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SANJAY DWIVEDI
Virendra Builders and Developers (M/s. ) Pvt. Ltd. , Gwalior – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Of a note, the office objection regarding territorial jurisdiction has already been directed to be ignored vide order-sheet dated 2.3.2020. The instant petition is pending since 2020. The pleadings are complete and with the concurrence of learned counsel for the parties, who are ready to argue it finally, the petition is heard finally.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners are claiming the following reliefs:-
“2. By this petition filed under Article 226 of the Constitution of India, the petitioners are claiming the following reliefs:-
i. Respondents may kindly be directed to register the sale deed produced by the parties for registration and hand it over to the petitioner.
Any other relief which this Hon’ble Court deems fit in the facts and circumstances of the case may also kindly be granted.”
3. The facts in compendium are that on 25.1.2018 Shri Jairam, Sadaram and Ramratan sold certain land to the petitioners and submitted a sale-deed (Annexure-P/1) before the Sub Registrar for getting it registered with all requisite documents and stamp papers worth Rs.61,36,000/-. However, the Sub Registrar did not register the said
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.
The court affirmed that the indefinite retention of a duly submitted sale deed without a lawful order violates the Indian Registration Act, necessitating prompt registration.
Sub-Registrar must accept deeds for registration; statutory rights of landowners to alienate property prevail over executive instructions.
Registration authorities must hear third-party objections before deciding on sale deed registration and issue speaking order if refused.
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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