The Karnataka High Court on Friday declared that a sub-registrar cannot assume the powers of a court or an authority to come to the conclusion that a transaction is prohibited under a particular enactment and thereby prohibit its registration.
If sub-registrars are allowed to assume these powers, then it could be a case of ‘putting the cart before the horse’, the court said. It also declared that sub-registrars, at the time of registration of properties, cannot hold an enquiry on whether local laws are violated with respect to an immovable property.
A Division Bench comprising Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna passed the order while allowing petitions filed by C. Ramachar and others, who had questioned the circulars issued by the government on April 9, 2009 and April 3, 2012 banning registration of certain types of properties, including revenue sites and gramathana sites, and imposing conditions for registration.
The circulars had also made production of several records [ see box ], layout plan approval order, etc mandatory for registration of any property. The circular was issued to prevent registration of properties in violation of the Land Revenue Act and other laws.
The Bench pointed out that the Registration Act only states what documents pertaining to certain transactions that have to be registered compulsorily when they relate to immovable property and with regard to certain other transactions which need not be registered.
Terming that the government has no power to deny registration of documents listed under Registration Act as the apex court in 2005 had set aside such laws enacted by many States, including Karnataka, the Bench said that there is a machinery for invalidating the transfer of immovable properties in violation of the law, including penal provisions under different laws.
List of documents demanded by authorities
Affidavit declaring that no violation of any law with respect to property to be registered
Valuation certificate for the property
Land conversion orders
Khata/RTC
Approved layout/building plans
Survey sketch
