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2022 Supreme(Online)(MAD) 10079

HIGH COURT OF MADRAS
G.R.SWAMINATHAN, J
Rajendran – Appellant
Versus
The District Registrar – Respondent


O R D E R

Heard the learned counsel on either side.

2. The petitioner is an 84 years old senior citizen. He executed a settlement deed settling the properties in question in favour his daughter. However, the original title documents are not available. The petitioner is not able to lay hands thereon. He has given a complaint in this regard. The petitioner is ready to make paper publication in some Tamil daily having local circulation. The petitioner through his counsel informs the Court that he has not encumbered the property and he is willing to file an affidavit to that effect before the registering authority.

3. Now the only question that arises for consideration is whether the registration authority can decline to register the settlement deed on the ground that the parent documents have not been produced or the no objection certificates have not been produced. The issue on hand is no longer res integra. The learned counsel appearing for the petitioner relies the order dated 11.02.2021 made in W.P.(MD)No.19745 of 2020 (Sivanadiyan V. The Sub Registrar, Pudukottai District). Paragraph Nos.8, 9 and 10 of the said decision is as follows:-

“ 8.This Court is entirely in agreement with th

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