Review of writ petition challenging a 2014 circular by the Puducherry Inspector General of Registration restricting the registration of powers of attorney for immovable property. The court found the circular aligned with the Registration Act and dismissed the petition.
Writ petition stands dismissed. Consequence: connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.37878 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.37878 of 2015 & M.P.No.1 of 2015
1.Annibal Joseph Nehru
2.Annibal Laetitia Sandra
...Petitioners
Vs.
Represented by the Secretary to Government - Cum-Inspector General of Registration, Department of Revenue and Disaster Management, Government of Puducherry, Puducherry – 605 001.
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of declaration declaring the circular issued by the first respondent herein in their proceedings No.104/SS(R)/PA/2013/P.F./143, Puducherry dated 03.02.2014, refusing to the Registrar the General Power of Attorney and transfer of undivided share of land in respect of certain persons without amending the law relating to registration under the
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Registration Act, 1908 or by relevant rules passed under section 69 of the Registration Act is illegal and unenforceable.
For Petitioner : Mr.T.Saikrishnan For Respondents : Mr.Ramaswamy Meyyappan, Government Advocate (Puducherry)
ORDER
The writ petition has been instituted challenging the circular dated
03.02.2014.
Registration, Puducherry, taking note of the fact that the immovable properties are to be transferred legally and lawfully by a registered deed like sale deed, conveyance etc. Execution of general power of attorney/special power of attorney etc., in respect of immovable property do not convey any title and thus, they are not legally recognised as the valid modes of transfer of immovable property as per the existing provisions of law. In order to clarify certain doubts and procedures, the Inspector General of Registration, Puducherry issued the impugned circular.
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for registration of power of attorney have been enumerated in consonance with the provision of the Registration Act. Thus, the very contention of the petitioner that the circular supersedes the provisions of the Act deserves no merit consideration, since there is no proof to establish the said ground.
13.07.2023
nl
Index : Yes Speaking order Neutral Citation : Yes
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To
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S.M.SUBRAMANIAM, J.
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13.07.2023
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3 issues framed by the court
Whether the circular issued by the Inspector General of Registration, Puducherry on 03.02.2014 regarding the registration of power of attorney is inconsistent with the Registration Act, 1908.
Whether the court should interfere with the administrative circular that mandates descriptions in power of attorney deeds.
The legality and enforceability of refusing to register general powers of attorney in immovable property without amendment of law.
6 provisions across 2 enactments
Annibal Joseph Nehru
Annibal Laetitia Sandra
Union of India
Secretary to Government - Cum-Inspector General of Registration
District Registrar, Puducherry
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
