Source: Madras High Court

Why in News?

Recently a bench of Justice GR Swaminathan held that Section 22-A (1) of the Registration Act, 1908, which allows the registering officer to refuse registration of certain documents, does not apply to church properties.

• The Madras High Court gave this observation in the case of Shalin v. The District Registrar and Another.

What was the Background of Shalin v. The District Registrar and Another Case?

• The petitioner purchased the property from one Vijaya vide sale deed dated 28th March 2023.
• The second respondent (Sub-Registrar) refused to register the sale deed and issued a refusal check slip.
• The refusal was based on an interim order dated 04^th May 2017 of the Madras High Court's Division Bench, which directed that properties endowed in favor of TELC (Tamil Evangelical Lutheran Church) should not be registered without the High Court's permission.
• The Inspector General of Registration had also issued a circular based on the High Court's interim order.
• Vijaya acquired the property through a deed of settlement from M. Premkumar Prithviraj, who bought it from TELC through a registered sale deed.
• Aggrieved by the second respondent's refusal to register the sale deed, the petitioner filed the present writ petition challenging the impugned refusal check slip.

What were the Court’s Observations?

• The Court observed that the interim order of the High Court had become ineffective as the main writ petition was disposed of, and there was no restraint order in force regarding TELC properties.
• The Court held that Section 22-A (1) of the Registration Act, 1908 is not applicable to church properties as it covers only properties belonging to or endowed for Hindu religious institutions under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and Wakf properties under the superintendence of the Tamil Nadu Wakf Board.
• The Court observed that while the Registration Act, 1908 protects Hindu and Islamic religious endowments, it does not provide similar protection for church properties, and it is time to include church properties within the scope of Section 22-A (1).
• The Court set aside the impugned order of the Sub-Registrar and directed the petitioner to re-present the sale deed for registration, subject to payment of requisite stamp duty and registration charges.

What is Section 22 (A) of the Registration Act, 1908?

Refusal to register certain documents: -

Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely: -

(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease, -

(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(ii) belonging to or given or endowed for the purpose of any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) is applicable;

(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under Section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958 (Tamil Nadu Act XV of 1958) ; or

(iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995 (Central Act 43 of 1995),

unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorized by the State Government for this purpose, is produced before the registering officer.