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  • No need for original parent document for property transfer, per Madras HC rules.
    Posted on November 1st, 2024 in Exam Details (QP Included)

    No need for original parent document for property transfer, per Madras HC rules.

    • The Madras High Court has ruled that Sub-Registrars cannot refuse to register property transfer documents due to non-production of the original parent document or a nontraceable certificate from the police.

    • The Division Bench of Justices R. Subramanian and R. Sakthivel ruled that certified copies of the parent document are sufficient and Sub-Registrars can cross-check the authenticity of these copies with the original records.

    • The right to hold property is a constitutional right under Article 300A, superior to fundamental rights. It includes the right to deal with the property through sale deed, gift deed, and release deed.

    • The law relating to property transfer is governed by the ‘The Transfer of Property Act of 1882’.

    • The buyer is responsible for checking the quality and suitability of goods before a purchase.

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