‘If there are polarizing documents, they have to register.. they have no power to refuse..’
The High Court has issued a key judgment in the matter of land registration. It has been decided that registration should be done if there are verification documents. A bench of Justice Mummineni Sudheerkumar heard the petitions filed against registrations being rejected despite submission of certificates. The bench opined that it is true that there is some confusion among the public between the certificate obtained under the Stamps Act and the document registered under the Registration Act. He said there is no doubt that disputes will increase with registrations through certificates obtained under the Stamps Act. However, the High Court made it clear that the sub-registrars do not have the authority to refuse registrations without considering the certificate as a link document as per the law. It has been stated that the orders issued by the IG of Stamps Department that registration should not be done through the certificate cannot be stopped by the registrations.
The judge commented that the government will get good income if stamp duty is collected and registered through the certified document without caring about the rights, but there are many problems in practice. The bench directed the IG to come up with guidelines in another six weeks to bring changes in the process of verification of documents. The court said that if disputes arise over properties purchased with the amount earned during life, people are facing serious difficulties as they do not know when they will settle in the courts and bear the court costs. A proper system is needed so that people don’t suffer due to mechanical registrations, he said.
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