Case Note & Summary
The Writ Appeal was filed against an order dated 06.11.2025 by a single judge of the Madras High Court, which had set aside a refusal check slip and an appeal order regarding the registration of a general power of attorney. The appellants, comprising the Inspector General of Registration and other officials, had rejected the registration based on discrepancies in the ownership documents and the non-production of original documents. The respondent, a partnership firm, challenged this refusal, asserting that all necessary documents were provided and that the registering authority lacked the power to adjudicate on the title of the property. The court noted that the refusal was based on suspicion rather than conclusive evidence of forgery or illegality. It emphasized that under Section 22-B of the Registration Act, registration could only be refused for specific grounds such as forged documents or prohibited transactions. The court referred to precedents indicating that only a civil court could determine issues of forgery or title. Ultimately, the court upheld the single judge's order but modified it to require the respondent to execute a letter of indemnity to protect the appellants' interests in case of future disputes regarding the authority to register the power of attorney. The court directed the registration to be completed within a specified timeframe, contingent upon the submission of the indemnity letter.
Headnote
A) Registration Law - Power of Attorney Registration - Authority to Refuse Registration - Registration Act, 1908, Section 22-B - The registering authority's refusal to register the general power of attorney based on mere suspicion was held unjustified, as only a civil court can adjudicate on forgery or title issues. The court directed registration upon re-presentation with an indemnity letter to protect the interests of the appellants (Paras 7-15).
Issue of Consideration
Whether the refusal to register the general power of attorney was justified under Section 22-B of the Registration Act, 1908.
Final Decision
The court upheld the single judge's order to register the general power of attorney but modified it to require the respondent to execute a letter of indemnity to protect the appellants' interests. The registration was to be completed within a specified timeframe upon re-presentation of the power of attorney and submission of the indemnity letter.
Law Points
- Registration Act
- 1908
- Section 22-B
- power of registration
- authority to register
- fraudulent documents
- civil court jurisdiction
