Court Finds Delay in Registration Due to Structure on Land Unjustified, Orders Action in Accordance with Law
In a significant ruling, the Jammu and Kashmir High Court, under the bench of Mr. Justice Mohd. Yousuf Wani, addressed a prolonged administrative delay concerning the registration of a sale deed between petitioner Nazira Begum and the Union Territory of Jammu & Kashmir. The court directed the Sub-Registrar at Awantipora to promptly process the sale deed related to the property in Pulwama, which had been stalled due to the presence of a structure on the land.
The issue arose when the Sub-Registrar, citing the existence of a residential structure not mentioned in the sale permission, indefinitely delayed the registration. The petitioner, Nazira Begum, had constructed the structure in good faith after executing a sale agreement with the vendor, a Kashmiri migrant, who had no objections to the registration of the deed.
The court held that the Sub-Registrar was within his rights to verify facts regarding the structure and its omission in the revenue records. However, Justice Wani emphasized that the Sub-Registrar could not indefinitely delay the matter, causing undue hardship to the parties involved. The court noted that if the structure was erected by the petitioner or her attorney holder before or after the sale permission, it should not affect the registration process.
The judgment clarified that the structure, built in good faith and not owned by the vendor, did not necessitate inclusion in the sale deed or require stamp duty on its valuation. The court directed the Sub-Registrar to conclude the registration process, ensuring compliance with legal provisions and including a note in the registration order if necessary.
The decision underscores the judicial mandate for administrative bodies to act decisively and avoid unnecessary delays in processing legal documents, thereby safeguarding the rights and interests of the parties involved.
Bottom line:-
Sub-Registrar cannot keep a sale deed pending indefinitely without addressing it in accordance with the law, even when confronted with legal queries regarding a structure built on the land in question.
Statutory provision(s): Article 226 of the Constitution of India, Jammu and Kashmir Migrant Immovable Property (Preservation, Protection and Restraint on Distress Sales) Act, 1997 Section 3
Nazira Begum v. Union Territory of J&K, (Jammu And Kashmir)(Srinagar) : Law Finder Doc id # 2901909
