Samiullah Vs State of Bihar & Ors. (Supreme Court of India)
Property Rights Upheld – Mutation Not a Must for Registration – SC Quashes Bihar Rule Linking Jamabandi with Property Registration; Registration ≠ Title – SC Strikes Down Bihar’s Mutation Precondition Rule Declared Ultra Vires
Background
The Supreme Court in this landmark decision has struck down sub-rules (xvii) & (xviii) of Rule 19 of the Bihar Registration Rules, 2008, inserted vide Notification No. IV.M-1-12/2019-3644 dated 10.10.2019, which empowered Sub-Registrars to refuse registration of sale/gift deeds if the Jamabandi allotment (mutation) or holding allotment was not mentioned or proved.
The Patna High Court had earlier upheld these amendments, holding that Jamabandi entries were compelling evidence of title. The Supreme Court, however, has now reversed that view, declaring the amendments ultra vires the Registration Act, 1908 and arbitrary.
Facts of the Case
The petitioners challenged the validity of Rule 19(xvii) & (xviii) before the Patna High Court on the grounds that:
- The Registration Act, 1908 mandates registration of documents, not titles.
- Mutation entries do not create title and cannot be made a pre-condition for registration.
- The mutation process in Bihar is incomplete and outdated, making compliance impossible.
The High Court rejected these arguments, holding that the amendments fell within the rule-making power under Section 69 and served a legitimate policy objective of preventing fraudulent transactions.
The petitioners appealed before the Supreme Court.
Core Legal Issue
Whether sub-rules (xvii) & (xviii) of Rule 19 of the Bihar Registration Rules, 2008 are:
