Registration Act | Supreme Court Strikes Down Bihar Rule Requiring Vendor To Show Proof Of Mutation For Sale Registration

The Supreme Court on Friday (November 7) struck down sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2008, which had empowered registering authorities to refuse registration of sale or gift deeds unless proof of mutation in favour of the seller was produced.

A Bench of Justice Pamidighantam Sri Narasimha and Justice Joymalya Bagchi held that the impugned provisions, introduced through a 2019 amendment,were ultra vires the Registration Act, 1908, and imposed arbitrary restrictions on the constitutional right to acquire and dispose of property.

"We have also come to the conclusion that, as the said sub-rules tilt the balance and empower the registering authorities to produce collateral evidence of title to the property as a pre-condition for registration, such a me