AIROnline 2025 SC 215

Supreme Court Of India

(From : Madras)

Hon'ble Judge(s): Abhay S. Oka, Ujjal Bhuyan , JJ

Registration Act (16 of 1908) , S.22A, S.22B, S.69— Tamil Nadu Registration Rules , R.55A— Registration of documents - Power of registrar to refuse registration - Validity of provision for - Rule 55A of Registration Rules framed by Government of Tamil Nadu which empowers registering authority to refuse to register a document unless documents are produced to prove that the executant has a right in respect of property subject matter of instrument, was declared ultra vires Registration Act, 1908 being inconsistent with provisions of the Act Order of Division Bench of Madras dt.20.03.2024-Reversed In the instant case, judgment of High Court upholding refusal by sub-registrar to register a sale deed, on the ground that vendor had not established his title and ownership, was challenged. Validity of R 55 A of the Registration Rules framed by Government of Tamil Nadu which conferred such power on the authority , was also challenged. Held, Rule 55A of Registration Rules framed by Government of Tamil Nadu which empowers registering authority to refuse to register a document unless documents are produced to prove that the executant has a right in respect of property subject matter of instrument, is ultra vires Registration Act, 1908 being inconsistent with provisions of the Act . Rule 55A provides that unless documents are p....