Supreme Court: Registration Authorities Can’t Demand Mutation Proof Before Registering a Sale
The Supreme Court struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2019, holding them ultra vires the Registration Act, 1908. The Court ruled that the rule-making power under Section 69 does not authorize registering authorities to demand proof of mutation or title as a precondition for document registration, deeming such a requirement arbitrary and beyond the scope of the Act.
Facts Of The Case:
The case originated from challenges to the 2019 amendments to the Bihar Registration Rules, 1989, specifically the introduction of sub-rules (xvii) and (xviii) to Rule 19. These new rules empowered registering authorities to refuse registration of a sale or gift deed if the document did not mention, and the seller did not produce proof of, a "jamabandi a...
