MODULE II - REGISTRATION AND STAMP

DUTY

- PAYAL SETH
 WHAT IS REGISTRATION OF REAL ESTATE?

• The registration of real estate refers to the legal process of recording

ownership or other interests in real property (land and any fixed
structures on it) with a government authority or agency. The purpose
of real estate registration is to establish a public record of property
rights, ensuring clarity of ownership and facilitating property
transactions.
• The registration process typically involves submitting relevant
documents and information related to the property to the appropriate
government office responsible for maintaining land records. The
specific office or agency involved in real estate registration can vary
depending on the country and its legal system.
 BENEFITS OF REAL ESTATE REGISTRATION
INCLUDE:
• Clarity of Ownership: Registration creates a clear and public record
of property ownership, preventing disputes and minimizing the
chances of fraudulent claims.
• Legal Protection: Once a property is registered, the owner gains
legal protection against claims by unauthorized individuals.
• Property Transactions: Registration is essential for the smooth
transfer of property ownership during sales, purchases, mortgages,
and other property-related transactions.
• Encouragement of Investments: A well-functioning real estate
registration system enhances investor confidence by providing a
secure environment for property investments.
• Government Revenue: Real estate registration often involves payment of
fees and taxes, which contribute to government revenue.
• Land Use Planning: Accurate and up-to-date land records aid in land use
planning and development activities.

• It's important to note that the specific requirements and processes for real
estate registration can differ from one jurisdiction to another. Additionally,
some countries may have a system of title registration, where the
government guarantees the accuracy of the registered title, while others
may have a deeds registration system, where the government only records
the documents related to the property but does not guarantee the title's
validity.
 REAL ESTATE REGISTRATION UNDER INDIAN
LAW
• In India, the registration of real estate is governed primarily by
the Registration Act, 1908, and the relevant state-specific laws
and regulations. Each state in India has its own rules and
procedures for real estate registration, and it is essential to refer
to the specific state laws where the property is located.
 KEY ASPECTS OF REAL ESTATE
REGISTRATION UNDER INDIAN LAW :
• Registration Act, 1908: The central legislation, the Registration Act,
lays down the general principles and procedures for registration of
various documents, including real estate transactions. It provides for the
establishment of registration offices and the appointment of Registrars
who oversee the registration process.
• State-specific Laws: In addition to the Registration Act, each state and
union territory in India has its own Registration Act or regulations that
govern the registration process within its jurisdiction. These state-
specific laws may have additional provisions or modifications to suit the
local requirements.
• State-specific Laws: In addition to the Registration Act, each state
and union territory in India has its own Registration Act or
regulations that govern the registration process within its jurisdiction.
These state-specific laws may have additional provisions or
modifications to suit the local requirements.
• Document Registration: All transactions related to real estate, such
as sale deeds, gift deeds, mortgage deeds, lease agreements for longer
durations, etc., are required to be registered to be legally valid.
Unregistered documents may not be admissible as evidence in a court
of law.
• Registration Offices: Each state has designated registration offices
where property documents can be registered. These offices are usually
located in district or sub-district headquarters.
• Registration Process: To register a real estate transaction, the parties involved
need to present the relevant documents, pay the applicable stamp duty and
registration fees, and provide proof of identity and address. The documents are
thoroughly scrutinized by the Registrar before the registration process is
completed.
• Encumbrance Certificate: An encumbrance certificate is a crucial document
used to verify the property's ownership and any existing encumbrances or
liabilities. It is obtained from the registration office and helps ensure the property
is free from any legal disputes or claims.
• Title Search: Prior to purchasing real estate, a buyer should conduct a title
search to verify the property's ownership history and check for any legal issues or
disputes associated with the property.
• Online Registration: Many states in India now offer online registration facilities
to streamline the process and reduce physical visits to the registration offices.
 SURAJ LAMP & INDUSTRIES PVT. LTD. V.
STATE OF HARYANA

• This case, decided by the Supreme Court of India in 2011,

had significant implications for the validity and
enforceability of unregistered sale deeds.
• Case Background: In the Suraj Lamp case, the dispute
revolved around the sale of agricultural land in Haryana. The
petitioner (Suraj Lamp & Industries Pvt. Ltd.) had purchased
the land through an unregistered sale deed, and the issue was
whether an unregistered sale deed could be considered valid
and confer ownership rights on the buyer.
 KEY POINTS OF THE CASE
• Section 17 of the Registration Act: The Court examined Section 17
of the Registration Act, which specifically deals with the
consequences of non-registration of certain documents. According to
this section, certain types of documents, including deeds of transfer of
immovable property (such as sale deeds), need to be registered to be
valid and to have legal effect.
• Nature of Conveyance: The Court clarified that a sale deed, being a
document of transfer of immovable property, must be registered to
transfer the title and ownership rights from the seller to the buyer. If
such a document is not registered, it cannot be admitted as evidence
of the transaction and cannot be used to prove the transfer of
ownership.
• Rule Against Non-Registration: The Court emphasized that Section 49
of the Registration Act prohibits the admission of unregistered
documents as evidence of any transaction affecting immovable
property. Therefore, an unregistered sale deed cannot be the basis for
claiming ownership of the property.

• Exception for Oral Agreements: The Court also made it clear that in
cases where there is an oral agreement to sell immovable property and
the buyer has taken possession of the property, the agreement may be
considered as valid, even if it is not registered. This exception is based
on the principle of part performance, which protects the interests of the
party who has relied on the oral agreement and acted upon it
 IMPACT OF THE CASE
• The Suraj Lamp case had a significant impact on property
transactions in India. It reinforced the importance of registering
sale deeds for immovable property to ensure their validity and
enforceability. It also highlighted the need for buyers to be
cautious when dealing with unregistered sale deeds, as they
may not have legal protection if disputes arise.
• As a result of this case, buyers and sellers are now more
vigilant about completing property transactions through
registered sale deeds, providing greater certainty and legal
protection to all parties involved in real estate deals.
 WHAT IS THE EFFECT OF NON-
REGISTRATION IN REAL ESTATE LAW?

• Under Indian law, the non-registration of certain real estate

documents can have significant consequences. The
Registration Act, 1908, governs the registration of
documents related to immovable property in India. Here are
the effects of non-registration of real estate documents:
• Non-Admissibility as Evidence (Section 49 of the Registration
Act): Section 49 of the Registration Act is a crucial provision that
states that an unregistered document affecting immovable property is
inadmissible as evidence in court. This means that parties cannot rely
on an unregistered document to prove any aspect of the transaction,
including the terms and conditions of the agreement, the transfer of
property, or the parties' rights and liabilities.
• Validity of Transfer (Section 54 of the Transfer of Property Act):
Section 54 of the Transfer of Property Act, 1882, states that a
transfer of immovable property must be made by a registered
instrument. This means that a transfer of property through an
unregistered document is not legally valid, and the buyer or transferee
will not acquire any legal rights over the property.
• Encumbrance on Unregistered Property: Since the transfer of property
through an unregistered document is not valid, any encumbrances,
mortgages, or liens purportedly created through an unregistered document
will also be considered invalid and unenforceable.
• Stamp Duty Penalty (Indian Stamp Act): In addition to the consequences
under the Registration Act, the Indian Stamp Act imposes penalties for
non-payment or underpayment of stamp duty on a document. If a
document is not properly stamped, it may attract penalties, which could be
a percentage of the property's value or a fixed amount, as prescribed by the
state government.
• No Legal Protection for Transferee: If a buyer or transferee relies on an
unregistered document for their claim to ownership or interest in the
property, they will not have legal protection against any claims or disputes
by third parties. Only registered documents provide legal certainty and
protection to the rightful owners.
• Time Limit for Registration: The Registration Act imposes a time
limit for registering certain documents. According to Section 23 of
the Act, documents like sale deeds and gift deeds must be presented
for registration within four months from the date of execution, while
a will can be presented within six months. Failure to register within
the prescribed time may attract additional fees.
• Exceptions: While the general rule is that an unregistered document
is not admissible as evidence, there are limited exceptions to this rule.
For instance, Section 53A of the Transfer of Property Act provides
protection to a transferee in possession of the property based on an
unregistered agreement for sale. This is commonly known as the
doctrine of part performance, and it allows the transferee to seek
specific performance of the contract in certain situations.
 DAMADILAL V. PARASHRAM
• This case was decided by the Supreme Court of India in 1996 and had
significant implications for understanding the consequences of non-
registration.
• Case Background: In the Damadilal v. Parashram case, the dispute
centered around the sale of a property. The plaintiff (Damadilal)
claimed that he had purchased the property through an unregistered
sale agreement and sought specific performance of the contract. On
the other hand, the defendant (Parashram) argued that the sale
agreement was not enforceable because it was not registered, and,
therefore, the plaintiff could not claim ownership or seek specific
performance.
 KEY POINTS OF THE CASE
• Section 49 of the Registration Act: The Court referred to Section 49 of
the Registration Act, which states that an unregistered document affecting
immovable property is inadmissible as evidence in a court of law. It
emphasized that the purpose of registration is to provide a public record of
transactions and to ensure legal validity and enforceability of documents.
• Specific Performance of Unregistered Agreement: The Court clarified
that specific performance of an unregistered agreement to sell immovable
property cannot be granted under Section 49 of the Registration Act. This
means that a party cannot seek a court order to compel the other party to
complete the sale if the agreement is not registered.
• Exception of Part Performance: The Court also addressed the
exception of part performance under Section 53A of the
Transfer of Property Act. It ruled that if the conditions specified
in Section 53A are met, a transferee in possession of the
property based on an unregistered agreement can protect their
possession. However, this protection is limited, and the
transferee cannot claim specific performance of the contract.
 IMPACT OF THE CASE
• The Damadilal v. Parashram case reaffirmed the importance of registering real
estate documents and the consequences of non-registration. It clarified that an
unregistered agreement for the sale of immovable property cannot be enforced
through specific performance. This decision aimed to discourage parties from
entering into unregistered agreements to avoid stamp duty and registration fees,
ensuring that property transactions are legally recorded and provide protection to
all parties involved.
• The case also highlighted the significance of Section 53A of the Transfer of
Property Act, which provides a measure of protection to a transferee who is in
possession of the property based on an unregistered agreement. However, this
protection is not equivalent to the rights and remedies available through
registration and specific performance, further emphasizing the importance of
adhering to registration requirements under Indian law.
 STAMP DUTY
• Stamp duty, under Indian law, is a form of tax levied on certain
specified documents to make them legally valid and
enforceable. The Indian Stamp Act, 1899, is the primary
legislation governing stamp duty in India. Each state and union
territory in India has its own Stamp Act, with slight variations
in the applicable rates and provisions, although the fundamental
principles remain consistent.
 PURPOSE OF STAMP DUTY
• Provide Legal Validity: Payment of stamp duty on certain
documents gives them legal validity and admissibility in a court
of law. It ensures that the documents are legally binding and
can be used as evidence in case of disputes.

• Raise Revenue: Stamp duty is an essential source of revenue

for state governments. The revenue generated from stamp duty
is utilized for various developmental and administrative
activities.
TYPES OF DOCUMENTS ON WHICH STAMP DUTY IS LEVIED
STAMP DUTY IS APPLICABLE TO A WIDE RANGE OF DOCUMENTS,
INCLUDING BUT NOT LIMITED TO :

• Sale Deeds: Documents that transfer ownership of immovable property, such as

land, houses, or flats.
• Lease Agreements: Documents that create a lease or rental agreement for a
specific period.
• Gift Deeds: Documents that transfer property as a gift without any monetary
consideration.
• Mortgage Deeds: Documents that create a mortgage on immovable property to
secure a loan.
• Power of Attorney: Documents that authorize someone to act on behalf of
another person for specific purposes.
• Promissory Notes: Documents that contain a promise to pay a specified sum of
money.
 STAMP DUTY RATES
• The stamp duty rates vary from state to state and depend on the type
of document and the value or consideration involved in the
transaction. In some states, stamp duty rates may differ for men,
women, and senior citizens in specific types of transactions.

• Stamp duty is generally calculated as a percentage of the transaction

value or the consideration amount mentioned in the document,
whichever is higher. Some states also offer a concessional rate for
certain categories of documents, such as those related to affordable
housing.
 PAYMENT AND STAMPING OF DOCUMENTS
• Stamp duty is payable before or at the time of execution of the
document. The person responsible for paying the stamp duty varies
depending on the type of document and the state laws. In some cases,
the buyer or transferee is responsible for paying the stamp duty, while
in others, it may be the seller or transferor.

• After payment, the document must be stamped, indicating that the

appropriate stamp duty has been paid. Stamping can be done
physically by affixing physical adhesive stamps or electronically
through the e-stamping system, which is prevalent in many states.
 CONSEQUENCES OF NON-PAYMENT OR
INSUFFICIENT STAMP DUTY

• Failure to pay the proper stamp duty or insufficiently

stamping a document can have serious consequences.

• Invalidity: The document may be deemed invalid or

unenforceable in a court of law.
• Penalty: In some cases, a penalty may be imposed along
with the unpaid stamp duty.
• Prosecution: Non-payment or evasion of stamp duty may
lead to legal proceedings and penalties under the relevant
Stamp Act.
 CANCELLATION OF STAMPS

• Cancellation of stamps under Indian law refers to the process of

nullifying and rendering stamp papers or adhesive stamps unfit
for use. It allows individuals who have mistakenly or
unnecessarily purchased stamp papers to get a refund of the
stamp duty paid on those unused or spoiled stamps. The
procedure for the cancellation of stamps is governed by the
Indian Stamp Act, 1899, and the rules framed by the respective
state governments.
 REASONS FOR CANCELLATION OF STAMPS

• Mistaken Purchase: If a person inadvertently purchases more stamp

papers than required for a specific transaction, they can apply for the
cancellation of the excess stamps and seek a refund of the stamp duty
paid.
• Spoiled or Damaged Stamps: If a stamp paper or adhesive stamp is
accidentally damaged, torn, or rendered unusable before it is used for any
document, the individual can request the cancellation and seek a refund.
• Change in Transaction: In some cases, individuals might buy stamp
papers for a particular transaction but later decide not to proceed with it.
They can apply for the cancellation of the unused stamps and seek a
refund.
 PROCEDURE FOR CANCELLATION OF STAMPS
[IT INVOLVES THE FOLLOWING STEPS]
• Application: The individual who wants to cancel the stamps
must submit an application to the appropriate authority
designated by the state government. The application should
specify the reasons for seeking cancellation and provide details
of the unused or damaged stamps.
• Supporting Documents: Depending on the reason for
cancellation, the applicant may need to attach relevant
documents, such as proof of purchase, the original stamp
papers or adhesive stamps, and an affidavit explaining the
circumstances.
• Affixation of "Cancelled" Mark: Upon verification of the
application and supporting documents, the designated authority
cancels the stamps by affixing a "Cancelled" mark on them. This
mark indicates that the stamps are no longer valid for use.
• Refund Process: After the stamps are canceled, the applicant can
claim a refund of the stamp duty paid on the canceled stamps. The
refund amount will generally be the face value of the stamps less a
nominal administrative fee.

• It's important to note that the time limit for applying for the
cancellation of stamps varies from state to state, and applicants must
adhere to the specified time frames.
 EFFECT OF DEFICIENT STAMPING
• Under Indian law, deficient stamping refers to the situation
where a document is not adequately stamped, or the stamp duty
paid is less than the required amount based on the value of the
transaction or consideration involved. The Indian Stamp Act,
1899, governs stamp duty in India, and it specifies the
consequences of deficient stamping. The effects of deficient
stamping are as follows:
 A. DOCUMENTS ADMISSIBILITY AS EVIDENCE
(SECTION 35 & 36 OF THE INDIAN STAMP ACT)
• If a document is not duly stamped or is inadequately stamped, it
becomes inadmissible as evidence in a court of law. This means that
parties cannot use such a document as evidence to prove the terms
and conditions of the transaction or to establish their rights and
liabilities.
• Section 35 of the Indian Stamp Act states that a deficiently stamped
document cannot be admitted as evidence in any judicial proceeding
or transaction. Section 36 further clarifies that the court cannot act
upon or enforce any transaction or contract based on an insufficiently
stamped document.
 B. PENALTY FOR DEFICIENT STAMPING
(SECTION 40 OF THE INDIAN STAMP ACT)
• When a document is presented for registration, and the
appropriate stamp duty is found to be deficient, the person
presenting the document may be required to pay the deficient
amount along with a penalty.
• The penalty for deficient stamping is calculated as a percentage
of the deficient amount per month or part thereof, starting from
the date of execution of the document until the date of payment
of the deficient duty and penalty.
C. PROSECUTION FOR NON-PAYMENT OF STAMP DUTY (SECTION 62 OF THE INDIAN STAMP ACT)

• In addition to the penalty, if the deficiency in stamp duty is not

paid within a prescribed period (usually 30 days from the date
of notice), the concerned authorities may initiate prosecution
against the parties involved.
• Section 62 of the Indian Stamp Act empowers the authorities to
take legal action against individuals or entities involved in
deficiently stamped documents for non-payment of stamp duty
and penalties.
 D. COMPONDING OF OFFENCES (SECTION 62A
OF THE INDIAN STAMP ACT)
• In some cases, the authorities may offer the option of
compounding the offense, which means that the parties can pay
a compounded amount in lieu of prosecution for deficient
stamping.
• The compounding fee is generally higher than the original
deficiency amount and is intended to provide an opportunity to
regularize the document by paying the prescribed fee and
penalty.
 REMEDIES
• Payment of Deficient Stamp Duty and Penalty: The most
straightforward remedy is to pay the deficient stamp duty along with
the applicable penalty as prescribed by the stamp duty authorities.
This regularizes the document and makes it admissible as evidence in
court.
• Compounding the Offense: In some cases, the authorities may offer
the option of compounding the offense of deficient stamping.
Compounding involves paying a compounded amount, which is
higher than the original deficiency amount but avoids prosecution.
This remedy provides an opportunity to resolve the issue without
facing legal action
• Obtaining an Additional Stamp Paper: If the deficiency in stamp duty is
minimal, the parties may opt to purchase an additional stamp paper with the
necessary amount of duty and re-execute the document on the new stamp
paper. This will ensure that the document is properly stamped and legally
valid.
• Seeking Rectification from the Stamp Duty Authorities: If there are
genuine reasons for the deficiency in stamp duty, the parties can approach
the stamp duty authorities with an explanation and seek rectification. In some
cases, the authorities may consider the reasons and make necessary
adjustments, especially if there was an unintentional error in calculation.
• Re-Execution of the Document: If the document was executed without
proper stamping, parties may choose to re-execute the document with the
correct stamp duty. However, this option may not be available for certain
time-sensitive transactions or if other parties are unwilling to re-execute the
document.
• Specific Relief from Court: In exceptional cases, parties
may seek specific relief from the court to enforce the terms
of a deficiently stamped document. This could be done by
paying the applicable stamp duty, penalty, and any other fees
determined by the court.

• It is essential for parties involved in transactions to be

proactive in ensuring proper and adequate stamping of
documents. If a deficiency is discovered, prompt action
should be taken to rectify the situation and regularize the
document. Delays in resolving the issue could lead to
potential legal consequences and disputes.
 WHAT ARE DEVELOPMENT AGREEMENTS?

• Development agreements, under Indian law, are contracts entered into between
landowners and real estate developers for the purpose of developing the land into
a real estate project. These agreements govern the terms and conditions of the
development project and establish the rights, obligations, and responsibilities of
both parties involved.
• In a typical development agreement, the landowner (often referred to as the
"owner" or "landlord") grants the developer (also known as the "promoter" or
"builder") the right to develop and construct buildings or structures on the land.
The developer, in turn, agrees to carry out the construction, obtain necessary
approvals, and complete the project within a specified timeframe. The profits
generated from the project are usually shared between the landowner and the
developer based on agreed-upon terms.
KEY ELEMENTS OF DEVELOPMENT AGREEMENT
• Land Description and Rights: The agreement includes a clear description of the
land being transferred for development, along with the rights granted to the
developer for construction and development purposes.
• Construction and Development Obligations: The developer's responsibilities,
including the scope of construction, obtaining necessary permits and approvals,
compliance with building regulations, and timely completion of the project, are
specified in the agreement.
• Payment Terms: The agreement outlines the financial aspects of the
arrangement, such as the consideration payable to the landowner, the method of
payment, and the profit-sharing mechanism between the landowner and the
developer.
• Project Timeline: The agreement sets a timeline for the
commencement and completion of the project. It may also include
milestones for construction progress and penalties for delays.
• Title and Ownership: The agreement should clarify the ownership and
title of the developed property upon completion of the project. It should
address the transfer of ownership from the landowner to the developer
or any other agreed-upon arrangement.
• Legal and Regulatory Compliance: The agreement typically includes
provisions requiring the developer to comply with all applicable laws,
regulations, and building codes during the development process.
• Dispute Resolution: To address any potential disputes that may arise
between the parties, the agreement often includes a dispute resolution
mechanism, such as arbitration or mediation.
• It is crucial for both parties to carefully draft and review the
development agreement to ensure that the terms and conditions are
fair, transparent, and legally binding. The agreement should be
executed on appropriate stamp papers and registered, if required by
law, to provide legal validity and enforceability.

• The terms and conditions of development agreements may vary

depending on the nature of the project, the parties involved, and the
specific requirements of the development. As these agreements
involve complex legal and financial aspects, it is advisable for both
parties to seek legal advice before entering into such agreements to
safeguard their interests and avoid potential disputes.
EXECUTION OF REAL ESTATE DOCUMENTS AT
DIFFERENT PLACES

• Under Indian law, the execution of real estate documents at

different places is regulated primarily by the Indian
Registration Act, 1908. This Act provides provisions for the
registration of documents across various places within India.
The key provisions related to the execution of real estate
documents at different places are as follows:
 A. PLACE OF REGISTRATION (SECTION 28 AND
SECTION 29)
• Section 28 of the Registration Act stipulates that all documents
related to immovable property must be registered in the district
where the property is situated. This means that if the real estate
in question is located in a specific district, the document
pertaining to that property must be registered in the registration
office of that district.
• Section 29 allows for the registration of documents in different
sub-districts within the district where the property is situated.
The registration office in each sub-district is competent to
register documents relating to properties situated in that sub-
district.
 B. DOCUMENTS EXECUTED IN DIFFERENT
PLACES (SECTION 31)
• Section 31 of the Registration Act deals with the registration of
documents executed by different parties at different places. It
allows for the registration of such documents in any registration
office within the district in which any portion of the property is
situated.
• For example, if a sale deed is executed by the seller in one city
and by the buyer in another city within the same district where
the property is located, the document can be registered in the
registration office of either city.
 C. DOCUMENTS EXECUTED IN DIFFERENT
STATES (SECTION 35)
• Section 35 of the Registration Act deals with the registration of
documents executed in different Indian states. It allows for the
registration of such documents in the registration office of any
district where any portion of the property is situated.
• If a property spans multiple states and the parties execute the
document in different states, the document can be registered in
the registration office of any district where the property is
located, irrespective of the state where the document was
executed.
• It is important to note that the Registration Act provides flexibility in
the registration process to accommodate situations where parties
execute real estate documents at different places, as long as any
portion of the property falls within the jurisdiction of a specific
registration office.

• However, the specific requirements and procedures for registering real

estate documents at different places within a district or across different
states may vary, and it is essential to consult with legal experts or the
relevant registration authorities to ensure compliance with the
applicable laws and regulations.
 S. SHANMUGAM PILLAI V. K. SHANMUGAM
PILLAI & ORS.

• One landmark case related to the execution of real estate documents at different
places in India is the case of "S. Shanmugam Pillai vs. K. Shanmugam Pillai &
Ors." This case was decided by the Supreme Court of India in 1992 and dealt
with the issue of whether a document executed in one state can be registered in
another state.
• Case Background: In the Shanmugam Pillai case, the dispute arose from a
partition deed executed by the family members concerning properties situated in
Tamil Nadu and Kerala. The partition deed was executed in Tamil Nadu, but the
parties sought to register it in the registration office of Kerala, where some of the
properties were located. The registration authorities in Kerala refused to register
the document, citing that it was executed in Tamil Nadu and not within their
jurisdiction.
 KEY POINTS OF THE CASE
• Place of Execution and Registration: The Court interpreted the provisions of
the Registration Act, particularly Sections 31 and 35, which deal with the
registration of documents executed in different places and different states,
respectively. The Court emphasized that a document can be registered in any
registration office within the district where any portion of the property is situated,
regardless of the place of execution
• Intra-State and Inter-State Documents: The Court clarified that the
Registration Act makes no distinction between documents executed within the
same state and those executed in different states. As long as any portion of the
property covered by the document falls within the jurisdiction of a particular
registration office, the document can be registered there.
• Harmonious Construction: The Court adopted a harmonious
construction of the relevant sections of the Registration Act to
facilitate the smooth registration of documents related to
properties situated in different places or states. It emphasized
that the Act should be interpreted to achieve its underlying
objective of providing a reliable public record of transactions.
 IMPACT OF THE CASE
• The Shanmugam Pillai case clarified the legal position on the registration of real
estate documents executed at different places or in different states in India. The
Court's interpretation of the Registration Act allowed for more flexibility in
registering documents concerning properties located in different jurisdictions.
This ruling has been significant in facilitating property transactions and avoiding
unnecessary procedural hurdles in registering documents across state borders or
within the same district but in different cities.
• As a result of this landmark case, the registration authorities in different states
within India have adopted a more cooperative approach to facilitate the
registration of documents involving properties that span multiple states. It has
provided greater convenience and efficiency to parties involved in real estate
transactions and ensured a more seamless registration process in such cases.
 PLACE OF SUING
• In the context of real estate law in India, the "place of suing" refers to the
legal jurisdiction or court where a lawsuit or legal action related to a real
estate dispute can be filed. The place of suing is essential as it determines
the court's jurisdiction, which has the authority to hear and adjudicate the
case. The provisions related to the place of suing are governed by the
Code of Civil Procedure, 1908, and other relevant laws.
• The Code of Civil Procedure (CPC) provides specific rules regarding the
territorial jurisdiction of courts for filing civil suits, including those related
to real estate. The primary considerations for determining the place of
suing in real estate cases include the location of the property in question,
the residence of the parties involved, and the nature of the claim.
 PLACE OF SUING IN REAL ESTATE CASES
• Jurisdiction based on Property Location: If the dispute
concerns the ownership, possession, or title of a specific
property, the court having territorial jurisdiction over the area
where the property is situated will have the authority to hear the
case.

• For example, if the property is located in a particular district,

the appropriate court within that district will have jurisdiction
over the dispute.
• Jurisdiction based on Residence of Defendant: If the defendant
resides or carries on business within the jurisdiction of a particular
court, that court will have jurisdiction over the case. For instance, if
the defendant (such as the seller, builder, or developer) is based in a
specific city or district, the court within that area will have
jurisdiction.

• Jurisdiction based on Agreement or Contract: In some cases,

parties may include an exclusive jurisdiction clause in their
agreement or contract, designating a specific court as the exclusive
forum for resolving disputes arising from the agreement. In such
cases, the designated court will have jurisdiction over any dispute
related to the agreement.
• It's essential to determine the correct place of suing in real estate
disputes to ensure that the case is filed in the appropriate court and
that the court has the legal authority to hear and decide on the matter.
Filing a case in the wrong court could lead to the rejection of the
lawsuit or unnecessary delays in resolving the dispute.

• Parties involved in real estate disputes should seek legal advice to

understand the appropriate court and jurisdiction for filing their case
and to ensure that the legal process is followed correctly. Consulting
with an experienced lawyer can help ensure that the case is filed in
the appropriate court, thereby facilitating a fair and efficient
resolution of the real estate dispute.