Topic
Karnataka High Court rules that the doctrine of lis pendens under Section 52 of the Transfer of Property Act does not automatically invalidate registration of sale deeds if no operative injunction restrains alienation. The Sub-Registrar cannot refuse registration solely based on a pending suit unless a court order explicitly prohibits transfer.
Madras High Court rules that a Non-Traceable Certificate issued by police is sufficient to register a sale deed under Section 34-C of the Registration Act, even if the original parent document is lost. The court directed registration within two weeks upon production of the certificate, easing procedural hurdles for property transactions where original documents are untraceable.
Madras High Court rules that the pendency of a civil suit does not automatically bar registration of a sale deed unless a court injunction or stay is in place. The Sub Registrar's refusal to register without such an order is arbitrary, reinforcing registration as a ministerial duty under the Registration Act.
Madras High Court ruled that mere court attachment of property does not automatically bar registration of a sale deed if the buyer is bona fide. The Court quashed a refusal order for being non-speaking and violating natural justice, reinforcing that administrative actions must consider legal precedents permitting registration despite attachments.
Telangana High Court directs registration authorities to accept sale deeds where Waqf notifications have been set aside, affirming that revenue records prevail over invalid gazette notifications.