Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908

The Authority has refused to register the sale deeds of two residential plots on the ground that they constitute a fragment affected by the provisions of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the land is in red zone and in the private lay out requiring NA permission.

HELD that the land is situated at village Talawade Taluka Haveli District Pune and the Fragmentation Act is not applicable.

Both these objections pertain to non compliance of the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. According to us, the registration of documents is governed by the Registration Act, 1908, whereas the registration is refused for non-compliance of provisions of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The applicability of the provisions of both the enactments i.e. the Registration Act, 1908, and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 operate in two distinct fields. Provisions of one enactment cannot be read into other enactment unless it is so expressly provided in the Act itself.

Sections 34 and 35 of the Registration Act, 1908, do not give power to the Collector to give directions to the Sub–Registrar to refuse registration of a document. The provisions regarding registration of document are enumerated in Registration Act, 1908, itself. The executive instruction of the State cannot circumvent a statutory provision.

the circular issued by the State Government, directing the Registering Authority to insist for certain other documents to be accompanied while presenting a document for Registration, has been held to be contrary to Sections 34 and 35 of the Registration Act, 1908. Rule 44(1)(i) of the Registration Rules, 1961 is also directed to be read down, so as to make them consistent with Sections 34 and 35 of the Registration, Act, which squarely covers the case of the Petitioners in the present Writ Petitions.

Bombay HC – Executive Instructions of Circular issued under Rule 44(1)(i) of the Maharashtra Registration Rules cannot override Sections 34 and 35 of the Registration Act, 1908

Judgment dated 6.2.2026 of the High Court of Bombay in Writ Petition No.4180 of 2022 of Sidharth Goel  Vs.   The Sub-Registrar Class II Haveli 10 Pune City and others