Registration of sale deed
S Jegadeesan
(Querist) 24 July 2025
This query is : Resolved
Sir
I would like to clarify some doubt regarding Registration of a sale deed.
My Friend has bought some Agri Land in 2001 through Sale deed executed by Subramanian who was one of the legal heirs of Deva . Thereafter my friend sold the same to me on 28th Mar.2025 . But the sale deed has been registered and not handed over to me due to Protest Petition filed by some legal heirs of Deva & SRO informed that it would be released after inquiry with the Protest petitioner .
But I contested that nobody can claim after 24 years of the land sold by his brother since it is time barred and also the land has been allotted based on oral partition to Subramanian by then Land Owner Deva . Further Deva left so much of other properties to his other legal heirs .
But SRO Refused my reply & returned the Sale Deed with Refusal check Slip . Hence I approached the High Court and Filed Writ of Certiorarified through my advocate and got the order in favour me on 8th July.2025 .
Due to order is pending to upload in the portal, I could not approach SRO.
In case I will get the order after 27th July 2025 then 4 months period will be over from the date of execution of sale deed .
1) Whether SRO can refuse to register the same since it is beyond 4 months from the date of execution or
2.) Four months period will not be applicable to this case ?
Actually the delay happened due to ignorance of the SRO. Even I have clearly explained with case laws as there is no power to refuse based on Protest Petition and it is not a duty of SRO to investigate about title, simply he refused but now Court ordered to register the same sale deed which has been already complied with all the registration formalities including Signed by both of Buyer , Seller & taken photo in front of SRO and allotted Pending document Number , SRO also Signed with Seal.
It would be great help to clarify the above
kavksatyanarayana
(Expert) 25 July 2025
The SR cannot refuse a document based on a Protest Petition that is correct. But if there are other points in the protest petition, if the SR felt doubt, he had to issue a notice before refusal to the parties. However, the court ordered in your favour. You shall re-present the document with a copy of the court order with the registration charges. The question of 4 months does not arise in this case. You first pay the registration charges, and if you want to claim old registration fees by way of a request for a refund of fees already paid at first instance.
S Jegadeesan
(Querist) 25 July 2025
Thank You so much Satyanarana Sir. Fee has been already paid However I am ready to pay once again if the fee already paid will be refunded .
But SRO is also confusing what to do in this case .That is why raised query here .
Once again thanks for your guidance.
P. Venu
(Expert) 25 July 2025
The narration reveals that the facts are less than convincing.
Even otherwise, the query is based on assumptions and presumptions. Once the Order is pronounced in the open court the directions are binding on the public authority. Uploading in the court website is of no consequence.
What is the WP No.?
S Jegadeesan
(Querist) 25 July 2025
Venu Sir , I have also raised the same query . Since the Govt Advocate also aware about the order pronounced in Madurai Bench Madras High Court. But SRO asked to produce the order copy .
WP(MD) 16068/2025.
There is no need to write anything based on assumptions and presumptions. Since I know the value of time and I never try to waste experts time .
T. Kalaiselvan, Advocate
(Expert) 26 July 2025
Since you have already obtained court order in this regard, there is no question of barred by limitation even if there is delay caused to obtain certified copies. The sub registrar cannot refuse to obey the court order, if he does then you can file a contempt of court order case against him.
S Jegadeesan
(Querist) 26 July 2025
Thank You Kalaiselvan Sir .
