Registration Cannot Be Refused Due To Lack Of Title Documents

The Supreme Court (SC), in the K. Gopi case,¹ held on April 7, 2025 that Sub-Registrar or Registering Authority (SR) cannot adjudicate on the seller's title document to execute transfer property and refuse registration in the absence of the same. It also struck down as ultra vires Rule 55(A)(i)² of the Tamil Nadu Registration Rules, 1949 (TN Rules) under the Registration Act, 1908 (Registration Act) as it is inconsistent with the parent Act.

Brief Facts

In 2022, Jayaraman Mudaliyar had executed a sale deed in favour of K. Gopi (Gopi) in respect of certain immovable property.

The SR had refused to register the sale deed on grounds that there were no title documents of the seller to the property. Gopi preferred a writ petition before the Madras High Court (HC) contesting the rejection, which was dismissed. Gopi then appealed before the District Registrar (DR).