Court Rules Registrar Can Conduct Enquiry But Not Cancel Registered Sale Deeds
In a significant ruling, the Andhra Pradesh High Court has clarified the extent of powers held by the Registrar under the Registration Act, 1908, in property disputes. The court, presided over by Justice V. Sujatha, addressed the case involving petitioner Sornapudi Chinna Rao and the Principal Secretary of the Stamps and Registration Department, State of Andhra Pradesh.
The case stemmed from a notice issued by the Registrar, directing Rao to present evidence regarding the title of a disputed property. The petitioner had challenged this notice, arguing it was illegal and beyond the Registrar's jurisdiction.
Justice Sujatha referenced Section 75(4) of the Registration Act, 1908, which empowers the Registrar to summon witnesses and compel evidence for enquiring into title disputes. However, the court emphasized that the Registrar does not possess the authority to cancel registered sale deeds.
The dispute originated when Rao's property, sold to M/s Srinivasa Enterprises and later mortgaged to the State Bank of India (SBI), was auctioned off after the firm defaulted on its loan. Rao allegedly sold the same property again to Mrs. Neelam Varalakshmi, prompting a complaint from SBI, leading to the Registrar's notice.
The court noted that while the Registrar can conduct an enquiry to ascertain title, the cancellation of sale deeds falls outside their jurisdiction. Consequently, the court upheld the Registrar's notice for enquiry but restrained any actions towards cancelling the sale deed.
Petitioner Rao has been directed to appear before the Registrar with relevant documents within four weeks to prove his property title, following which an enquiry will proceed as per Section 74 of the Registration Act.
This ruling delineates the Registrar's administrative capabilities in property matters, underscoring the judicial system's role in adjudicating disputes over property titles.
Bottom line:-
Registrar has jurisdiction under Section 75(4) of the Registration Act, 1908 to conduct an enquiry and summon evidence to ascertain title over disputed property, but lacks authority to cancel registered sale deeds.
Statutory provision(s): Section 75(4) of the Registration Act, 1908; Section 74 of the Registration Act, 1908.
