Property Registration Archives

Waqf Board cannot override court orders to keep a property on the Section 22-A prohibited list: Andhra Pradesh HC

The Court directed the registration authorities to delete the subject property from the list of prohibited properties under Section 22-A, Registration Act, 1908 and register the property as per the Registration Act and Stamp Act, 1899, holding Waqf Board’s claim on property was contrary to Court orders and they cannot ignore final decree passed by Court.

R. 55A(i) Registration Rules ultra vires

Case Briefs Supreme Court

SC declares R. 55A(i) of Registration Rules as ultra vires for being inconsistent with provisions of Registration Act, 1908

“No provision under the 1908 Act confers power on any authority to refuse registration of a transfer document on the ground that the documents regarding the title of the vendor are not produced, or if his title is not established”.

Case Briefs High Courts

Pleadings in a suit are not a ‘document’ or ‘Instrument’; Cannot be registered by authorities or entered in the encumbrance certificate: Madras HC

“Pleadings by themselves do not meet the requirements under Section 17 or Section 18 of the Registration Act, 1908 for registration, nor do they satisfy the definition of an “instrument” under Section 2(14) of the Stamp Act, 1899.”