Nilakandan v. the Inspector General Registration
Registration of Documents – Sale deed – Original title document lost
Case brief
What is this about?
Madras High Court, Writ Petition No.10960 of 2025, decided 03.04.2025, single bench N. Anand Venkatesh J. Petitioner E. Nilakandan sought a writ of mandamus under Article 226 of the Constitution of India directing the Sub Registrar, Manalurpet (Villupuram District) to register his sale deed (executed 03.02.2025) without the original/mother title document, relying on certified copy registered 01.02.2020 vide Doc No.181/2010 and patta No.505. The Sub Registrar had refused registration because the original title deed was not presented. The Court held that insistence on the original document cannot be a condition precedent for registration and that a recital in the sale deed about the loss of the original and steps taken (police complaint, paper publication) suffices; registration to proceed if otherwise in order. Disposition: disposed, no costs. No precedents cited.
What did the court decide?
Writ petition disposed of with a direction that the second respondent shall entertain and register the sale deed once the petitioner includes a recital regarding the lost original document and steps taken, provided the document is otherwise in order; no costs.