Madras HC Sets Aside Refusal to Register Deed Based Solely on Wakf Board Communication

Registering Authority Cannot Refuse Registration Of Deed Merely On Unsubstantiated Wakf Board Communication Without Enquiry: Madras High Court

Madras HC Sets Aside Refusal to Register Deed Based Solely on Wakf Board Communication

Summary: The Madras High Court set aside the July 3, 2023 Refusal Check Slip by which registration of Hafsa Nazneen’s sale deed was refused on the ground that her property was Wakf land. The Court held that the Section 22-A bar under the Registration Act, 1908 could not be triggered merely on the basis of an unverified communication from the Wakf Board. The Registering Authority was required to issue notice, conduct an enquiry, and verify whether the Wakf Board’s claim was supported by the Gazette Notification under Section 5 of the Wakf Act and records identifying the property. As no enquiry was conducted and Nazneen was not given a hearing, the refusal was set aside. The Court did not direct outright registration of the deed. Instead, it permitted Nazneen to re-present the document before the jurisdictional Sub-Registrar, who was directed to issue fresh notice to Nazneen and the Wakf Board, verify the relevant Gazette Notification and supporting records, and pass a fresh order on merits after hearing both sides. The writ petition was disposed of with no order as to costs.

Sale Deed Registration Refused on Ground That Property Was Wakf Land

Chennai: The Madras High Court has set aside an order by which a Sub-Registrar in Vellore district refused to register a woman’s sale deed on the ground that her property was Wakf land, ruling that the refusal could not have been based on a mere communication from the Wakf Board without any enquiry or hearing.

Justice Krishnan Ramasamy passed the order on August 5 while allowing a writ petition filed by Hafsa Nazneen, a resident of Pernampattu in Vellore district, who had approached the court after the District Registrar (Administration) refused to register a document concerning her property in Erikuthi village, Pernambut Taluk.

Section 22-A Invoked Following Wakf Board Communication

The Registering Authority had issued a Refusal Check Slip on July 3, 2023, invoking Section 22-A of the Registration Act, 1908, which bars registration of documents relating to properties that are the subject of certain government or religious endowment claims. The refusal was issued after the Wakf Board’s Commissioner sent a communication stating that the land in question was Wakf property.

Petitioner Challenged Refusal Without Notice or Personal Hearing

Nazneen challenged the refusal before the High Court, arguing that she was the absolute owner of the land and that the Wakf Board’s claim had never been adjudicated. Her counsel, Advocate Harish Kumar, submitted that the Registering Authority had no power to decide disputed questions of title, and that no notice or personal hearing was given to her before the deed was refused registration.

State Defended Refusal Under Section 22-A of Registration Act

The State, represented by Additional Government Pleader K. Maheshwaran for the Registration Department officials, defended the refusal, saying the Sub-Registrar had simply acted on the Wakf Board’s communication that the property was Wakf land and was therefore correct in invoking Section 22-A.

Unverified Wakf Board Letter Alone Cannot Trigger Section 22-A Bar: Madras HC

The Court did not accept this reasoning. It held that while a Registering Authority is well within its rights to refuse registration where a property is genuinely covered by the Section 22-A bar, that bar cannot be triggered by an unverified letter from the Wakf Board alone. The Registering Authority, the judge said, must first issue notice to the parties, hold an enquiry, and specifically check whether the Wakf Board has backed its claim with the Gazette Notification issued under Section 5 of the Wakf Act, along with records identifying the exact property.

Gazette Notification and Records Identifying Wakf Property Must Be Verified

A Wakf Board proforma or communication, without the Gazette Notification behind it, is not enough to invoke the bar, the Court said.

Since it was undisputed that no such enquiry was conducted and Nazneen was never given a hearing before her document was rejected, the Court held that the July 3, 2023 Refusal Check Slip could not stand and set it aside.

Sub-Registrar Directed to Conduct Fresh Enquiry After Hearing Both Sides

The Court, however, did not order outright registration of the deed. Instead, it permitted Nazneen to re-present her document before the jurisdictional Sub-Registrar. It directed the Sub-Registrar to issue fresh notice to both Nazneen and the Wakf Board, verify the Gazette Notification and other supporting records, and then pass a fresh order on merits, in accordance with law, after hearing both sides.

The writ petition was disposed of with no order as to costs.

Appearances Before Madras High Court

Advocate Harish Kumar of M/s. HSR Advocates and Legal Consultants appeared for the petitioner; Mohammed Farhan C and Rangeela RP were also on record as counsel for the petitioner.

K. Maheshwaran, Additional Government Pleader, appeared for the District Registrar, Sub-Registrar and Inspector General of Registration; P. Elayaraj Kumar, Special Government Pleader, appeared for the Tahsildar; and Rajeswari Karthikeyan appeared for the Tamil Nadu Wakf Board and the Wakf Inspector.

Case Details

Case Title: Hafsa Nazneen v. The Tamil Nadu Wakf Board & Ors. Case No: WP No. 30645 of 2026