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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Arindam Sinha, Avnish Saxena
Kamlesh Singh – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner claims preferential right in inherited property. (Para 1 , 2) |
| 2. cancellation of registration does not declare a document null and void. (Para 3) |
| 3. registering authority lacks power to refuse registration based on title. (Para 4) |
| 4. official acts of registering authority protected under section 86. (Para 5 , 6) |
| 5. petitioner’s claim of pre-emption does not support challenge to registration. (Para 7 , 8) |
| 6. power of attorney must be properly authenticated for validity. (Para 9) |
| 7. challenge to official acts requires reliance on presented documents. (Para 10) |
| 8. underlying dispute is civil in nature; writ jurisdiction not exercised. (Para 11) |
| 9. writ petition disposed of. (Para 12 , 13) |
JUDGMENT :
1. Mr. Shreyas Srivastava, learned advocate appears on behalf of petitioner and submits, his client inherited half share in the property. Respondent nos.3 to 5 are his cousins and respondent no.6, purported purchaser of almost their entire aggregate half share. He relies on section 22 in Hindu Succession Act, 1956 and submits, his client has preferential right to acquire the property, when his cousins decide to sell their shares.
2. Challenge in the writ petition is agai
The registering authority's role is to ensure procedural compliance, not adjudicate title; challenges to registration must be based on valid documents and are subject to civil court jurisdiction.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
(1) Challenge to very execution of a document, is a challenge to its very DNA and any defect or illegality on execution, is congenital in nature.(2) Examining whether Registering Authority did someth....
The Sub Registrar must register a sale deed if procedural requirements are met, regardless of title disputes, as they lack adjudicative authority regarding ownership.
The Sub-Registrar must register deeds without oral refusals unless legal defects exist; title disputes are to be handled by civil courts.
(1) Appeal lies to Registrar against order of Sub-Registrar refusing to admit a document to registration, except where refusal is made on the ground of a denial of execution.(2) Execution of a docume....
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
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.
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
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