24 March 2025 Property Law >> Personal Law   |   Property Registration >> Personal Law  

This writ petition of H. Padma v/s The Sub Registrar, Sub Registrar Office, Chennai & Another., challenges a refusal to register a settlement deed by the first respondent, the registration authority. The refusal was based on a communication from the second respondent (police) stating that an investigation was pending in a criminal case (Crime No. 37 of 2023) and that the property in question was involved.

The Court referenced its prior judgment in R. Madhupriya and Another vs. The Inspector General of Registration and Another, which established that registration cannot be refused solely based on a police letter unless a proper attachment order has been obtained from a competent authority under the relevant law. The previous judgment also held that such police letters should not be recorded in an Encumbrance Certificate, as it is beyond the police's jurisdiction to restrain property owners from dealing with their property without due legal process.

In light of this precedent, the Court ruled that the first respondent could not refuse registration based on the police communication alone. Consequently, the impugned refusal slip was quashed, and the first respondent was directed to register the settlement deed if it was otherwise in order.