Registration of property entirely outside the sub-district - Registration void
Madras High Court Nullifies Fraudulent Sale Deed Registration Outside Jurisdiction. High Court declares registration of property outside the sub-district as void, emphasizing the importance of jurisdictional compliance under the Registration Act, 1908.
The Madras High Court, in a landmark decision, has nullified the registration of a sale deed executed for a property situated entirely outside the jurisdiction of the registering authority, reiterating the significance of adhering to jurisdictional stipulations under the Registration Act, 1908. The judgment, delivered by the Division Bench comprising Justices Mrs. J Nisha Banu and S. Srimathy, in the case of SP. Vairavan v. Sub-Registrar, emphasized that any registration of property documents outside the sub-district where the property is located is null and void.
The case revolved around the registration of a sale deed involving properties in Alandur village, Chennai, registered with the Sub-Registrar of Thenkasi, which included unrelated properties to circumvent jurisdictional rules. The appellant, SP. Vairavan, argued that the registration violated Section 28 of the Registration Act, which mandates that registration must occur within the sub-district where the property is situated.
The court underlined that the inclusion of unrelated properties to facilitate registration outside the proper jurisdiction amounts to fraud, rendering the registration void. The court further stated that fraudulent registration is a grave violation of statutory powers and the Registration Act's intent, which aims to prevent fraud and ensure public transparency regarding property rights.
The judgment also highlighted that the High Court, under Article 226, can intervene in cases of fraudulent registration without necessitating a civil suit, thus providing a quicker remedy to aggrieved parties. This decision underscores the judiciary's role in maintaining the integrity of property registration processes and preventing misuse of legal provisions for fraudulent gains.
Bottom Line:
Registration of a sale deed in violation of Section 28(a) of the Registration Act, 1908 is null and void under Section 28(b), as the Sub-Registrar lacks jurisdiction to register documents for properties situated entirely outside the sub-district.
Statutory provision(s): Section 28(a), Section 28(b), Article 226 of the Constitution of India, Registration Act, 1908, Circular dated 29.06.2022 No. 37248/C1/2021.
SP. Vairavan v. Sub-Registrar, (Madras)(Madurai Bench)(DB) : Law Finder Doc Id # 2745930
