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 produced to prove that the executant has a right in respect of the property subject matter of the instrument, the registration of the same shall be refused. In a sense, power has been conferred on the registering officer to verify the title of the executant.
No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established. Even Sections 22-A and 22-B, incorporated by way of State amendment, do not have such a provision.
The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid. Even assuming that there is a power under Section 69 of the 1908 Act to frame the Rules, Rule 55A(i) is inconsistent with the provisions of the 1908 Act. Due to the inconsistency, Rule 55A(i) must be declared ultra vires the 1908 Act.
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