Rule 55-A TN Registration Rules Has No Statutory Authority, Introduced Only To Enable Registrars To Refuse Registration Indiscriminately: Madras HC

Rule 55-A TN Registration Rules Has No Statutory Authority, Introduced Only To Enable Registrars To Refuse Registration Indiscriminately: Madras HC

Case Title: P Pappu v The Sub Registrar

Citation: 2024 LiveLaw (Mad) 379

The Madras High Court recently observed that Rule 55A of the Tamil Nadu Registration Rules, which gives powers to a Registrar to refuse registration had no statutory authority.As per Rule 55A, The registering officer before whom a document relating to immovable property is presented for registration, shall not register the same, unless the presentant produces the previous original deed by which the executant acquired right over the subject property and an Encumbrance Certificate pertaining to the property obtained within ten days from the date of presentation.Justice R Subramanian and Justice R Sakthivel observed that the Rule was introduced only to enable Registrars to refuse to register instruments indiscriminately. The court added that the Registrars were conferred certain powers under Section 68 of the Registration Act, and the power to issue any order needed to be consistent with the Act