HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31076 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE ARUN KUMAR, J. 1. The present writ petition has been filed for the following relief: "I. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.3 to register instrument i.e. sale deed dated 30.07.2025 executed by owner of House No. 262, Ward No.3, Gata No. 2075 Sa namely Sri Narendra Kumar Arora, son of Amritlal Arora, Resident of Bansi Road, Pandey Bazar Basti, Tappa- Padiya, Pargana- Purab Basti, Tehsil and District-Basti in favour of the petitioners." 2. The petitioners claim that they presented a sale deed executed by one Narendra Kumar in their favour for registration before the Sub-Registrar on 30.07.2025. Their vendor Narendra Kumar was also present. However, the Sub-Registrar did not register the document and directed the petitioners to produce evidence to prima facie prove their title. The petitioners submitted their explanation to establish their title. They also filed documents in support of explanation. On 31.07.2025, another application was filed by the petitioners requesting the Sub-Registrar to register the sale deed but neither it has been registered nor any order has been passed declining the registration. 3. One Seeta Devi W/o Jwala Prasad has filed impleadment application. She claims title over the property, which is subject matter of the sale Versus Counsel for Petitioner(s) : Ashutosh Pandey Counsel for Respondent(s) : C.S.C., Jitendra Kumar Srivastava Amina Khatoon And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) deed, which has been presented by the petitioners for registration. The case of the applicant is that she is true owner of the property and that the vendor of the petitioners was only having mortgagee rights. Thus, the registration of the sale deed is being opposed. 4. Learned counsel for the petitioners has placed reliance on the scheme of the Registration Act, 1908 in contending that thereunder the Registering Authority has no power to examine the title of property in relation to which document is presented for registration. In support of the submission reliance has been placed on judgement of Supreme Court in K. Gopi Vs. The Sub-Registrar and others, 2025 0 AIR (SC) 1800. In para-15 of the said judgement, the Supreme Court has observed as follows:- "15. The registering officer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid. We may note here that under the scheme of the 1908 Act, it is not the function of the Sub-Registrar or Registering Authority to ascertain whether the vendor has title to the property which he is seeking to transfer. Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliances as narrated above, the document must be registered. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any transfer." 5. In view of the above, we dispose of the instant petition with direction to the Sub-Registrar to pass appropriate orders in relation to request of the petitioners for registration of the document within four weeks from today. WRIC No. 31076 of 2025 2 We leave it open to the applicant namely, Seeta Devi W/o Jwala Prasad to file objection, if any, before the Sub-Registrar. The Sub-Registrar will however deal with the objection keeping in mind the scope of the power conferred upon him under the Act. 6. The impleadment application stands disposed of in terms of the instant order. September 9, 2025 gp WRIC No. 31076 of 2025 3 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- GANESH PRAKASH High Court of Judicature at Allahabad