The single judge bench of the Jharkhand High Court held that if the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, then Registering Authority cannot refuse to register the deed if the same is presented for registration as the Registering Authority is debarred from examining the nature of right, title and character in respect of the subject matter of the sale-deed presented for registration.
Brief facts
The factual matrix of the case is that the sale deed was presented by the Petitioner before the district sub registrar/ Respondent no. 3 after completing all the formalities as per the Registration Act. However, the same was refused to register by Respondent no. 3. Aggrieved by this, the present writ petition has been filed.
Contentions of the Petitioner
The Petitioner contended that registration of the sale deed cannot be denied except on the ground mentioned in Sections 71 and 74 of the Registration Act and the same was not refused by the Registrar on the ground mentioned under Sections 71 and 74 of the Registration Act. The Petitioner relied upon the judgments titled Dinesh Singh vs. The State of Jharkhand & Others, and Tarkeshwar Prasad vs. State of Jharkhand & Others.
Observations of the court
The Hon’ble Court observed that the Registering Authority cannot deny registration of a sale deed if it is properly executed, duly stamped, and free of any formal or legal defects. This is because the Registering Authority is not permitted to review the nature of the right, title, or character of the subject matter of the sale deed that is being presented for registration.
Based on these considerations, the court was of the opinion that no justification exists for the refusal of the registration of the petitioner’s sale-deed.
The decision of the court
With the above direction, the court disposed of the Writ Petition.
Case Title: Ajay Kumar Yadav V. The State of Jharkhand
Coram: Hon’ble Mr. Justice Anil Kumar Choudhary
Case No.: W.P. (C) No.783 of 2018
Advocate for the Petitioner: Mr. Anil Kr. Sinha, Advocate
Advocate for the Respondent: Mr. Mithilesh Singh, GA IV Mr. Vishal Kr. Rai, AC to GA IV
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