SIVANADIYAN Vs. THE SUB REGISTRAR, PUDUKOTTAI

JUDGEMENT

(1.) The grievance of the petitioner is that he has a share in the joint family property inherited from his father. According to the petitioner, one of his brothers has illegally detained the original title deed in respect of the joint property and was not willing to make use of the same for the purpose of selling the shares of each one of the siblings including the petitioner herein. In the said circumstances, when the petitioner presented the documents relating to the property for registration, the respondent has been refusing to register the same insisting upon the production of original parent deed.

(2.) In one such attempt to register the document, the petitioner presented a power of attorney in favour of one Malathi situated at Karaikudi relating to the property belonging to the petitioner. The respondent refused to register the said document by the impugned refusal cheque slip No.RFL/1/167/2020 dated 10.12.2020. The refusal of the respondent is only on the basis of the fact that the parental document has not been produced for perusal of the authority.

(3.) On enquiry, the petitioner was informed that the Inspector General of Registration, Chennai, had issued a circular dated 15.09.2010, which requires the production of original title deeds to the authority concerned for the purpose of registration. However, according to the petitioner, this Court has consistently held that the Registering Authority cannot insist on production of original title deeds as a matter of pre- condition for registration of the documents. According to the Courts, such pre-condition is not provided in the statute.