Court Directs Prison Authorities to Facilitate Registration of Sale Deed for Incarcerated Petitioner
In a landmark judgment reinforcing the rights of under-trial prisoners, the Karnataka High Court has directed the Superintendent of Central Prison, Dharwad, to facilitate the registration of a sale deed for an incarcerated petitioner. The court's decision, delivered by Justice Sachin Shankar Magadum, underscores the statutory provisions of the Registration Act, 1908, which allow under-trial prisoners to execute and register documents pertaining to immovable property without personal appearance at the registration office.
The petitioner, Shri Basavaraj Shankrappa Avvannavar, currently lodged in Central Prison, Dharwad, had filed a writ petition seeking a directive for the Sub-Registrar to visit the prison to complete the registration formalities for a sale deed. His incarceration had prevented him from appearing personally before the Sub-Registrar's office, thereby obstructing his right to alienate his immovable property.
The court examined Section 38 of the Registration Act, 1908, which provides a mechanism for certain individuals, including those in jail, to register documents without physical presence at the registration office. Justice Magadum emphasized that the statute mandates the Registering Officer to visit the jail or issue a commission for examination to ensure that a person's incarceration does not impair their proprietary rights.
The court noted that the failure of prison authorities to facilitate this process was due to a communication lapse from the Sub-Registrar and not a deliberate oversight. It reiterated that administrative inconvenience cannot override statutory rights, and under-trial prisoners retain their civil and proprietary rights unless restricted by law for maintaining prison discipline.
In its order, the court allowed the writ petition and directed the prison authorities to permit the Sub-Registrar to visit the prison and complete the registration process within four weeks. This judgment reaffirms the legal principle that under-trial prisoners do not lose their civil rights and are entitled to execute legal documents related to their property.
Bottom line:-
Under Section 38 of the Registration Act, 1908, an under-trial prisoner retains the right to execute and register a document pertaining to immovable property. The statute mandates the Registering Officer to either visit the prison or issue a commission for examination, ensuring that incarceration does not impede an individual's proprietary rights.
Statutory provision(s): Section 38 of the Registration Act, 1908
