Supreme Court Upholds Validity of Registered Sale Deeds
The Supreme Court has delivered a significant judgment clarifying that registered sale deeds cannot be dismissed on the grounds of conjectures or minor discrepancies. The apex court emphasized that attestation is not a statutory requirement for the validity of a sale deed, unlike in the case of wills or gift deeds.
Key Observations by the Apex Court
A bench of Justices ruled that once a sale deed is registered, it carries presumptive validity and should not be lightly set aside. The court observed that minor variations in the description of property or procedural irregularities do not invalidate a registered document unless they go to the root of the transaction.
According to the judgment, the Registration Act, 1908, does not mandate attestation for sale deeds. The court noted that the purpose of registration is to provide notice and prevent fraud, and registered documents are entitled to greater evidentiary weight.
Impact on Property Disputes
This ruling is expected to reduce frivolous challenges to registered sale deeds in property disputes. The court stated that courts should not adopt a hyper-technical approach while examining registered documents. The decision reinforces the sanctity of registration under the Indian Registration Act.
In the case at hand, the trial court had disregarded a registered sale deed based on alleged discrepancies in the boundary description. The Supreme Court set aside that finding, holding that the discrepancies were minor and did not affect the core validity of the deed.
Legal Experts Comment
Legal experts welcomed the judgment, noting that it provides clarity on the evidentiary value of registered documents. Senior advocate mentioned that the ruling aligns with the settled principle that registration is a solemn act and the document must be presumed to be genuine unless proven otherwise.
The court also reiterated that the burden of proof lies on the party challenging a registered sale deed to show fraud or undue influence. Mere suspicion or conjectures are insufficient to discard a registered document.
