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ARTICLE · 14 APRIL 2025

Breaking Barriers: SC Strikes Down Rule Hindering Property Registrations Without Title Docs

The Supreme Court of India in the matter of K. Gopi vs The Sub-Registrar & Ors.

IndiaReal Estate and Construction

Introduction

The Supreme Court of India in the matter of K. Gopi vs The Sub-Registrar & Ors1. has struck down Rule 55A(i) of the Tamil Nadu Registration Rules, which previously allowed Sub-Registrars to refuse the registration of documents if the executant (person executing the document) failed to produce title documents. The apex court held this provision to be ultra vires the Registration Act of 1908, meaning it was found to be in violation of the Act's legal framework. The judgment has far-reaching implications for property transactions and functioning of registering authorities in the state of Tamil Nadu and could set a precedent for similar laws in other states across India.

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