MADURAI: The Madurai Bench of the Madras High Court directed the registration department to introduce a new software to enable ‘name search’ option while applying for encumbrance certificates online.
The court passed the order while considering a petition filed by J Sumathy in 2021. Sumathy, who wanted to claim rights on a Hindu Undivided Family property, attempted to get details of it by applying for an encumbrance certificate, to ascertain whether it has been dealt with and to find the person in whose name it presently stands.
However, she could not find the name in which the transaction had taken place and therefore could not seek her share in the property. Though she made a representation to the registration authorities in 2021, they replied that the present software, Star 2.0, does not have ‘name search’ facility. Subsequently, she filed the petition.
Her counsel submitted that when rules 140 and 141 of the Registration Rules stated that the name of the individual must be provided while making searches to avail encumbrance certificate, the authorities cannot take a stand that the prevailing software is not equipped to offer ‘name search’ facilities.
When the case was heard by Justice Venkatesh recently, the government counsel informed the court that steps have been taken to incorporate ‘Star 3.0’ software by introducing the aforesaid search options.
The judge directed the department to replace old software with the new one in two months. The new software should be in compliance with Registration Rules.