Take steps to ensure proper registry of sale deeds: High Court to Haryana Chief Secretary

Saurabh Malik

Tribune News Service

Chandigarh, December 17

In a judgment liable to change the way sale deeds are registered, the Punjab and Haryana High Court has called upon Haryana Chief Secretary to take remedial measures to make certain that the Registrars — entrusted with the task — ensure the authenticity of the contents and draw a presumption of correctness.

‘Deed executed by fraud’

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The direction came in a case where two women co-owners of a property claimed that a police official got a sale deed registered in his wife’s favour while they were under the impression that a mortgage deed was being executed

The direction by Justice Anil Kshetarpal came in a case where two women co-owners of a property claimed that a police official got a sale deed registered in his wife’s favour while they were under the impression that a mortgage deed was being executed.

Taking note of the inadequacies in the sale deed, Justice Kshetarpal asserted the court was compelled to make certain observations, which were required to be brought to the notice of the State of Haryana. The Provisions of the Registration Act, 1908, made it clear that the Registrar was deputed to register the documents by adding authenticity to them.

One purpose of making the registration of certain documents compulsory was to ensure the contents’ veracity and to draw a presumption of correctness which provided “some sanctity in law”. But it was evident that the Sub-Registrar’s office in the case in hand, prima facie, failed to discharge the responsibility.

It was apparent from the perusal of the sale deed’s copy, kept at the Sub-Registrar’s office, that it did not bear the signatures of one of the vendors on any of its pages. Even the original sale deed produced before the court showed that the signatures did not exist at the time when the Sub-Registrar was alleged to have endorsed the sale deed in order to prove its registration. Even the column regarding the time of the sale deed’s registration was left blank.

“Furthermore, the photograph of the Sub-Registrar is also not present. Keeping in view the facts, let a copy of the judgment be forward to the Chief Secretary, Haryana, to look into the matter and take remedial step,” Justice Kshetarpal directed.

Referring to the facts of the case, Justice Kshetarpal added that on one side was the might of a police official. On the other, there were two gullible ladies, who did not appear to be much educated. In their suit before the trial court, the plaintiffs claimed the sale deed was executed by fraud and misrepresentation as the other party always pretended that they were executing “a document in the nature of a mortgage deed to secure repayment of loan amount of Rs 2,88,000”.

The trial court dismissed the suit. But the first appellate court reversed the same in favour of the two women. Dismissing the appeal, Justice Kshetarpal asserted the first appellate court wrote a comprehensive and exhaustive judgment.