Madras High Court Verdict
In a significant judgment, the Madurai Bench of the Madras High Court has declared Section 34-C of the Registration Act to be unconstitutional and beyond the bounds of the Constitution. This decision was made in response to a batch of petitions challenging the validity of the aforementioned section.
Key Findings
The court, comprising Justices N. Sathish Kumar and M. Jothiraman, observed that Section 34-C authorizes the Sub-Registrar to investigate and determine title disputes, which is a function reserved exclusively for civil courts. The judges emphasized that the Registration Act is primarily concerned with the registration of documents and not with the underlying transactions affecting property, which are governed by the Transfer of Property Act.
The court noted that the Registration Act provides a procedural framework for registration and public notice of documents, whereas the validity and legal consequences of transactions related to immovable property are governed by the Transfer of Property Act. Therefore, any provision in the Registration Act that seeks to regulate or determine substantive rights in immovable property must be examined in light of the Transfer of Property Act.
Separation of Powers
The judges stated that the impugned provision is unconstitutional as it breaches the principle of separation of powers, which is a fundamental aspect of the Constitution. The court held that the adjudication of title disputes is a judicial function that cannot be entrusted to an authority with a purely ministerial and administrative role under the Registration Act.
Directions to Inspector General of Registration
The court directed the Inspector General of Registration to prepare and publish a comprehensive list of encumbrances in Book I, indexed survey number-wise and door number-wise. This exercise should be undertaken immediately in all Sub-Registrar Offices across Tamil Nadu and completed in a phased manner.
The Inspector General of Registration was also instructed to verify the integrity of encumbrance entries in Book I and ensure that they are properly reflected in the encumbrance certificates.
Conclusion
The Madras High Court’s verdict has significant implications for property transactions in Tamil Nadu. The decision reinforces the importance of separating powers and ensures that the constitutional right to property is protected.
Source: Original Article
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