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Registering authority can not refuse to register any documen

 

Registering authority can not refuse to register any document on the ground that title of the vendor has not been shown

 
It is contended on behalf of the respondents that there are many instances where the parties without any title seek to transfer such purported title which they do not have and legitimize the illegal act by the process of registration. That may be the ground reality. The Registering Authority, being conscious of such a fact, may consider himself obliged to prevent transfers by such illegal acts. However the jurisprudential rule that none can transfer a better title than what he has is indeed as elementary as it is basic. The Registering Authority, therefore, need not be take open itself the duty of a Civil Court which alone would go into question of title upon it being challenged. The law in that behalf is clear. In this case the Registering Authority has persisted in refusing to registerthe document on the ground that the title of the vendor has not been shown. It is only the Civil Court which would consider the title. There is nothing in the Registration Act or the Registration Manual to empower the Registrar in seeing or satisfying himself about the title of the vendor. Hence registration entails nothing more than the factum that the executants or their agents attended before the Registrar and admitted the execution of the document.

Bombay High Court
Chairman/Secretary vs The State Of Maharashtra & Ors on 10 October, 2012


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