Court upholds the sanctity of registered sale deeds, emphasizing that only civil courts can adjudicate allegations of fraud or impersonation.
In a significant judgment, the Allahabad High Court has reaffirmed the sanctity of registered sale deeds under the Registration Act, 1908, emphasizing that administrative authorities lack the jurisdiction to annul such deeds, even in cases of alleged fraud or impersonation. The Division Bench of Justices Neeraj Tiwari and Vivek Saran delivered the ruling on July 7, 2026, in the case of Smt. Prema Devi v. State of U.P. The court quashed the Government Order dated August 13, 2013, which had conferred arbitrary powers on registering authorities to cancel registered sale deeds.
The case arose when Jang Bahadur alleged that his brother impersonated him to sell land to Prema Devi, the petitioner, through a registered sale deed. Acting upon these allegations, the Assistant Inspector General of Registration, Gorakhpur, cancelled the sale deed using powers under the now-quashed Government Order. Smt. Prema Devi challenged this action, asserting that the registering authority becomes functus officio after registration and cannot revoke a deed.
The court underscored that allegations of impersonation or fraud are matters that necessitate detailed examination of evidence, suitable only for competent civil courts. The judgment referenced previous rulings, including Smt. Kusum Lata v. State of U.P. and Krishna Kumar Saxena v. State of U.P., which consistently held that administrative authorities cannot annul registered documents.
The court's decision highlights that any actions taken under the quashed Government Order cannot stand, reaffirming the necessity for judicial intervention in disputes over registered deeds. The court allowed the writ petition, quashing the annulment of the sale deed, while leaving respondents free to pursue civil remedies.
Bottom line:-
A duly registered sale deed under the Registration Act, 1908 cannot be canceled or set aside by the registering authority or any authority invoking administrative powers, even if the registration is questioned on grounds of impersonation or fraud.
Statutory provision(s): Registration Act, 1908
Smt. Prema Devi v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2939602
