SC upholds validity of sale deed despite purchaser’s absence at registration; presence of buyer not mandatory under Registration Act

Case Name: H.P. Puttaswamy v. Thimmamma & Others
Date of Judgment: JANUARY 24, 2020
Citation: 2020 INSC 86; Civil Appeal No. 3975 of 2010
Bench: Hon’ble Mr. Justice Deepak Gupta and Hon’ble Mr. Justice Aniruddha Bose

Held: The Supreme Court held that under Section 32 of the Registration Act, 1908, the presence of the purchaser is not required at the time of registration of a sale deed. Registration is valid so long as the document is executed and presented by the vendor or an authorised person.

Summary: The dispute concerned immovable property in Karnataka. The appellant claimed ownership based on a 1981 sale deed, while the respondents relied on a prior deed executed in their favour. The Trial Court and First Appellate Court accepted the appellant’s claim, holding the respondents’ deed invalid since the purchaser was not present before the Sub-Registrar. However, the High Court reversed, holding that the Registration Act does not mandate purchaser’s presence. On appeal, the Supreme Court affirmed the High Court, holding that absence of the buyer at registration does not invalidate a sale deed, provided the vendor duly executes it.

Decision: Appeal dismissed. High Court judgment upheld, confirming that purchaser’s absence at registration does not affect validity of sale deed.