Showing posts with label Registration Act. Show all posts
Showing posts with label Registration Act. Show all posts

Sunday, 13 April 2025

 K. GOPI

Vs.

THE SUB-REGISTRAR AND OTHERS

( Before : Abhay S. Oka and Ujjal Bhuyan, JJ. )

Civil Appeal No. 3954 of 2025

Decided on : 07-04-2025

A. Registration Act, 1908 — Tamil Nadu Registration Rules — Rule 55A(i) — Validity — Ultra Vires — Rule 55A(i) of the Tamil Nadu Registration Rules, which empowers a registering officer to refuse registration of a document relating to immovable property unless the presentant produces the previous original title deed of the executant or other specified proof of the executant's right/title, is declared ultra vires the Registration Act, 1908 — The Rule imposes a condition for registration (proof of executant's title) and confers a power (to refuse registration based on lack of title proof) which are inconsistent with the provisions and scheme of the parent Act.