Registration Act Only Stipulates Time For Presentation Of An Instrument, No Time Fixed Within Which It Must Be Registered: Telangana High Court
The Telangana High Court recently observed that though Registration Act 1908 makes it imperative to present an instrument for registration within four months from the date of its execution, no time is fixed within which a deed presented and accepted for registration must be registered.Justice NV Shravan Kumar further observed that in terms of Section 23 of the Act, no document other than a...
The Telangana High Court recently observed that though Registration Act 1908 makes it imperative to present an instrument for registration within four months from the date of its execution, no time is fixed within which a deed presented and accepted for registration must be registered.
Justice NV Shravan Kumar further observed that in terms of Section 23 of the Act, no document other than a will shall be accepted for registration unless presented to the Registering Authority within four months from the date of its execution.
The court was dealing with a case seeking registration of lease deed which was submitted within 4 months period but could not be registered due to successive re-scheduling of registration date for one reason or the other.
The petitioner had sought a direction to the Registrar to complete the registration expeditiously. He mentioned that initially, the date of registration was re-scheduled due to the date fixed being declared as a holiday. Subsequently, it was re-scheduled several times on account of Covid-19 induced lockdown.
"In the case on hand, it is obvious that the subject lease of agreement was executed on 20.11.2019 and appears to be presented before the Registering Authority and on acceptance and stated to have been orally given various dates to attend for registration drawn the Challan bearing No.5149659836504 on 12.03.2020, which is within the prescribed period of four months from the date of its execution and the actual date of four months would be completed on 20.03.2020," the Court noted at the outset.
The Petitioner submitted that registration of subject agreement can be extended as per the saving clause under Section 23 of the Registration Act, with the order of the Court. Reference was also made to Supreme Court's suo moto directions as per which the period from 15.03.2020 till 28.02.2022 stand excluded for the purposes of limitation.
The High Court observed that the effect of COVID-19 pandemic caused hardship to both the parties i.e. petitioners and the respondents and that the petitioners made representations from time to time and there is no negligence on the part of the petitioners. Even as per the record, the Challan is paid on 12.03.2020 within the prescribed period of four months from the date of execution of the subject lease deed dated 20.11.2019, which was accepted by the Registering Authority.
In view of the above, the court disposed of the plea while directing the Respondent-authority to consider the Petitioner's representations seeking extension of the validity of the registration of the subject lease agreement and pass appropriate orders within a period of four weeks.
However, the Court made it clear that it will be open to the authority to refuse the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision.
Case Title: Tata Consumer Products Limited and another v. The State of Telangana
Citation : 2022 LiveLaw (Tel) 77
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