Allowed

Mrs.Shanti Devi Sharma @ Shanthi Sharma, v. The Sub Registrar

Madras HC1 Apr 2021WP/8412/2021

Case brief

AI extract

What is this about?

The Court addressed a writ petition seeking a Mandamus to fix a specific date for the registration of a settlement deed, considering the petitioner's age and health and the online registration process. The Court allowed the petition and directed the Sub Registrar to register the deed at the petitioner's residence.

What did the court decide?

Directed the Sub Registrar to register the settlement deed at the petitioner's house and accepted a certified copy of the parent document with an affidavit in lieu of the original.

Mrs.Shanti Devi Sharma @ Shanthi Sharma, Vs The Sub… — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.04.2021

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CORAM : JUSTICE N.SESHASAYEE

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W.P.No.8412 of 2021

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Shanti Devi Sharma @ Shanthi Sharma ...Petitioner

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Vs.

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1.The Sub Registrar Office of the Sub Registrar No.21, GST Trunk Jai Bheem Nagar Guduvancherry Chennai – 603 202.

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2.The Inspector General of Registration Office of the Inspector General of Registration No.100, Santhome High Road Chennai – 600 028. ...Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to fix a specified date and time for the petitioner to present herself at the office of the 1^st respondent for registration of the settlement deed dated 23.02.2021 as per petitioner's request dated 25.02.2021. For Petitioner : Mr.M.Mubarak Ahmad For Respondents : Mr.T.M.Pappiah Special Government Pleader

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Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to fix a specified date and time for the petitioner to present herself at the office of the 1^st respondent for registration of the settlement deed dated 23.02.2021 as per petitioner's request dated 25.02.2021.

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ORDER

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While appointments for registration shall have to be made through an online procedure, the petitioner requires an appointment by the Sub Registrar, to enable her to have the settlement deed dated 23.02.2021, registered.

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The learned counsel for the petitioner submitted that the petitioner is an octogenarian with certain comorbid ailments which put her life to this situation in these pandemic days, and hence, unless the time is specified by the authorities concerned, it might nigh difficult for her to venture out. Secondly, she does not have the original of the parent title deed.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr.T.M.Pappiah, learned Special Government Pleader entered appearance for the respondents, and submitted that the registration department has outsourced managing the online portal of M/s.Tata Consultancy Services and that if any party finds it difficult, it can use the helpline provided by the portal operator. Secondly, if the petitioner has difficulty in physically appearing before the Sub Registrar, she can as well apply to the Sub Registrar to have the documents registered at her residence. So far as providing the original parent title deed is concerned, the online procedure requires the same. This method is in vogue, essentially to curb registration of any fraudulent documents. And, where a party, which includes the petitioner, is not in a position to provide one, then it is sufficient that such party produces the certified copy of the document along with an affidavit as to why the original could not be produced.

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The petitioner is now directed to apply to the Sub
Registrar / first respondent herein forthwith to have the
registration of the settlement deed at the house of the
petitioner. So far as the other aspects are concerned, it is
only sufficient that the petitioner produces the certified copy
of the parent document along with the affidavit as indicated
above. The writ petition is disposed of accordingly. No costs.
s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
ds
To:
1. The Sub Registrar
Office of the Sub Registrar
No.21, GST Trunk
Jai Bheem Nagar
Guduvancherry
Chennai – 603 202.
2. The Inspector General of Registration
Office of the Inspector General of Registration
No.100, Santhome High Road
Chennai – 600 028.
W.P.No.8412 of 2021
PMK(CO)
SP(15/06/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Mrs.Shanti Devi Sharma @ Shanthi Sharma, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Mrs.Shanti Devi Sharma @ Shanthi Sharma, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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