Tag: Transfer of Property Act

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HC nullifies Tamil Nadu law allowing registrars to block deals

MADURAI: The Madras High Court has annulled Section 34-C of the Registration Act, 1908, which was amended by Tamil Nadu in 2026. The court ruled that this section unjustly conferred sub-registrars with the authority to impede property registrations based on issues within civil court jurisdiction. A division bench comprising Justices N. Sathish Kumar and M. Jothiraman deemed the provision unconstitutional and invalid, while accepting four writ petitions that challenged the amendment. Section 34-C prohibited the registration of documents related to immovable property unless the individuals involved presented the original document and an encumbrance certificate. Furthermore, registration was restricted in cases…

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Delhi HC Denies Restraining Property Sale Amid Frivolous Case

NEW DELHI: The Delhi High Court has stated that frivolous cases filed against a property cannot be used as a “weapon of harassment,” allowing an owner with a contested building to proceed with its sale or transfer. “The law acknowledges that courts possess the authority, in suitable cases, to exempt properties from the constraints of Section 52 of the Transfer of Property Act. This exemption serves to protect genuine property owners from being ensnared in vexatious, frivolous, or bad faith litigations,” remarked Justices Anil Kshetarpal and Harish V Shankar in a recent ruling. The court also levied a penalty of…

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Odisha HC: Co-owners can sell undivided property shares freely

CUTTACK: The Orissa High Court recently upheld the rights of co-owners in joint properties, stating that a co-sharer can sell their undivided share without needing consent from other co-sharers. This resolution was issued by Justice Ananda Chandra Behera during a hearing regarding a petition from Padmini Barik. She contested the refusal of the Basudevpur sub-registrar in Bhadrak district to register her sale deed. Barik claimed her deed was rejected due to the absence of her co-sharers’ consent. The High Court deemed this refusal legally invalid. In the judgment delivered on August 25, Justice Behera referenced Section 44 of the Transfer…