Kalyanasundari.G v. the Sub Registrar
Case brief
What is this about?
The High Court disposed of a writ petition challenging the refusal to register a sale deed. The refusal was due to an unregistered Settlement Deed from which the vendor's title was derived, requiring compulsory registration under the Registration Act. The court held the impugned communication had no infirmity but noted the petitioner could execute a fresh instrument.
What did the court decide?
The writ petition is disposed of without any order as to costs; the petitioner is permitted to execute a fresh instrument fulfilling the requirements of the Registration Act 1908.
What the court decided
W.P.(MD).No.14086 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021 CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD).No.14086 of 2021 and W.M.P(MD)Nos.11051 & 11052 of 2021
G.Kalyanasundari ... Petitioner Vs.
1.The Sub Registrar, Ottanchathiram Registration Office, Dindigul District.
2.Ganesh Pandi ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, to call for records relating to the proceedings of the impugned order of the 1st respondent passed on 26.07.2021 vide order in RFL/Ottanchathiram/40/2021 and quash the same and further directing the 1st respondent to register the document, dated 26.07.2021 executed by the petitioner relating to land situated in old Survey No.128/2A1 admeasuring 2062 sqft plot in patta No.1101 at Ottanchathiram, Dindigul District.
For Petitioner : Ms.Chamundi Bose For Respondents : Mr.R.Baskaran Counsel for State for R1
ORDER
The petitioner challenges an order dated 26.07.2021 of the first respondent, whereby the petitioner's request for registration of sale deed dated 26.07.2021 was refused on the basis that the entitlement of the vendor under the sale deed has been traced to an unregistered Settlement Deed.
Issues for consideration
1 issue framed by the court
whether the refusal to register a sale deed based on the unregistered status of a Settlement Deed transferring the vendor's title was legally valid
Coram
SENTHILKUMAR RAMAMOORTHY
Case details
As recorded by the court registry
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