Sub-Registrar has no Authority to Ascertain whether the Vendor has Title

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Saji Koduvath, Advocate, Kottayam

Sub Registrar cannot refuse registration on the ground, No Title

In K. Gopi v. The Sub-Registrar our Apex Court (Neutral Citation: 2025 INSC 462: Abhay S Oka and Ujjal Bhuyan, JJ.; 7. 4. 2025) held that the registering officer cannot refuse to register a document, on the ground that the vendor has not established his title and ownership.

SC declared TN Rules, ultra vires the 1908 Act

The Supreme Court declared Rule 55A of the Registration Rules under the Registration Act, 1908,  framed by the Government of Tamil Nadu, as ultra vires the 1908 Act. This rule provided that the Sub-Registrar was entitled to refuse the registration of the sale deed on the ground that the vendor has not established his title and ownership.

The court said as under:

  • “15. The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid. We may note here that under the scheme of the 1908 Act, it is not the function of the Sub-Registrar or Registering Authority to ascertain whether the vendor has title to the property which he is seeking to transfer.
  • Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliances as narrated above, the document must be registered. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any transfer.
  • 16. Therefore, assuming that there is a power under Section 69 of the 1908 Act to frame the Rules, Rule 55A(i) is inconsistent with the provisions of the 1908 Act. Due to the inconsistency, Rule 55A(i) will have to be declared ultra vires the 1908 Act. The rulemaking power under Section 69 cannot be exercised to make a Rule that is inconsistent with the provisions of the 1908 Act.”

Earlier Decision of the Apex Court

Earlier, the Supreme Court, in Satya Pal Anand v. State of MP, AIR 2016 SC 4995; 2016-10 SCC 767, held as under:

  • “He is not expected to evaluate the title or irregularity in the document as such. The examination to be done by him is incidental, to ascertain that there is no violation of provisions of the Act of 1908. In the case of Park View Enterprises (Park View Enterprises v. State of Tamil Nadu, AIR 1990 Mad 251) it has been observed that the function of the Registering Officer is purely administrative and not quasi-judicial. He cannot decide as to whether a document presented for registration is executed by person having title, as mentioned in the instrument.”

Note: No Rules had to be looked into in this case (as one came for consideration in K. Gopi v. The Sub-Registrar).

Registering officer is not permitted to inquire into validity of the Deed

The same view (in Satya Pal Anand v. State of MP) was taken in State of Gujarat v. Rajiv Maheshkumar Mehta (09 Aug 2016, Guj.) holding that the registering officer is not permitted to undertake inquiry into legality and validity of the title and document; and that the registering officer is not empowered to act like a judicial officer. The Gujarat High Court referred to the following decisions:

  • (1) Krishna Gopal Kataria v. State of Punjab, AIR 1986 P & H 328. That powers of Registrar are clearly defined and demarcated and any instruction by the State Government to the Registrar and in turn to the Sub-Registrar not to register sale deeds or lease deeds in respect of properties belonging to religious/charitable institutions in absence of any statutory provision was held to be illegal. It was further held that Act 1908 is a complete code of deeds.
  • (2) Bihar Deed Writers Association v. State of Bihar, AIR 1989 Pat 144, in which, it was held that it is not for registering authority to ascertain title to its own satisfaction and in the fact of that case absence of any declaration by the parties in respect of Bihar Land Reforms Act 1961 and refusal to register the sale deed was held bad in law.
  •  (3) E. Eshaque v. Sub-Registrar, Kozhikode, AIR 2002 Ker 128 whereby it was held that registering authorities is not required to satisfy title, possession or encumbrances in respect of property sought to be registered. In this case also reliance was placed by the High Court of Kerala on the decision in the case of Bihar Deed Writers Association v. State of Bihar.
  • (4) State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77 In the above case Section 22A inserted by Registration Amendment Act 16 of 1976 whereby documents to be registered if found opposed to public policy and notifications issued in this regard was held to be unconstitutional and secondly notifications issued thereunder where quashed and set aside. In the above decision even power of attorney was also interpreted in light of Chapter X of Contract Act, 1872.
  • (5) Captain Dr. R. Bellie v. Sub-Registrar, Sulur, AIR 2007 Mad 331. It was the case when registration of document was denied on the ground that it was opposed to public policy and relying on decision in the case of State of Rajasthan v. Basant Nahata, AIR 2005 SC 3401 provision made vide Government Order No. 150 pertaining to commercial taxes was set aside and provisions of Section 22A inserted by registration (Tamil Nadu Amendment) Act, 1994) was held to be unconstitutional.
  • (6) Pandurangan v. Sub-Registrar, Reddiar-palayam Pondicherry, AIR 2007 Mad 159, in which it was held that withholding of registration of document is not permissible based on executive instructions in absence of any statutory rule and that registering authority has no power to make inquiry relating to title. In this case even amendment made to Rule 54 framed in exercise of powers under Section 69 of the Act 1908, by which, scope of power conferred upon registering authority under Sections 34 and 35 of the Act came to be enlarged and was held to be illegal by holding that statutory rules cannot override express provisions of the statute and execution instructions cannot override either of the two.
  • (7) Rajni Tandon v. Dulal Ranjan Ghosh Dastidar, 2009 (3) GLH 533 whereby the Apex Court held that holder of power of attorney himself is executant of the document to be registered is entitled to present such document before registering officer for registration and in such a case namely where a deed is executed by a agent for principal and the same agent signs, appears and presents the deed or admits an execution before Registering Officer, it is not a case of presentation under Section 32(c) of the Act 1908. In other words, only in cases where the person signing the document cannot present the document before the registering officer and gives a power of attorney to another to present the document that the provisions of Section 33 get attracted. It is only in such a case, that the said power of attorney has to be necessarily executed and authenticated in the manner provided under Section 33(1)(a) of the Act 1908.
  • (8) Shakuntala Devi v. State of Jharkhand, AIR 2010 Jha 56 keeping in mind Sections 34 and 35 of the Act 1908, whereby it is held that registering officer can only see whether document is duly stamped to valuation given and that he has no jurisdiction to withhold or refuse registration of sale deed on the ground that vendor has no title.

No provision empowers Sub Registrar to satisfy himself as to the title

In Eshaque v. Sub Registrar, 2002 (1) KLT 330, it is held that there is no provision which empowers the Sub Registrar to satisfy himself as to the title; and that the Sub Registrar is not justified in requiring the executant of the deed to produce possession certificate from the competent authority to establish possession of property. It is followed in the following decisions:

  • Sumathi v. State of Kerala, ILR 2018-4 Ker 956; 2018-5 KHC 586; 2018-4 KLT 959
  • Nilambur Rubber Company Ltd. v. State of Kerala, 2024-4 KLT 642 (Held- registration of a sale deed cannot be refused, on the premise that the executant has no ownership, but only possession over the property conveyed.)
  • Pankaj Kumar Harlalka v. State of Jharkhand, 2002-3 JCR 152; 2005-2 JLJR 118.

High Courts were unanimous on this issue

In Makhanbala Chakraborty v. Pranab Kanti Basu, 26 Sep 2014, the Tripura High Court observed that the High Courts seem to be unanimous on this issue that the Registrar/Sub-Registrar cannot refuse to register a conveyance entered into by a squatter, since the Registrar does not have the authority to question the title of the transferor. Following decisions were referred to:

  • Bihar Deed Writers Association v. State of Bihar: AIR 1989 Pat 144(DB) (para 3);
  • Hari Singh v. Sub-Registrar, : (1998) 120 PLR 787 (DB) (paras 8 to 11),
  • K. Eshaque v. Sub-Registrar, : AIR 2002 Ker 128 (paras 7 to 9);
  • Gopal v. District Collector, Bhandara, (2003) 3 Mah LJ 883 (para 11);
  • Yadla Ramesh Naidu v. Sub-Registrar, : (2009) 1 ALD 337 (paras 22 to 25);
  • Ashwini Ashok Khirsagar vs. State of Maharashtra, (2010) 3 AIR Bom R (NOC 318) 90 (paras 4 to 8);
  • Deep Apartment v. State of Maharashtra, : (2012) 6 Bom LR 3782; (paras 6 to 9);
  • Gurjeet Singh Madaan v. Sub-Registrar, CS (OS) 340/2013, decided on 26-09-2013 (Delhi High Court, paras 23 to 25).

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