3 August 2024: The Madras High Court has struck down Section 77-A of the Registration Act, 1908, declaring it unconstitutional. Justices S.S. Sundar and N. Senthilkumar ruled that the provision grants excessive quasi-judicial powers to District Registrars, allowing them to cancel immovable property documents if found to be registered through fraud or with forged records.
The court found that Section 77-A, introduced via a 2022 state amendment, could lead to significant hardship and damage to property owners. The justices noted that while the section was intended to offer a quicker remedy than civil court proceedings, it risks causing widespread litigation and disrupting property transactions due to the unrestrained authority it grants to District Registrars.
The judges criticized the section for creating a parallel forum to the judiciary, with District Registrars, who lack legal training, tasked with resolving disputes on property titles. This, the court argued, undermines the judicial process and could lead to favoritism and inconsistency in handling disputes.
Justice Sundar emphasized that the power granted to District Registrars under Section 77-A does not offer finality, as affected parties can still challenge cancellations in civil court. The court questioned the legislative intent behind Section 77-A, arguing that it assumes civil court jurisdiction over title issues without providing a conclusive resolution.
The court also reiterated that the primary objective of the Registration Act is to maintain public records related to immovable properties and that the title of true owners cannot be determined solely based on registered documents.
