Registration Without Ownership Verification : High Court Directs Sub-Registrar to Register Sale Deed Without Inquiry

Judgment Clarifies Sub-Registrar's Role, Upholds Registration Without Ownership Verification 

News Report: 

In a significant ruling, the Orissa High Court has quashed the refusal by the Sub-Registrar, Khaira to register a sale deed due to the non-production of title documents. The judgment, delivered by Justice Ananda Chandra Behera, underscores the limitations of the registering authority under the Registration Act, 1908, affirming that ownership or title verification does not fall within its jurisdiction.

The case arose when petitioner Nishakar Das challenged the Sub-Registrar's decision to withhold registration of his property sale deed, demanding additional title documents. The court ruled that such requirements are beyond the scope of the registrar's authority, as established by multiple precedents from various High Courts and the Supreme Court of India.

Justice Behera emphasized that the Registration Act does not empower registrars to adjudicate property titles, a responsibility that lies with the courts. The judgment referenced several cases, including Bihar Deed Writers Association v. State of Bihar and Ranjeet Singh v. The Deputy Commissioner-cum-Registrar, Ambala, which reiterate that the registrar's role is limited to procedural compliance and not title examination.

The court directed the Sub-Registrar to proceed with the registration upon the petitioner's presentation of the certified judgment copy and required procedural documents. The Sub-Registrar was ordered to return the registered sale deed within three days post-registration, adhering to the Orissa Registration Rules, 1988.

This ruling provides clarity on the registrar's role, ensuring smooth property transactions without unnecessary delays over title disputes. It reassures buyers and sellers that title concerns are separate from registration processes, preserving the efficiency of property dealings.

Bottom Line:

Registration of sale deed cannot be refused by the Sub-Registrar on the ground of non-production of title documents by the vendor. The registering authority is not competent to adjudicate upon the ownership or title of the property under the Registration Act, 1908.

Statutory provision(s): Registration Act, 1908 - Section 34(3), Section 22A; Transfer of Property Act, 1882; Orissa Registration Rules, 1988

Nishakar Das v. State of Odisha, (Orissa) : Law Finder Doc Id # 2780901