Case Note & Summary
The petitioner, Chairman/Secretary of Deep Apartment CHS Ltd., filed a writ petition challenging the orders of the Registering Authority and the Appellate Authority refusing to register a conveyance deed executed between a private limited company (the builder) and the cooperative housing society. The Registering Authority refused registration citing non-compliance with Sections 7 and 54 of the Transfer of Property Act, Section 11 of the Indian Contract Act, Section 11 of the Indian Evidence Act, Section 34 of the Indian Registration Act, and Section 72(3) of the Maharashtra Registration Manual. The High Court held that the Registering Authority's role is ministerial and limited to ensuring compliance with the Indian Registration Act, specifically Sections 32 and 34, which require the document to be presented by the executing party or authorized agent and for the executant to appear and admit execution. The Authority cannot refuse registration on grounds of non-compliance with other statutes, as those are matters for the parties to address. The court allowed the petition, quashed the impugned orders, and directed the Registering Authority to register the conveyance deed within two weeks.
Headnote
A) Registration Law - Refusal to Register - Scope of Inquiry - Sections 32, 34, Indian Registration Act, 1908 - The Registering Authority's power to refuse registration is limited to the requirements under the Indian Registration Act, 1908, namely proper presentation by the executing party or authorized agent and appearance before the Registering Officer for admission of execution. The Authority cannot refuse registration based on non-compliance with other statutes such as the Transfer of Property Act, Indian Contract Act, or Indian Evidence Act, as those are matters for the parties to consider and not for the Registering Authority to adjudicate. (Paras 2-3) B) Registration Law - Ministerial Function - Registering Authority's Role - Sections 32, 34, Indian Registration Act, 1908 - The function of the Registering Authority is ministerial, not quasi-judicial. It must register a document if the procedural requirements of the Indian Registration Act are satisfied. It cannot go into the validity or enforceability of the document under other laws. (Paras 3-4) C) Registration Law - Conveyance Deed - Builder and Cooperative Society - The conveyance deed executed between a private limited company (builder) and a cooperative housing society is a document that requires registration. The Registering Authority must register it if the parties present themselves and admit execution, without insisting on compliance with other enactments. (Paras 2-4)
Issue of Consideration
Whether the Registering Authority can refuse to register a conveyance deed executed between a builder and a cooperative housing society on the ground of non-compliance with provisions of the Transfer of Property Act, Indian Contract Act, and Indian Evidence Act, in addition to the Indian Registration Act.
Final Decision
The writ petition is allowed. The impugned orders of the Registering Authority and the Appellate Authority are quashed and set aside. The Registering Authority is directed to register the conveyance deed within two weeks from the date of the order.
Law Points
- Registering Authority cannot refuse registration on grounds not specified in the Indian Registration Act
- 1908
- Sections 32 and 34 of the Indian Registration Act
- 1908 prescribe the only requirements for presentation and appearance
- the Registering Authority's role is ministerial
- not adjudicatory
- compliance with other Acts like Transfer of Property Act
- Indian Contract Act
- Indian Evidence Act is not a prerequisite for registration.
