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Rajendran (student )     02 March 2014

Registration of sale deed outside state of tamilnadu is void

Registration of Sale deed outside state of Tamilnadu is Null and Void.

Section 28 of Act related to place of document was amended by Tamilnadu State amendment Act 19 of 1997 with effect from 29/3/1997 after passing in state legislative assembly of Tamilnadu and also obtaining assent of president under Article 200 of Constitution to protect the law constitutionally under Article 254(2) of Constitution of India.

Now Section 28(b) of Registration Act, 1908 for state of Tamilnadu reads as

“Any document registered outside state of  Tamilnadu is deemed to be null and Void.”

Whether Section 28 of Registration Act, 1908 as amended by Tamilnadu legislature vide Act 19 of 1997 is unconstitutional, ultra vires and in violation of Articles 14, 162, 200, 254 and 300A of Constitution of  India ?

Whether document registered outside state of Tamilnadu could be received under Section 49(Provisio) of Registration Act, 1908 as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 and again insist on seller to register sale deed in Tamilnadu?

Then what is the  scope of limitation in this aspects to insist for registration of sale deed again in Tamilnaud? 

 

 

 



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