IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Rajendra Kumar Biswal – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for deed registration. (Para 1) |
| 2. state's refusal basis on ongoing proceedings. (Para 2 , 3) |
| 3. sub-registrar's duty to accept documents. (Para 4 , 5) |
| 4. owners' rights to alienate their property. (Para 6 , 8) |
| 5. court's directive for deed registration. (Para 9 , 10 , 11 , 12 , 13) |
JUDGMENT :
1.This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioner praying for directing Sub-Registrar, Dhamnagar (O.P. No.3) to receive the deed for sale of the Petitioner for registration. Because, on dated 03.03.2025, the Petitioner had presented the deed for sale (Original or Annexure-1) before the O.P. No.3 for its registration, but, the Sub-Registrar, Dhamnagar (O.P. No.3) refused to receive the same stating that, he (O.P. No.3) cannot receive any deed for sale for registration in respect of transfer of part plot.
3. During the course of hearing, the learned standing counsel for the State submitted on the basis of the counter affidavit on behalf of the Opposite Parties that, in fact, the Sub-Registrar, Dhamnagar (O.P. No.3) is not allowing the registration of any deed for sale in respect of the properties o
Harihar Mohapatra & Others Vrs. Commissioner of Land Records and Settlement Orissa & Others
The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.
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.
The Sub-Registrar must register the documents or provide a reasoned order for refusal under the Indian Registration Act, 1908.
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