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Advocates – License for drafting sale-deeds, etc and presentation before Sub-Registrar

June 1, 2025 legaldeli

The petitioners are the members of the District Bar Association, Sonepat and enrolled with the Bar Council of Punjab and Haryana.

The petitioners are doing the work of drafting sale deeds, adoption deeds, wills and certificate of sales, etc

The Joint Sub-Registrar and Tehsildar, Sonepat, had issued the impugned administrative Order dated 27.12.2024, amongst others, that the deed writers to display the Collector’s permission.

The petitioners have challenged that they are not required to obtain prior permission from any other authority to draft documents (work as deed writers) in the Tehsil / Revenue premises and the impugned directions are against the Advocates Act.

HELD that the Punjab Document Writers Licensing Rules, 1961, are not applicable to the petitioners being Advocates. The rules operate totally in different sphere of grant of licence to individuals other than Advocates, for working as deed writers. The Advocates Act does not require any advocate to obtain any licence from the authority designated under the Registration Act for drafting sale deeds, adoption deeds, wills and certificate of sales, etc.

An Advocate does not require any further certificate from the Licensing Authority to draft the document and if need be, to present it at his option before the registering officer for registration of the instrument. He gets his right only by virtue of practice of profession as advocate.

280425.PHHC.Judgment.License.Deed.Writer.CWP_6_2025_28_04_2025_FINAL_ORDER.pdf

Judgment dated 28.4.2025 of the High Court of Punjab and Haryana in CWP-6-2025 of Bhagat Singh Vs. State of Haryana and others with connected writ petitions.

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