MAHNOOR FATIMA IMRAN VERSUS M/S VISWESWARA INFRASTRUCTURE PVT. LTD (SUPREME COURT) 2025 INSC 646

(i) An instrument of conveyance is compulsorily registrable as required under the Registration Act. Section 23 prescribes four-months’ time for presenting a document for registration from the date of its execution. Section 24 provides that if there are several persons executing a document at different times, such document may be presented for registration or re-registration within four months from the date of such execution.

(ii) Suraj Lamp & Industries Pvt. Ltd. v. State of Haryana (2012) 1 SCC 656 cannot be understood to mean that title deeds; registered instruments of conveyance, are to be deemed valid unless set aside or declared void by a Civil Court of competent jurisdiction. There is no such dictum in the said decision wherein the Court was concerned with conveyances made on the strength of agreements of sale, General Power of Attorney and Wills. The issue addressed was avoidance of execution and registration of deed of conveyances as a mode of transfer of a free hold immovable property, especially in the teeth of Section 17 and Section 49 of the Registration Act. The tendency to adopt Power of Attorney sales along with execution of sale agreements and a bequeath by way of will, etc. instead of execution and registration of proper deeds of conveyance on receipt of full consideration was deprecated

(iii) The observation that registration of a document gives notice to the world that such a document has been executed is not to confer an unimpeachable validity on all such registered documents. Even the respondents/writ petitioners accept that the presumption coming forth from a registered deed of conveyance is rebuttable. While reserving the right of persons who had obtained sale agreement/general power of attorney/will executed, to complete confirmation of title on them by getting registered deeds of conveyance, the conclusion of the cited decision, which acts as a binding precedent.