Registration of property cannot be denied due to encumbrance, as per established legal principles.

JUDGMENT

(Dated this the 19^th day of December 2025)

The petitioner has purchased 30 cents of property and had drafted a sale deed and presented before the respondent for registration. But the respondent did not register the same, on the ground that there is an attachment in the said property by the Sub court, Ottappalam in O.S. No.95 of 2012. Ext.P6 is the encumbrance certificate, which shows the attachment.

2. The contention of the petitioner is that the respondent has no authority to deny the registration on the ground that there is an attachment. Ext.P7 is a judgment of this court in W.P.(C) No.13672 of 2015, which dealt with the same issue in respect of the property which was the subject matter of the same suit namely, O.S. No.95 of 2012 pending before the Sub Court, Ottappalam. This court directed that if the purchaser has agreed to purchase the property with the encumbrance, the Sub Registrar need not be detained from carrying out registration only on the ground of encumbrance existing. The encumbrance will run with the property and same will be subject to the decision of the civil court.

Fathima v. Canara Bank

3. This court in (2025 SCC online Ker. 3453) held that registration cannot be denied merely there is an attachment by a competent Civil or Family court and Article 226 of the Constitution of India can be invoked for an issuance of a writ of mandamus.

In view of the settled position of law and the Ext.P7 judgment, I direct the respondent to carry out the registration, if the sale deed is presented and the same is otherwise in order, within a period of one month from the date of receipt of a copy of this judgment.

This Writ Petition is disposed of with the above said direction.