Registration of Transfer Document Cannot Be Denied for Lack of Vendor’s Title Proof : Supreme Court
In K. Gopi v. The Sub-Registrar & Ors., the Supreme Court held that the Registration Act, 1908 does not empower the Registering Authority to refuse registration of a transfer document on the ground that the vendor’s title documents are not produced or that the vendor's title is unproven. Accordingly, the Court struck down Rule 55A(i) of the Tamil Nadu Registration Rules as unconstitutional and ultra vires the Act.
Rule 55A(i) mandated the production of prior title deeds and encumbrance certificates for registration, failing which documents would not be registered. A bench of Justices Abhay S. Oka and Ujjal Bhuyan ruled that such a requirement exceeds the authority granted under the 1908 Act. The Court clarified that the Registering Authority has no adjudicatory power to examine title and must register documents if procedural requirements are met and applicable stamp duty and registration fees are paid.
The Court emphasized that none of the clauses (a) to (j) under Section 69 of the Registration Act authorize rules permitting refusal of registration on the basis of unproven title. It reiterated that the act of registration merely records the document and does not confer or validate title. If the executant lacks title, the registered document cannot transfer any rights.
The case arose when the petitioner, relying on an unregistered Will, presented a sale deed for registration. The Sub-Registrar rejected it, citing non-compliance with Rule 55A due to absence of title proof and legal heir details. Challenging this, the petitioner approached the Madras High Court, leading to the present ruling.