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Judgment
C.Jayachandran, J
This Writ Petition is necessitated in the context of refusal on the part of the 4th respondent/Sub Registrar to register a gift deed executed by the petitioner in favour of her grandson/the 2nd petitioner.
The objection is premised on the alleged ground that the petitioner has only possessory rights and no title, wherefore, mere possessory rights cannot be transferred by virtue of a registered document.
Heard the learned counsel for the petitioners and the learned Government Pleader.
Learned Government Pleader will adhere to the stand taken by the party respondents, especially the 4th respondent/Sub Registrar.
This Court is afraid whether the stand taken by the 4th respondent has any legs in law. All what is seen stated in Ext.P3 gift deed is that the 1st petitioner has been in possession of the property, since 1970 onwards. A proposition to the effect that mere possessory rights, by itself, cannot be transferred by a registered document, can hardly be countenanced. Registration Act requires registration of any document, the value of which is more than Rs.100/-. That being so, there cannot be any transfer of possessory rights, except by virtue of a registered document. That apart, it is well registered that the Sub Registrar is not expected to probe into the title of the executant, while registering a document. It has been so held by this Court in a catena of decisions.
In the circumstances, there will be a direction to 4th respondent/Sub Registrar to register Ext.P3 gift deed - if the same is in confirmity with all other requirements pertaining to registration – as and when it is presented for registration.
Learned Government Pleader expressed a concern that the registration now directed, cannot be gainsaid by the petitioner in respect of her application for assignment, referred to in page no.3 of Ext.P3 gift deed. According to the learned Government Pleader, the fact that the property has been registered should not constitute an additional ground to get assignment. It appears that the concern expressed is not properly grounded, inasmuch as assignments are not being granted based on the registration or otherwise of the property, but within the limits of the statute.
In the circumstances, this Writ Petition is allowed as indicated above.