Post by Parvika Singh Rana

Registeration and Ownership: Two sides of same coin? This was addressed In Mahnoor Fatima & Ors. v. M/s Visweswara Infrastructure Pvt. Ltd. & Ors. The Supreme Court clarified upon a common but dangerous misconception in property transactions, and held that Registration of a property does NOT excuse a defective title. Hence, if the original title itself is invalid (for instance, where land has vested in the State due to land reform laws) any subsequent sale, even if duly registered, confers no ownership rights on the buyer, so the court concluded. So, the answer to the question above is in negative. But the judgement does clarify following principles in property law: • Registration is a procedural requirement, not proof of ownership • A seller cannot transfer a better title than they possess (nemo dat quod non habet), and • Compliance with Sections 23 and 24 of the Registration Act (which deal with statutory time limits) is mandatory, not optional All in all, it reinforces that where multiple crucial ingredients of law are involved, ALL need to be met. Registration , though a crucial formality, does not substitute for the want of a valid title. This puts forth a question for buyers and lawyers alike: Is registration being treated as a safety net, when in reality, title verification is what secures the transaction? #PropertyLaw #SupremeCourt #RegistrationAct #DueDiligence #LawStudent #IndianJudiciary #RealEstateLaw