there are no short cuts . file suit seek court permission to sell the property
Sale of property of unregistered group
6 persons formed an unregisteted group 53 years back for the welfare of their community. ( Name of the group - Arya Vysya Valibar sangam ) They purchased a house property in Dharmapuri in Tamilnadu 50 years back in the name of the group. They want to sell the property now. But the Sub Registrar has refused to register the property and asked us to get court permission to sell. We have contacted an advocate in Chennai to file a writ petition in High court. He said it is not possible to file a writ and asked us to get permission in Dharmapuri Munsiff ( civil ) court which is a lengthy process. Is there any way to solve this situation in a quick manner
Asked 15 days ago in Property Law
Religion: Hindu
8 Answers
The sub registrar has no power under the registration act to refuse registration
He cannot go behind the title of the vendor to the subject property
He also cannot question the power of the authorized person of the unregistered group to execute the sale deed in favor of the purchaser
5 persons of that unregistered group can grant a poa to one of them in conformity with s. 32 and 33 of the registration act
The sub registrar only has powers as are given in s. 34 of the registration act if I recollect it properly
The powers of the sub registrar are clearly provided in the registration act. So he cannot require something to be done which is outside the purview of such statutory powers
Under the registration act if the sub registrar refuses to register the document presented to him for registration, then an appeal can be preferred to his superior as provided in the registration act
But you can also file a writ petition in HC since remedy of issuing a writ is a discretionary relief and when the law is settled and despite that the sub registrar ignores such settled law, then a writ surely lies to the HC. In that case there is no need to exhaust the alternate remedies before approaching the HC.
So writ petition is the appropriate remedy for you
For now make a written application to the sub registrar to register the document and if he refuses then ask him to state his reasons in writing
If after a reasonable period of you submitting the written application, the sub registrar does not give a written response then you can file the writ petition
you can’t file writ for the same a civil suit for declaration is necessary. A writ is only maintainable if the sub registrar is not following statute and not registering the same
Better approach High court first. Only HC has the jurisdiction to direct registration of sale deed.
Dear client, file a writ petition in the High court for issue of writ of mandamus on sub-registrar to discharge his duty to register the property.
Please check the sale deed executed 53 years before to confirm if the property was in fact registered in the name of Arya Vysya Valibar Sangam or in the joint names of the 6 individuals who had formed the group. If it was in the name of the sangam, you need to file a petition at the district court for an order for sale, as rightly advised by your counsel. If it was in the joint names of the individuals, all of them can jointly execute a sale deed now in favour of prospective buyer/s.
The law is common to all.
There is no short cut to this procedures of law.
It is the property of a so called society.
Thus the society can call for a meeting of its directors/partners, pass a resolution to sell the property and authorise a person one among you 6 people to sell the property on behalf of the society, this cannot be objected by the registrar.
There is no illegality nor any procedural lapse in following this procedure, if the registrar is still refusing then you can approach high court with a writ petition agaisnt the registrar seeking direction to direct him to execute the registration process to sell this property.
A writ for the relief is very well maintainable
Alternately you can adopt the procedure to dissolve the society as per law and to dispose the property belonging to the society as per the society bylaws/articles of association of the society.
Even now all the six members can call a meeting, reduce the minutes to writing and pass a resolution to dissolve the society, send the resolution to the deputy registrar of cooperative societies (if your society is a registered body) for approval, once it is approved the society stands dissolved and then they can sell the property either jointly in favor of the prospective buyer or can divide the property among themselves on a mutually agreed registered partition deed as per the articles of association of the society..
- As per law, as the said group is not registered then they cannot enter into contracts, own property, or sue in their name.
- Further as per Madhya Pradesh High Court, in the matter of Narmada Bachao Andolan versus The State of Madhya Pradesh, observed that an unregistered association cannot institute or prosecute a petition/proceedings as it is not a juristic person or a living person.
- Hence, the said unregistered group cannot transfer the property to any one legally
- The said group can file a writ petition before the High Court .
