Registrars can’t refuse registration citing validation of link docs: Telangana High Court

HYDERABAD: The Telangana High Court recently ruled that registering authorities do not have the authority to refuse the registration of a document based on the validation of the link document referred to in the respective document or on endorsements issued by the Commissioner and Inspector General of Stamps and Registration.

The court overturned the orders in the batch petitions and granted writ petitions, directing the registering authorities, the respondents in this instance, to process the returned documents in accordance with the Registration Act of 1908 and the Indian Stamps Act of 1899.

The court also expressed concern over the lack of proper mechanisms, checks, and scrutiny in the registration process and the mental anguish and loss of lifetime earnings it causes for citizens.
The court urged the Legislature to take action and create suitable laws or amend the Registration Act of 1908 to prevent such issues.

Additionally, the court stated that collecting deficit stamp duty under the Indian Stamp Act of 1899 does not validate a document, as it does not involve checking the truth of the document or certifying its execution. The court directed the Commissioner and Inspector General of Stamps and Registration to issue appropriate guidelines to district registrars within six weeks to mitigate the negative effects of using the word “validation” in this context.

Guidelines on usage of ‘validation’: HC

The court directed the Commissioner and Inspector General of Stamps and Registration to issue guidelines to registrars to mitigate the negative effects of using the word “validation”