Case Note & Summary
The petitioner, Mohammed Assan, and his brother K.Mubarak @ Abdul Mubarak jointly purchased landed property in Tenkasi Village through a registered sale deed dated 24.4.2000, with equal shares. On 26.3.2024, the petitioner executed a deed of relinquishment in favor of his brother and presented it for registration. The respondent, Joint Sub Registrar No.II, Tenkasi, issued a refusal check slip (Refusal Number RFL/Joint Sub-Registrar No.II,Tenkasi/41/2024, dated 26.3.2024) refusing registration on two grounds: (i) the original document was not produced, and (ii) the name of the claimant (K.Mubarak) differed from the name in the previous document (K.Mubarak @ Abdul Mubarak). The petitioner was directed to produce a certificate to prove that both names refer to the same person. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the refusal slip and direct registration. The respondent argued that the first proviso to Rule 55A of the Tamil Nadu Registration Rules, 2000 is intact and must be complied with. The court, after hearing both sides, found that the refusal was not justified as the petitioner could produce a certificate of identity. The court directed the respondent to register the deed of relinquishment after verifying compliance with Rule 55A and upon production of the necessary certificate by the petitioner. The writ petition was allowed with the above direction.
Headnote
A) Registration Law - Refusal to Register - Name Discrepancy - Section 35 Registration Act, 1908; Rule 55A Tamil Nadu Registration Rules, 2000 - The Sub-Registrar refused to register a deed of relinquishment because the name of the claimant (K.Mubarak) differed from the name in the previous document (K.Mubarak @ Abdul Mubarak) and the original document was not produced. The court held that the refusal was not justified as the petitioner could produce a certificate to prove identity. The court directed the respondent to register the deed after verifying compliance with Rule 55A and upon production of necessary certificate. (Paras 3-5)
Issue of Consideration
Whether the Sub-Registrar can refuse registration of a deed of relinquishment on the ground that the name of the claimant differs from the name in the previous document, without giving an opportunity to produce a certificate of identity.
Final Decision
The writ petition is allowed. The impugned refusal check slip is quashed. The respondent is directed to register the deed of relinquishment dated 26.3.2024 presented by the petitioner, after verifying compliance with Rule 55A of the Tamil Nadu Registration Rules, 2000 and upon production of the necessary certificate by the petitioner to prove that K.Mubarak and K.Mubarak @ Abdul Mubarak are one and the same person.
Law Points
- Registration Act
- 1908
- Section 35
- Tamil Nadu Registration Rules
- 2000
- Rule 55A
- Writ of Certiorarified Mandamus
- Article 226 of Constitution of India
