Kanoon Ki Dastak
The Supreme Court of India has declared Rule 55A(i) of the Tamil Nadu Registration Rules as ultra vires the Registration Act, 1908, stating that Sub-Registrars have no authority to assess the title of property vendors during the registration process.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan delivered the verdict while allowing an appeal filed by one K. Gopi, whose sale deed had been repeatedly rejected for registration by the Sub-Registrar on the grounds that the vendor’s title was not established.
The Court observed that the power to refuse registration due to doubts over ownership is not provided under the Registration Act, 1908, or the Tamil Nadu state amendments under Sections 22-A and 22-B. “The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title,” the bench ruled.
Rule 55A(i) mandated the submission of the original title deed or revenue records to prove ownership before registration, effectively requiring Sub-Registrars to verify ownership. The Court held this requirement inconsistent with the parent Act, emphasizing that registration cannot be refused if procedural requirements are met and parties are present with valid documents.
The Court directed the Sub-Registrar to proceed with registration of the sale deed submitted by the appellant within one month, provided procedural formalities are completed.