VidhiSangh

Supreme Court of India · 06/04/2025

K. GOPI versus THE SUB-REGISTRAR & ORS.

[2025] 5 S.C.R. 47 · 2025 INSC 462

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Summary

A Sub-Registrar in Tamil Nadu refused to register a sale deed because the vendor had not produced proof of title, relying on Rule 55A(i) of the Tamil Nadu Registration Rules, which bars registration unless the presentant produces the previous original title deed and a recent encumbrance certificate. The Supreme Court held that under the Registration Act, 1908 the registering officer has no adjudicatory power over the executant's title and must register a document once execution is admitted and procedural requirements, stamp duty and fees are complied with; neither Section 69 nor the State-inserted Sections 22-A and 22-B authorise refusal for want of title documents. Rule 55A(i) was declared ultra vires the Act and the appellant was permitted to re-lodge the sale deed.

Issues

  1. Whether a registering officer under the Registration Act, 1908 may refuse to register a sale deed on the ground that the executant's title to the property has not been established or that the previous title deed has not been produced.
  2. Whether Rule 55A(i) of the Tamil Nadu Registration Rules, which conditions registration on production of the previous original deed and an encumbrance certificate, is within the rule-making power under Section 69 of the Act and consistent with the Act.
  3. Whether Sections 22-A and 22-B of the Act, as inserted by the Registration (Tamil Nadu Amendment) Act, 2008, support refusal of registration for want of proof of the vendor's title.

Provisions considered

Held

Result

Appeal allowed. Rule 55A(i) of the Tamil Nadu Registration Rules declared ultra vires the Registration Act, 1908; the judgments of the Madras High Court quashed and set aside. The appellant permitted to lodge the sale deed for registration within one month, and the registering officer directed to register it on procedural compliances being made.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 47.