KOCHI: The High Court held that the prior title deed is not mandatory to transfer the possession of the property to another person and register it. Justice P Gopinath's order was on a petition filed by Balachandran and Premakumaran of Alathur, Palakkad alleging that the sub-registrar did not allow the transfer of possession to be registered on the grounds that the prior title deed was not produced.

The single bench passed the order holding that the person is transferring only his possession right. The government counsel stated that the petitioners were asked to produce the prior title deed because they were claiming that the property was a 'mere lease'. However, the High Court accepted the petitioner's contention that the possession can be transferred and registration cannot be denied as it is not government land. The single bench pointed out that the High Court had held in another case that there is no legal bar to transfer of possession of land and sub-registrars need not look into whether the basis of possession is leasehold or ownership.