The Madurai Bench of the Madras High Court has struck down Section 34C of the Registration Act, 1908, inserted by the Registration (Tamil Nadu Amendment) Act, 2026. The ruling was reported on 26 June 2026 in M/s. Dugars v. The State of Tamil Nadu and Others (W.P.(MD) Nos. 7415, 6183, 9526 and 16387 of 2026). The Division Bench comprised Justice N. Sathish Kumar and Justice M. Jothiraman.
What Section 34C required
The provision barred registration of documents relating to immovable property unless the executant produced the earlier original title documents and an Encumbrance Certificate obtained within 10 days before presentation.
Why the Court struck it down
- It effectively revived Rule 55A, which the High Court and the Supreme Court had already held unconstitutional.
- It placed unreasonable limits on dealing with one’s own property, a right protected under Article 300A.
- It allowed the registering authority to decide questions of title, which is a judicial function. The Court said the registrar’s role under the Act is ministerial and administrative.
- It offended separation of powers and Article 14, and conflicted with binding Supreme Court precedent and the Transfer of Property Act.
Practical impact
Registrars cannot refuse to register a document merely because the executant has not produced the parent documents or a fresh Encumbrance Certificate. Buyers should still insist on the parent documents, a title search and an Encumbrance Certificate as a matter of due diligence, because the ruling removes a statutory bar and does not remove the need for careful verification.
The State may seek further review of the decision. Confirm whether any appeal is pending before relying on the ruling for a specific transaction.
This update is for general information and is not legal advice. Please consult a qualified advocate before acting on any development discussed here. Apex Law Office LLP.
