SB Dash - SAFAR
SB Dash - SAFAR
June 9, 2025 at 08:05 AM
Registry is Not Ownership: Supreme Court’s Landmark Judgment on Property Rights. In K. Gopi v. Sub‑Registrar & Ors (2025), the Supreme Court struck down Tamil Nadu's Rule 55A(i). It ruled that a Sub‑Registrar cannot refuse to register a deed solely based on lack of title documents—their role is administrative, not judicial The Court reiterated: a registration officer cannot assess or verify title—that's for civil courts . *What is the difference between registry and ownership?* Registry is an administrative act of recording property details, whereas ownership refers to the legal right to possess and control the property. *How does this ruling affect property transactions?* It clarifies the legal requirements for ownership, requiring property transactions to be more transparent and legally sound. *Will property values be impacted?* Yes, property values may be influenced by the clarity of ownership rather than just registry status, affecting market dynamics. *What steps should property holders take post-ruling?* Property holders should ensure their ownership is legally recognized and consult legal experts to align their documents with the new ruling. Although registration grants a presumption of due execution, it does not confirm true ownership rights. To establish true legal ownership beyond registration, one must examine: Sale deeds, previous title documents Encumbrance certificates, mutation records Possession history, tax receipts, historical chain of title records. The apex court stressed that possession, encumbrance status, and past due diligence remain crucial. Buyers who skip thorough verification cannot claim “innocent purchaser” status later. This is exemplified in a landmark SC ruling (K. Gopi) and other precedents, which stress that due diligence before registration is paramount.

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