Sub-Registrars Cannot Deny Registration Of Power Of Attorney Revocation Deeds: J&K High Court

Sub-Registrars possess no adjudicatory authority to question the validity of a revocation deed or direct litigants to civil courts, as their role remains strictly ministerial under the registration framework. The High Court of Jammu & Kashmir and Ladakh has clarified that the administrative deletion of 'Cancellation of Instrument' from official checklists does not divest registering officers of their statutory duty to register the revocation of a Power of Attorney.

In a decisive ruling, Hon’ble Mr. Justice Rajnesh Oswal adjudicated upon a petition challenging the inaction of a Sub-Registrar who refused to register a revocation deed, despite the petitioner alleging a breach of trust by the attorney holder. The Court examined the boundaries of executive orders versus statutory mandates in the context of the Registration Act, 1908.

Court Observations and Directions

The Court observed that the Sub-Registrar's powers are strictly governed by Section 34 of the Registration Act, 1908, which is limited to satisfaction regarding the execution and identity of the parties. It further noted that an agency remains inherently revocable at the instance of the principal unless a distinct right or interest is created in favor of the attorney. Relying on K. Gopi Vs. Sub-Registrar and others and M. S. Ananthamurthy & anr. Vs. J. Manjula etc. ( "2025INSC273": 2025 CaseBase(SC) 290), the Court reiterated that registering authorities have no power to ascertain the title or decide the validity of the transfer.

The Court, in its reasoning, observed: "The conduct of Respondent No. 2 in keeping the registration of the revocation deed pending is antithetical to public service and reflects an unwarranted, citizen-frustrating approach... a power of attorney is rendered irrevocable only if it creates a distinct right or interest in the subject matter in favour of the attorney holder... In absence of any such interest, the authority remains inherently revocable at the instance of the principal."

The Court has following directions:

"The Sub Registrar is directed to register the document i.e. Irrevocable Power of Attorney, within the period of 07 days from the date of receipt of this order, provided there is no other legal impediment."

Background

The petitioner had executed an "Irrevocable General Power of Attorney" in 2009 in favor of respondent No. 3. Suspecting fraud, the petitioner issued a public notice and a legal notice to revoke the authority. However, when he approached the Sub-Registrar (SRO Jammu South Janipur) to register the revocation deed, the official neither registered it nor passed a refusal order. The respondent argued that a government order dated 02.01.2023 had deleted the category of "Cancellation of Instrument" from the registration checklist. They further contended that such cancellations fall under the domain of civil courts under Section 31 of the Specific Relief Act, 1963.

The Court rejected these contentions, holding that the executive order was intended to prevent piecemeal objections and not to strip the Sub-Registrar of statutory powers. It clarified that since the attorney holder had no independent interest in the property, the principal had the right to terminate the agency. The writ petition was consequently allowed, and the Sub-Registrar was ordered to complete the registration within seven days.

Case Details:
Case No.: WP(C) No. 1375/2026
Case Title: Muzaffar Hussain Rather Vs Union Territory of J&K and others
Appearances:
For the Petitioner(s): Mr. Azmat Ullah Parihar, Advocate
For the Respondent(s): Ms. Monika Kohli, Sr. AAG with Ms. Sagira Jaffer, Advocate

Source: 2026 CaseBase(JK) 60