Telangana HC Issues Dos and Don’ts to Registration Departments

Hyderabad: Justice N.V. Shravan Kumar of the Telangana High Court rung down the curtains on the registration department’s whimsical actions. He disposed of 24 writ petitions dealing with the grievance of petitioners against the sub-registrar of Pedda Amberpet, Rangareddy district, in refusing to register sale deeds.

The judge formulated a series of directions to the registration authorities requiring strict adherence.

In his 28-page judgment, the judge laid down seven guidelines inter alia stating that whenever a citizen approaches the authority to register documents, the officer concerned shall as expeditiously as possible, preferably within one week, either register the document or a pass refusal order, in terms of the Registration Act, 1908 and the Indian Stamp Act, 1899 and communicate the same to the concerned parties.

The registering authorities shall not refuse the documents orally and it must be followed by a written refusal order, if any.

The judge also said that in case documents were refused for registration, the procedure for refund of stamp duty and registration charges should be simplified and the parties should clearly understand it before paying them.

Justice Shravan Kumar said that that respondents, who have control, are directed to issue fresh memos/circulars or instructions to sub-registrars so as to not insist on court orders for registration of documents on the same ground; GOs/ notifications/circulars/memos/proceedings or orders passed by the authorities, which have been set aside or modified by the court and also when there is no pending appeal and in those matters that have attained finality.

The judge accordingly allowed the writ petition and set aside the refusal orders.

Justice N.V. Shravan Kumar of the Telangana High Court sets out guidelines with regard to registration of sale deeds

· The officer shall, preferably within one week, register the document or a pass refusal order, in terms of the Registration Act, 1908 and the Indian Stamp Act, 1899 and communicate the same to the concerned parties.

· The registering authorities shall not refuse documents orally, refusal must be followed by a written order

· In case documents were refused for registration, procedure for refund of stamp duty and registration charges should be simplified and the parties should understand it before paying.

· Respondents directed to issue fresh memos/circulars, instructions to sub-registrars to not insist on court orders for registration of documents

· This refers to GOs, notifications, circulars, memos, proceedings or orders passed by the authorities, which have been set aside or modified by the court; when there is no pending appeal; in matters that have attained finality.