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Supreme Court of India 2025-04-07 allowed

K. Gopi vs The Sub-Registrar & Ors

Bench: 2 — Abhay S. Oka, Ujjal Bhuyan

In Brief

The appellant sought to register a sale deed executed by a vendor but the Sub-Registrar refused registration claiming the vendor had not established title. The High Court upheld this refusal based on Rule 55A(i) of the Tamil Nadu Registration Rules. The Supreme Court held that a registering officer's role is limited to verifying procedural compliance and authenticity, not judging the vendor's title. The Court declared Rule 55A(i) ultra vires the Registration Act, 1908, as it exceeds the rule-making power under Section 69 and contradicts Sections 22-A and 22-B. The Court allowed the appeal and permitted the appellant to lodge the deed for registration within one month, with the registering officer to register it upon procedural compliance.

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Registration of Documents Property Law Rule-making Power Constitutional Law – Ultra Vires Civil Procedure

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