Section 23 – Registration Act – Limitation
On 31.1.2018, the Joint Charity Commissioner, Kolhapur, granted permission to the public trust Vidhyarthi Sahayak Mandal to alienate its properties to the petitioner. On 6.3.2018, the agreement for sale was executed but could not be lodged for registration in view of pending litigation and restrain order.
On 8.5.2025, the High Court dismissed the writ petitions and also vacated ad-interim relief.
On 16.6.2025, the petitioner lodged the agreements for sale for registration and deposited stamp duty.
However, the respondent no.2 Sub-Registrar refused the registration on the ground that the four months period as provided in section 23 of the Registration Act was over. Respondent No.2 has no power to register such documents.
HELD that a legal right accrued to a party to get a document registered under the Registration Act cannot be defeated for existence of reasons beyond the control of party presenting the document for registration. The delay was due to the continued restraint order of the court of law. Therefore, the period from 26.4.2018 to 8.5.2025 must be excluded from limitation under the Registration Act.
Judgment dated 4.7.2025 of the High Court of Bombay in Writ Petition No.8411 of 2025 of Grand Centrum Realty LLP Vs. The State of Maharashtra and another with connected matter.
