpur (Opposite Party No.3) in the district of Jharsuguda to accept the deed for sale of the petitioner for registration, because, the Sub-Registrar, Lakhanpur (Opposite Party No.3) orally refused to receive the deed for sale of the petitioner stating that, the petitioner is wanting to sell his joint and undivided properties without the consent and signatures of his co-sharers, for which, he(Opposite Party No.3) will not receive that deed for sale of the petitioner.

2. Heard from the learned counsel for the petitioner and learned Additional Sanding Counsel for the Opposite Parties.

3. The law is very much clear that, Sub-Registrars cannot orally refuse to receive any deed for sale, when the same is presented for registration. The Sub-Registrars including Opposite Party No.3 are bound to receive the deed presented for registration and after receiving the deed, they(Sub-Registrars) may register the deed or to refuse to register the same assigning reasons for non-registration of the same, if that deed is not legally fit for registration.

4. According to The Registration Act, 1908 and The Orissa Registration Rules, 1988, when a document is presented for registration, it is the duty of the Sub-Registrar to receive the same, but, if the said document is not fit as per law to be registered, then, the Sub-Registrar may refuse to register the same assigning the reasons in writing for its non-registration.

5. On this aspect, the propositions of law has already been clarified in a decision 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) and in a case between Antaryami Nayak Vs. State of Odisha & Others in WP(C) No.18548 of 2025 decided on 11.07.2025 that,

“the Sub-Registrar/Registrar, cannot orally refuse to receive the document, he/she is to receive the same. If that document is not legally fit for registration, then, he/she may refuse to register the same assigning reasons in writing for its non-registration.

6. Section 44 of the T.P. Act, 1882 provides inherent right/power to the co-sharer of a joint property like the petitioner in this writ petition to transfer/alienate his undivided share in his joint property without the consent of his co-sharer or co-sharers and the Sub- Registrars including Opposite Party No.3 has no power to refuse to receive the deed, if the same is presented for registration by a co- sharer like the petitioner in this matter at hand, even without the consent and signatures of his co-sharers as vendors with the petitioner.

Because, as per law, every land owner like the petitioner has his inherent right under Section 44 of the T.P. Act, 1882 to alienate his interest in the joint and undivided properties. Any instruction or circular issued by the Government cannot prohibit the land owner (who is the master of his own land) from alienating his share and interest in the joint and undivided property without the consent and signatures of his co-owners (co-sharers). Because, any circular or notification of the Government contrary to the statutory provisions cannot nullify the statutory rights of the land owner for alienation of his undivided interest in the joint and undivided properties.

On this aspect, the propositions of law has already been clarified in the decision between Damodar Mishra Vs. State of Odisha and Others decided on 03.04.2025 in WP(C) No.4340 of 2025, wherein, it has been held that,

As per Section 44 of the T