Case Note & Summary
The petitioners, Nestor Builders & Developers Pvt. Ltd. and its director, filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to accept and register a Deed of Conveyance dated 13 April 2012 executed by the A.H. Wadia Trust in their favour for property bearing Survey No.427, Hissa No.9 at Village Kolekalyan, Mumbai Suburban District. The deed was lodged for adjudication of stamp duty under the Maharashtra Stamp Act, and the Collector of Stamps determined the market value at Rs.8,24,99,500/- with stamp duty of Rs.41,24,975/-. The petitioners paid the stamp duty and presented the deed for registration before the Sub-Registrar. However, the Sub-Registrar refused to register the deed on the ground that the original title deeds of the transferor (A.H. Wadia Trust) were not produced. The petitioners contended that the Registering Officer has no power under the Registration Act, 1908 to demand title deeds or go into the validity of the transferor's title; his duty is limited to verifying the identity of the executants and the fact of execution. The respondents argued that the petitioners had an alternative remedy of appeal under Section 72 of the Registration Act and that the writ petition was not maintainable. The Court analyzed Sections 34, 35, and 77 of the Registration Act and held that the Registering Officer's functions are ministerial and not quasi-judicial; he cannot refuse registration on grounds not specified in the Act. The refusal to register based on non-production of title deeds was without authority of law. The Court also held that the alternative remedy of appeal was not adequate when the officer acts without jurisdiction. Accordingly, the Court allowed the writ petition, quashed the refusal, and directed the Sub-Registrar to accept and register the deed of conveyance in accordance with law.
Headnote
A) Registration Act, 1908 - Sections 34, 35, 77 - Refusal to Register - Deed of Conveyance - The Registering Officer refused to register the deed on the ground that the original title deeds of the transferor were not produced. The Court held that the Registering Officer's power under Section 35 is limited to satisfying himself as to the identity of the persons executing the document and the fact of execution; he cannot go into the validity of the title or require production of title deeds. The refusal was without authority of law. (Paras 10-15) B) Registration Act, 1908 - Section 77 - Alternative Remedy - The Court held that the remedy of appeal under Section 72 of the Registration Act is not an adequate alternative remedy when the Registering Officer acts without jurisdiction. The writ petition under Article 226 was maintainable. (Paras 16-17) C) Constitution of India - Article 226 - Writ Jurisdiction - The Court directed the Registering Officer to accept the deed of conveyance for registration and register it in accordance with law, as the refusal was illegal and without authority. (Para 18)
Issue of Consideration
Whether the Registering Officer can refuse to register a deed of conveyance on the ground that the original title deeds of the transferor are not produced, when the deed is otherwise duly executed and presented for registration.
Final Decision
The Court allowed the writ petition, quashed the refusal to register, and directed the Sub-Registrar to accept and register the Deed of Conveyance dated 13 April 2012 in accordance with law.
Law Points
- Registration Act
- 1908
- Sections 34
- 35
- 77
- Maharashtra Stamp Act
- Article 226 of Constitution of India
- Deed of Conveyance
- Registration of documents
- Power of Registering Officer
- Refusal to register
- Appeal remedy
- Writ jurisdiction
