Cuttack: In a significant ruling reinforcing the rights of co-owners, the Orissa High Court has clarified that a co-sharer can sell his/her undivided share in a joint property without taking the consent of other co-sharers.
A single judge bench of Justice Ananda Chandra Behera delivered the judgment recently while hearing a petition filed by Padmini Barik.
Barik had challenged the refusal of the sub-registrar of Basudevpur, in Odisha’s Bhadrak district, to accept her deed of sale for registration, citing lack of consent from her co-sharers. The petitioner stated that the refusal was arbitrary, and not backed by any legal provision.
Justice Behera, in his order on August 25, pointed out that under section 44 of the Transfer of Property Act, 1882, a co-sharer holds an inherent right to transfer undivided share in joint property.
“The sub-registrar has no authority to deny registration of such sale deed merely on the ground that it lacks the consent of other co-sharers,” Justice Behera said.
“If a document is not legally fit for registration, reasons for refusal must be recorded in writing, as per the Indian Registration Act, 1908 and the Orissa Registration Rules, 1988,” he observed.
The high court directed the sub-registrar to accept Barik’s sale deed for registration, if it is presented. Once registered, the document must be returned to the petitioner within three days, the court ordered.
The court, while disposing of the writ petition, reiterated that procedural compliance cannot override legal rights vested in a co-sharer under statutory provisions.
