Sub Registrar Can't Refuse To Register Transfer Of Possessory Rights Saying Prior Title Deeds Were't Produced : Kerala High Court

The Kerala High Court has held that the Sub-Registrar cannot refuse to register documents for transfer of possessory rights, merely because the executants have not been able to produce the prior documents of the property in question. 

The Single Judge Bench of Justice Gopinath P. relied upon the decision in Sumathi & Anr. v. State of Kerala & Anr. (2018), wherein it had been held that the Sub Registrar is not authorized to insist that the executant ought to produce prior documents in light of Section 17 of the Registration Act ('Documents of which registration is compulsory').

"The persons executing the document can only transfer the right that they have and merely because they are purporting to transfer possessory rights and they are not able to produce any prior documents, cannot be a ground for the Sub Registrar to refuse registration," Justice Gopinath observed. 

The petitioners had been aggrieved by the Sub-Registrar's refusal to sign the documents on the ground of non-production of prior documents. The Government Pleader Deepa V. urged that the prior documents were equired by the Sub-Registrar, since the petitioner claimed to have obtained 'verum pattam' rights(possessory rights) over the property. To this, Advocate V.A. Johnson representing the petitioners, replied that even possessory rights could be transferred, and the Sub Registrar could not refuse registration, especially since the property in question was not government land. 

The Court thus found merit in this contention advanced by the petitioners, and noted that it had been categorically laid down in P. Narayanan v. The Sub-Registrar (2018) that there would be no impediment under law in transferring possessory rights, and that the possession which is based on a lease or under a title would not be a matter for enquiry by the Sub Registrar. The Court opined that the same principles would apply in the present case, as well. 

The Court thereby directed the documents to be registered, in compliance with the usual formalities, and without insisting on production of the prior documents. 

Case Title: Balachandran v. Sub Registrar, Vadakkenchery & Anr. and Premakumaran & Ors. v. Sub Registrar, Vadakkenchery & Anr. 

Citation: 2023 LiveLaw (Ker) 341

Case Number: W.P. (C) No. 21010 of 2023

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