Telangana HC: Don’t deny registration citing validation of link docs

Hyderabad: The Telangana High Court recently ruled that registering authorities do not have the authority to refuse the registration of a document based on the validation of the linked document referred to in the respective document or on endorsements issued by the Commissioner and Inspector General of Stamps and Registration.

The court granted writ petitions by overturning orders in the batch petition and directed the registering authorities to process the returned documents in accordance with the Registration Act of 1908 and the Indian Stamps Act of 1899.

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Expressing concern over the lack of proper mechanisms, checks, and scrutiny in the registration process, the court urged for action to be taken and suitable laws to be amended and the Registration Act of 1908 to prevent the loss of lifetime earnings it causes for citizens.

The court further stated that collecting deficit stamp duty under the Indian Stamp Act of 1899 does not validate a document, as it does not involve checking the truth of the document or certifying its execution.

Finally, the commissioner and inspector general of stamps and registration were ordered by the court to issue appropriate guidelines to district registrars within six weeks to strike away the word ‘validation’ during the registries.