THE SUPREME COURT OF INDIA SAYS THAT SIMPLY REGISTERING A PROPERTY DOES NOT AUTOMATICALLY GRANT OWNERSHIP

The Supreme Court of India has held that mere registration of a property transaction (like a sale deed) does not automatically confer ownership. The key principle is that ownership must be lawfully derived, and registration is only one part of the process—not the sole determinant.

WHAT REGISTRATION OF A PROPERTY  OFFERS ?

 

·      Creates a public record of the transaction.

 

·      Provides legal validity to the document (e.g., sale deed, gift deed).

 

·      Makes the transaction enforceable in law.

 

·      Thorough documentation is required to conclusively prove ownership.

 

·       Legal adjudication remains central to the resolution of property disputes.

WHAT REGISTRATION DOES NOT OFFER AUTOMATICALLY:

• ·      Doesn't establish title or ownership by itself.
• ·      If the seller had no title, the buyer gets no title, even if the sale is registered.

·      Courts will examine the chain of title, possession, and other circumstances.

REGISTRATION DOES NOT OFFER  IMPLIED OWNERSHIP

Ownership, according to the court, gives the legal right to use, manage, and transfer the property. Previously, many believed that registration implied ownership.

In SURAJ LAMP & INDUSTRIES PVT. LTD. VS STATE OF HARYANA, the Supreme Court has clarified that:

"Title and ownership are not created merely by registration of a deed. They require lawful title transfer from a person who is competent to transfer."

Hence please note that a registered document is necessary but not sufficient for ownership—it must also be supported by clear title, lawful possession, and due process.

 

R V SECKAR FCS,LLB

 

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