Section 77-A of the Registration Act unconstitutional

Jul 30, 2024

Current Affair 1:

News:

The Madras High Court declared as unconstitutional Section 77-A of the Registration Act, 1908, on the ground that it conferred excessive quasi-judicial power on the District Registrars to cancel documents related to any immovable property in the State if they were found to have been registered through fraud or on submission of forged revenue records.

The court said that the object and purpose of the Registration Act is to provide a method of public registration of documents so as to give information to the public regarding legal rights and obligations arising or affecting properties.

The judges further observed that the power under Section 77-A may come in aid in a few cases for an innocent and affected landowner to get a registered instrument ineffective without the aid of Civil Court, which may take considerable time. However, the unfettered, unguided and unlimited power under Section 77-A will cause unimaginable hardship and irretrievable damage to real owners of properties in lakhs of cases.

Nothing more.

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