[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court
1 year, 5 months ago

[Transfer Of Possessory Rights] Sub-Registrar Can't Refuse Registration For Lack Of Prior Title Documents: Kerala High Court

Live Law  

The Kerala High Court recently reiterated that the inability of persons transferring possessory rights to produce prior title documents is not a valid reason for the Sub Registrar to refuse registration.Justice Gopinath P thus emphasised that possessory rights can be transferred without any legal barriers, emphasising that the Sub Registrar should not inquire into the nature of. The Kerala High Court recently reiterated that the inability of persons transferring possessory rights to produce prior title documents is not a valid reason for the Sub Registrar to refuse registration. "The persons executing the document can only transfer the right that they have and merely because they are purporting to transfer possessory rights and they are not been able to produce any prior documents cannot be a ground for the Sub Registrar to refuse registration." Advocate V.A Johnson appearing for the petitioners argued that the Sub Registrar is not authorized to insist on the production of prior documents, citing the judgment in Sumathi v. State of Kerala.

Court Rights Registrar Registration Kerala High Court Documents Sub Registrar Gopinath Sub Prior Possessory Rights Transfer Possessory Prior Title Documents Prior Documents  rights  registration  registrar  sub  produce  court  transfer  possessory  subregistrar  refuse  lack  prior  kerala  documents  title

History of this topic

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
1 week, 1 day ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC
1 week, 6 days ago

'Far-Fetched' To Hold That Contempt Proceedings Can Be Initiated Against An Authority For Failing To Follow Binding Precedent: Kerala HC

Live Law  

Dismissing a contempt plea, the Kerala High Court observed that it would be too far fetched to hold that contempt of court proceedings can be initiated on the ground that a particular authority failed to follow a binding precedent. Justice Gopinath P. in his order said: “Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, …

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates
3 weeks, 6 days ago

Person Holding Relevant Evidence To Dispute Not 'Necessary Party' Unless Compelled By Law: Rajasthan High Court Reiterates

Live Law  

Rajasthan High Court has reiterated that merely because a person was holding some relevant evidence to present on the questions involved in a dispute, that in itself would not make that person a necessary party to be impleaded in the suit. The bench of Justice Nupur Bhati further relied upon the principle of dominus litis, to reject defendant's challenge against …

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

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

Live Law  

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 …

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court
1 month, 1 week ago

Person Residing Or Having Business In Kerala Can Get His Motor Vehicle Registered At Any RTO Within State: High Court

Live Law  

The Kerala High Court has held that a person residing in a state can register his vehicle by any registering authority within the state, irrespective of his place of residence or business within the state, as per Section 40 of the Motor Vehicles Act of 2019. The Counsel for Petitioner submitted as per Section 40 of the Motor Vehicles Act …

[S.83A Registration Act] Registration Authority Can Only Cancel Registered Documents In Cases Of False Impersonation: Kerala High Court
9 months, 1 week ago

[S.83A Registration Act] Registration Authority Can Only Cancel Registered Documents In Cases Of False Impersonation: Kerala High Court

Live Law  

The Kerala High Court has stated that the Registration Act grants power to the registration authorities to a will to cancel a registered deed only in case of false impersonation. On analysing Section 83A of the Registration Act, Justice Viju Abraham stated that registered documents could be cancelled by registration authorities only on grounds of false impersonation for executing a …

Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names
1 year, 1 month ago

Kerala HC Suggests To Maintain Database Of Societies Under Travancore-Cochin Literary Societies Registration Act To Avoid Duplicity Of Names

Live Law  

The Kerala High Court has suggested the establishment of a database of societies registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, so that the District Registrars can avoid any dispute regarding names and other particulars between registered societies, and those seeking registration under the Act. In response to the same, the Court was informed that the District …

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court
1 year, 3 months ago

Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court

Live Law  

The Kerala High Court recently held that a document which was to be compulsorily registered under Section 17 and 49 of the Registration Act, if unregistered, then it cannot be admitted in evidence. The Court considered mainly two issues, firstly, if an unregistered document which was required to be registered under the Registration Act, if remained unregistered, could be admissible …

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing
1 year, 3 months ago

Kerala High Court Directs State To Inform All Registering Authorities That Marriages Can Be Registered Through Video Conferencing

Live Law  

The Kerala High Court has directed the State Government to inform all registering authorities that marriages can be registered by securing the presence of the parties by video conferencing. Justice Devan Ramachandran directed the State Government to comply with the direction within two weeks so that parties would not have to approach the Court each time with the same request. …

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute
1 year, 5 months ago

[Senior Citizen Couple] Kerala High Court Holds Convenience Of Wife To Be Prioritised In Petition For Transfer Of Matrimonial Dispute

Live Law  

The Kerala High Court recently held that when a wife seeks transfer of a matrimonial case to a court of her convenience, it should ordinarily be allowed by the court. A division bench of Justice Anil K Narendran and Justice P G Ajithkumar passed the order relying on a catena of Apex Court decisions that held that the convenience of …

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties
1 year, 10 months ago

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

Live Law  

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which …

Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry
2 years, 1 month ago

Cases Pending For Years, Introspection By Judiciary Necessary; Otherwise People Will Lose Faith: Kerala High Court Issues Directions To Registry

Live Law  

Commenting on the delay in adjudication of cases, the Kerala High Court recently observed that introspection by the judiciary is also necessary or otherwise, people will lose faith in the system.The court directed its Registrar General and Registrar to bring to the Chief Justice's notice the old writ petitions pending in different jurisdictions and take appropriate steps in. Commenting on …

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court
2 years, 3 months ago

Applications For Correction In Birth Certificate Can't Be Rejected Summarily, Registrar Must Consider Evidence Placed Before It: Kerala High Court

Live Law  

The Kerala High Court recently directed all the Registrars under the Municipality and Grama Panchayat to conduct an enquiry adhering to provisions under the Registrations of Birth and Deaths Act, 1969, while considering applications seeking correction of Birth Certificates, and not to reject such applications summarily. Justice Amit Rawal made the direction upon noting instances where the Registrars, without adhering …

Using Name Of A State For Non-Commercial Establishments Prohibited: Kerala High Court Overrules Single Bench Order
2 years, 5 months ago

Using Name Of A State For Non-Commercial Establishments Prohibited: Kerala High Court Overrules Single Bench Order

Live Law  

The Kerala High Court recently held that a private organisation cannot use the name of a State in its title, irrespective of the profit or purpose for which it is constituted, even if it is a non-commercial organisation going by the Emblems and Names Act, 1950 and the corresponding Rules. A Division Bench of Chief Justice S. Manikumar and Justice …

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents
2 years, 9 months ago

'Problem Being Faced On A Regular Basis': Calcutta HC Directs District Registrar To Ensure Supply Of Legible Copies When Application Is Made For Certified Copies Of Registered Documents

Live Law  

The Calcutta High Court has recently directed the District Registrar to ensure that legible copies are always provided when certified copies of a registered document is applied for otherwise the intervention of the Court will always be required for the supply of such legible copies. Subsequently, the petitioner had applied to the District Registrar to furnish a legible copy of …

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry
2 years, 9 months ago

Petition Listed After Prolonged Delay Despite Repeated Requests By Counsel; Kerala High Court Seeks Response From Registry

Live Law  

The Kerala High Court on Monday directed its Registrar to explain why a couple of writ petitions were not listed before a Bench on time despite all the defects being cured and recurring requests from the counsel for the petitioner. Jayasankaran Nambiar and Justice Mohammed Nias C.P sought a response from the Registry having found force in the submission of …

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates
2 years, 10 months ago

Temporary Shift In Residence Not A Foundation To Transfer Matters Pending Before Competent Jurisdiction : Kerala High Court Reiterates

Live Law  

The Kerala High Court on Tuesday held that a mere temporary shift of residence cannot be the basis on which a matter pending before the competent jurisdiction is transferred, particularly when the petitioner's permanent residence is within the jurisdiction of the competent court. Observing so, Justice A. Badharudeen refused to entertain a transfer petition filed by a woman who had …

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions
3 years, 1 month ago

Madras High Court Recommends Constitution Of Quasi-Judicial Appellate Tribunal For Cancellation Of Registrations Arising Out Of Fraudulent Transactions

Live Law  

The Madras High Court on Friday observed that fraudulent registration of sale deeds in the State have only reduced and not stopped completely despite several measures undertaken by the Registration Department over the years. Justice R. Suresh Kumar also recommended the constitution of a quasi-judicial appellate tribunal headed by a retired High Court judge and comprising two members one. Justice …

Section 71 Of Registration Act -Reasons For Refusal To Register A Property To Be Recorded: Kerala High Court
3 years, 5 months ago

Section 71 Of Registration Act -Reasons For Refusal To Register A Property To Be Recorded: Kerala High Court

Live Law  

The Kerala High Court earlier this week ruled that the petitioner cannot be asked to pay a fine for delayed presentation of a document under the Registration Act if such delay was caused due to the wrongs committed by Sub Registrar. Justice Raja Vijayaraghavan V while allowing the petition also held that reasons for refusal to register a deed under …

Kerala High Court Directs Family Courts To Mask The Name Of Adoptive Parents When Issuing Certified Copies Of Orders
3 years, 8 months ago

Kerala High Court Directs Family Courts To Mask The Name Of Adoptive Parents When Issuing Certified Copies Of Orders

Live Law  

In a recent judgment, the Kerala High Court directed the Registrar to issue necessary directions to all family courts in the state to mask the name of adoptive parents while issuing certified copies of orders.While hearing a case pertaining to the correctness of a procedure for surrender and adoption, a Division Bench of Justices A Muhamed Mustaque and Dr Kauser. …

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court
4 years ago

Withholding Of Title Deeds Towards Security By PSU Bank Doesn't Involve Any Element Of Public Duty: Kerala High Court

Live Law  

"Providing of credit facility or providing of loan on the strength of title deeds given in security cannot be said to be done in discharge of any public function, even in a case where it is made by a Public Sector undertaking/Bank", ruled the Kerala High Court on Wednesday. The Court cited the Apex Court's ruling in the case of …

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority
4 years, 5 months ago

Plea Seeking E-Registration Of Documents and Digitisation of Sub-Registrar's Office, Delhi HC Gives Liberty To Make Representation Before Concerned Authority

Live Law  

Delhi High Court has given the liberty to make a representation before an appropriate authority in a plea seeking establishment of a system for e-registration of all documents in order to dispense with the physical presence of all the parties. Moved by Mr DC Tuteja, the petition seeks a direction to be issued to the Respondents to formulate policy and …

Discover Related