The Madras High Court has clarified that registration of a real estate project with the Tamil Nadu Real Estate Regulatory Authority (TNRERA) does not determine ownership or title rights over the property. Disputes concerning the title of land must be decided by the competent civil court, the court said.
The observation was made by Justice D Bharatha Chakravarthy while refusing to quash the registration granted by TNRERA for a real estate project being developed on a land parcel in Tambaram.
The case involved a petition filed by N Balakrishnan challenging an order passed by TNRERA on April 10, under which the project developed by S Anandhan was registered with the authority.
Civil Court to Decide Title Disputes
The petitioner claimed that a civil suit concerning the title of the land was already pending. According to Balakrishnan, Anandhan had relied on an ex parte interim injunction issued by the civil court and subsequently applied to TNRERA for registration of the project.
Balakrishnan had opposed the registration, arguing that the pending title dispute should have been disclosed to the regulatory authority.
The petitioner also referred to Section 4 of the Real Estate (Regulation and Development) Act, 2016, and argued that an application for project registration is required to contain details concerning encumbrances and other relevant matters relating to the property.
He contended that Anandhan had neither disclosed the pending civil suit nor mentioned the dispute concerning the land while applying for registration with TNRERA.
The High Court, however, held that TNRERA is not the forum for deciding disputed questions of title.
Justice D Bharatha Chakravarthy observed that where there are disputed questions relating to ownership or title, it is for the affected parties to approach the competent civil court. The registration of a project by TNRERA, therefore, does not by itself settle the underlying title dispute.
TNRERA Registration Does Not Settle Ownership
The court’s observation distinguishes the regulatory function of TNRERA from the jurisdiction of civil courts in property ownership matters.
While TNRERA deals with the registration and regulation of real estate projects under the RERA framework, questions concerning competing claims over ownership of land fall within the jurisdiction of the appropriate civil court.
The court noted that granting project registration does not prejudice the rights of a person pursuing a civil case concerning the title of the property.
This means that a person involved in a pending title dispute can continue pursuing the matter before the civil court even if the land or project has already received TNRERA registration.
Court Declines to Quash Project Registration
In the Tambaram case, the High Court also considered the stage of the project before deciding whether to interfere with the TNRERA registration.
The court observed that the project had already been registered and that construction had reached an advanced stage. In view of these circumstances, the court said it may not be open to TNRERA to revoke the registration already granted and reconsider the matter.
The petition challenging the registration was consequently disposed of, leaving the underlying title dispute to be dealt with through the appropriate civil proceedings.
Implications for Real Estate Projects
The ruling highlights the distinction between regulatory registration and legal title to property. A project’s registration with TNRERA should not be treated as a final determination of ownership where competing title claims are pending.
For developers, landowners and other parties involved in real estate transactions, the case also highlights the importance of disclosing relevant property-related information while seeking project registration.
At the same time, the court’s decision makes clear that the existence of a TNRERA registration does not prevent a party from pursuing a title dispute before a civil court.
The ruling came in connection with the Tambaram project and was delivered by the Madras High Court on September 18, 2026. The court disposed of the challenge to the TNRERA registration while leaving the disputed title issues to the competent civil court.
