Case Note & Summary
The petitioner, the Executive Officer of Melachokkanathapuram Town Panchayat, filed a writ petition under Article 226 of the Constitution of India challenging a refusal check slip dated 16.7.2024 issued by the second respondent, the Sub-Registrar, Bodinayakkanur. The Sub-Registrar had refused to register a gift deed dated 16.7.2024 executed in favour of the petitioner on the ground that the executant, an unincorporated association named Sir.P.T.Thiyagarajar Aasiriyar Aluvalar Pokkuvarathu Uliyargal Kudiyiruppu Sangam, had not registered the body. The property in question, comprising S.No.305/2 and 305/4 totaling 4 acres and 84 cents, was originally purchased by the association through four registered sale deeds in June 1987. The association later obtained layout approval from DTCP, Madurai, and as per the layout, a portion of the land was to be gifted to the Town Panchayat. A gift deed was executed on 20.10.2005, but the present gift deed of 16.7.2024 was refused registration. The Court heard both sides and perused the materials. The Court observed that the Registration Act, 1908 does not require an unincorporated association to be registered as a condition for registering a document. The refusal was based on an extraneous ground not supported by any provision of the Act. Consequently, the Court quashed the refusal check slip and directed the second respondent to register the gift deed if otherwise in order, within a stipulated time. The writ petition was allowed.
Headnote
A) Registration Law - Refusal to Register Gift Deed - Section 17, 18, 22-A Registration Act, 1908 - The Sub-Registrar refused to register a gift deed executed by an unincorporated association in favour of a Town Panchayat on the ground that the executant had not registered the body. The Court held that the Registration Act does not mandate registration of an unincorporated association as a condition for registering a document. The refusal was without jurisdiction and quashed. (Paras 1-5) B) Writ Jurisdiction - Certiorarified Mandamus - Article 226 Constitution of India - The Court exercised its writ jurisdiction to quash the refusal check slip and directed the Sub-Registrar to register the gift deed if otherwise in order, as the refusal was based on an extraneous ground not supported by law. (Paras 4-5)
Issue of Consideration
Whether the Sub-Registrar can refuse to register a gift deed on the ground that the executant (an unincorporated association) has not registered itself under any statute.
Final Decision
The writ petition is allowed. The impugned refusal check slip dated 16.7.2024 in RFL/Bodinayakkanur/31/2024 is quashed. The second respondent is directed to register the gift deed dated 16.7.2024 if otherwise in order, within a stipulated time.
Law Points
- Registration Act
- 1908
- Section 17
- Section 18
- Section 22-A
- Registration of unincorporated association
- Gift deed
- Refusal check slip
- Writ of Certiorarified Mandamus
