S.GOWTHAMAN Vs. SUB REGISTRAR

JUDGEMENT

(1.) The prayer of the petitioner to direct the respondent to receive and register the settlement deed dated 23.01.2018 in accordance with the provisions of Indian Registration Act and also release the same.

(2.) According to the petitioner, he has been in possession and enjoyment of the petition mentioned property, which has been classified as gramanatham, for more than 25 years. He has been assessed with the property and given electricity supply and even the revenue records reflect his name. He is having Voter ID and Aadhar Card with respect to the said property. The petitioner executed a settlement deed on 23.01.2018 in favour of his wife settling the property. When it is presented for registration on the same day, on payment of required stamp duty, the respondent returned the same without even entertaining the same. Hence, the petitioner is before this Court.

(3.) Learned counsel for the petitioner submitted that the petitioner has been in possession and occupation of the subject land for more than 25 years and as such he got every right over the land by way of adverse possession and accordingly, he is entitled to execute the settlement deed in favour of his wife. It is his further submission that as per Rule 55 of the Registration Rules, the respondent or any registering authority has no role to verify the ownership of the property and they have to register the document, when it is presented by following the procedure contemplated under the Registration Act , 1908.