- Case
- K. GOPI v. THE SUB REGISTRAR (Supreme Court of India, 07-04-2025)
- Law
- Registration Act.
Registration Act, 1908: The judgment extensively discusses the Registration Act, 1908. It refers to Rule 55A of the Registration Rules framed under this Act by the Government of Tamil Nadu, which allows the Sub-Registrar to refuse registration of a sale deed if the vendor hasn't established title and ownership. The appellant argued that Section 69 of the Act does not empower the Inspector General to frame rules allowing refusal of registration based on the vendor's title. The court examines Section 69, which outlines the Inspector General's power to superintend registration offices and make rules consistent with the Act, specifically clauses (a) to (j). The court finds that none of these clauses provide for framing rules to refuse registration based on the vendor's title. The judgment also refers to Sections 22-A and 22-B, incorporated by the State of Tamil Nadu, which provide for refusal to register certain documents, but not on the grounds of failure to produce title documents. The court concludes that Rule 55A(i) is inconsistent with the Registration Act, 1908, and is therefore ultra vires. The court states, "assuming that there is a power under Section 69 of the 1908 Act to frame the Rules, Rule 55A(i) is inconsistent with the provisions of the 1908 Act. Due to the inconsistency, Rule 55A(i) will have to be declared ultra vires the 1908 Act."
Registration Rules: The judgment centers around Rule 55A of the Registration Rules, specifically Rule 55A(i). The rule mandates that a registering officer shall not register a document relating to immovable property unless the presentant produces the previous original deed by which the executant acquired the right over the subject property and an encumbrance certificate obtained within ten days of the date of presentation. The court analyzes the validity of this rule in relation to the Registration Act, 1908, finding it inconsistent and therefore ultra vires. The judgment states, "Rule 55A provides that unless documents are produced to prove that the executant has a right in respect of the property subject matter of the instrument, the registration of the same shall be refused."
Ultra Vires: The judgment declares Rule 55A(i) of the Registration Rules as ultra vires the Registration Act, 1908. This declaration is based on the court's finding that the rule is inconsistent with the provisions of the Act, particularly regarding the power of the registering officer to refuse registration based on the vendor's title. The court explicitly states, "Due to the inconsistency, Rule 55A(i) will have to be declared ultra vires the 1908 Act."
