P.R.Rathinam Vs the District Registrar — Writ and Judicial Review | Madras HC (2025)

P.R.Rathinam Vs the District Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner to re-present the Sale Deed dated 26.12.2024 with an affidavit that the original title document is lost and unable to be traced, enclosing the newspaper advertisement regarding the loss and the intention of the seller to convey; on fulfilling these conditions the 2nd respondent shall entertain and register the document if otherwise in order. No costs. Connected miscellaneous petition closed.

Issue for consideration

Whether the refusal by the Sub Registrar to register the Sale Deed dated 26.12.2024 on the ground that original title documents were not produced was justified, and whether the petitioner and other legal heirs are entitled to have the sale deed received and registered without insisting on production of original antecedent title deeds. +1 more

Court's answer

Production of the original title document is not mandatory for registration of a document and cannot be a ground to deny registration; the latest Division Bench judgment of this Court in M.Ariyanatch (2024 3 MLJ 55) is a useful reference on this point.

Ratio / Principle

Wherever the original document is lost, the requirements of the third proviso to Rule 55A of the Tamil Nadu Registration Rules, 1949 must be satisfied in order for the document to be entertained and registered; it will therefore suffice if the petitioner is directed to satisfy that requirement and present the document for registration.

Key takeaways

The petitioner is directed to re-present the document before the respondent along with an affidavit mentioning the fact that the original title document has been lost and the same is not able to be traced.ratio¶para 26
The petitioner shall also enclose the newspaper advertisement issued regarding the loss of the document and the intention of the seller of the property to convey the property.ratio¶para 26

Detailed headnote1 paragraphs

Madras High Court (N. Anand Venkatesh, J.) - W.P.No.3211 of 2025, disposed on 06.02.2025: Sub Registrar, Thiruchengode refused registration of Sale Deed dated 26.12.2024 presented by petitioner and other legal heirs, issuing refusal Check Slip RFL/Tiruchengode/209/2024 dated 28.12.2024 for want of original antecedent title deeds. Held: production of the original title document is not mandatory for registration and cannot be a ground to deny registration, the latest Division Bench judgment in M.Ariyanatch (2024 3 MLJ 55) being a useful reference; wherever the original document is lost, the requirements of the third proviso to Rule 55A of the Tamil Nadu Registration Rules, 1949 must be satisfied. Petitioner directed to re-present the deed with an affidavit of loss/inability to trace the original and the newspaper advertisement regarding the loss and intention to convey; respondent to entertain and register if otherwise in order. Writ petition disposed of with these directions, no costs; connected miscellaneous petition closed.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

W.P.No.3211 of 2025

P.R.Rathinam

... Petitioner

Vs.

1.The District Registrar, Office of the District Registrar, Namakkal District.

2.The Sub Registrar, Office of the Sub Registrar, Thiruchengode, Namakkal District. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent issued a refusal slip in Refusal Number RFL / Tiruchengode / 209/ 2024 dated 28.12.2024 and quash the same and further direct the 2nd respondent to receive and register the sale deed dated 26.12.2024 presented by the petitioner and other legal heirs without insisting on production of original antecedent title deeds.

For Petitioner : Mr.C.Kulanthaivel For Respondents : Mr.M.Shajahan Special Government Pleader

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O R D E R

This writ petition has been filed challenging the refusal Check Slip issued by the 2^nd respondent dated 28.12.2024 and for a consequential direction to the 2^nd

respondent to entertain and register the Sale Deed dated 26.12.2024 presented by the petitioner and others legal heirs.

2.Heard Mr.C.Kulanthaivel, learned counsel appearing on behalf of the petitioner and Mr.M.Shajahan, learned Special Government Pleader appearing on behalf of respondents.

3.The case of the petitioner is that he and other legal heirs are the owners of the subject property. They wanted to sell the property and hence, the Sale Deed was executed and when the same was presented for registration before the 2^nd respondent, the same was refused to be registered on the ground that the original title documents were not produced. Aggrieved by the same, the present writ petition has been filed before this Court.

4.This Court has repeatedly held that production of original title document is

not mandatory for registration of document. It has been held that it cannot be a

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ground to deny registration. Useful reference can be made to the latest judgement of the Division Bench of this Court in [M.Ariyanatch and another Vs. The Inspector General of Registration and another] reported in 2024 3 MLJ 55 .

5.On carefully reading the third proviso to Rule 55A of the Tamil Nadu Registration Rules, 1949, it is seen that wherever the original document is lost, the requirements under that proviso must be satisfied in order to entertain the document and register the same. Hence, it will suffice if the petitioner is directed to satisfy that requirement and present the document for registration.

6.In the light of the above discussion, the petitioner is directed to re-present the document before the respondent along with an affidavit mentioning the fact that the original title document has been lost and the same is not able to be traced. The petitioner shall also enclose the newspaper advertisement issued regarding the loss of document and the intention of the seller of the property to convey the property. On fulfilling these conditions, the respondent shall entertain the document and register the same, if it is otherwise in order.

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N. ANAND VENKATESH, J.

ssr 7.This writ petition is disposed of with the above directions. No costs.

Consequently, the connected miscellaneous petition is closed.

06.02.2025

Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Registrar, Office of the District Registrar, Namakkal District. 2.The Sub Registrar, Office of the Sub Registrar, Thiruchengode, Namakkal District.

W.P.No.3211 of 2025

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