Jharkhand HC said – It is not appropriate to cancel the deed just because the property was registered in Kolkata

Ranchi : Jharkhand High Court has said in one of its orders that sale deeds related to properties cannot be declared false merely because their registration has been done before the Registrar of Assurances, Kolkata.

Actually, Prabhas Kumar Shah, a resident of Dhanbad, had got a land of Dhanbad registered in Kolkata from Ganga Prasad Bhagat.

After which Ganga Prasad’s wife had filed a petition in the lower court to cancel his sale deed.

While hearing this, Dhanbad Court had given its decision to cancel the sale deed.

This decision of Dhanbad Court was challenged by Prabhas Kumar Shah in the High Court.

On which the hearing was held in the court of High Court Judge Justice Pradeep Kumar Srivastava.

During this, the court said that declaring the sale deed invalid merely on the ground that it was registered by the office of the Registrar Assurance in Kolkata is not justified under the law.

The High Court said in its order that according to Section 28, documents affecting immovable property should be registered in the sub-registrar office of the concerned sub-district or district in Bihar.

Section 30 has given discretionary power to the registrars to register documents which can be handled by sub-registrars under their jurisdiction.

In sub-section 2 it has been extended to some districts.

The court said that the trial and appellate courts made mistakes and misinterpreted the provisions under Article 254.

Noted the absence of fraud or coercion in the transaction and quashed the order of the Dhanbad Court, finding it unfair to declare it wrong merely on the basis of registration from the Assurance Office of the Registrar, Kolkata.

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