Supreme Court To Hear Challenge To Constitutional Validity Of Rule Allowing Registrar To Refuse Property Registration In Tamil Nadu

Pursuant to a petition filed assailing a Sub-Registrar's refusal to register a sale deed, the Supreme Court is set to hear a challenge to the constitutional validity of Rule 55A of the Tamil Nadu Registration Rules, which gives power to a Registrar to refuse registration of an immoveable property.As per Rule 55A, the registering officer before whom a document relating to immovable property. Pursuant to a petition filed assailing a Sub-Registrar's refusal to register a sale deed, the Supreme Court is set to hear a challenge to the constitutional validity of Rule 55A of the Tamil Nadu Registration Rules, which gives power to a Registrar to refuse registration of an immoveable property. As per Rule 55A, the registering officer before whom a document relating to immovable property is presented for registration, shall not register the same, unless the person presenting produces the previous original deed by which the executant acquired right over the subject property and an Encumbrance Certificate pertaining to the property obtained within ten days from the date of presentation. Assailing the refusal, the petitioner again approached the High Court which dismissed his petition in light of the order of the co-ordinate bench that the sale deed document had to be registered after including all the legal heirs or the petitioner could approach the competent Civil Court.