Judgment

Judgment

The Competent Authority to Adjudicate Objections Concerning Registration Enforcement Proceedings after the Execution of the Transfer Deed or Delivery of the Property (Conclusion of Enforcement Proceedings)

Document Type : Scientific

Author
Assistant Professor and faculty member of the Department of Islamic Jurisprudence and Law at Bozorgmehr University of Qaenat.
10.22034/judg.2026.2070405.1584
Abstract
One of the duties of the Land Registry and Deeds Administration is to execute the provisions of enforceable documents. Regarding the competent authority for objecting to enforcement actions after the expiration of the time period specified in Article 172 of the "Executive Bylaw for Enforcing Official Enforceable Documents," there is a difference of opinion in judicial precedent and legal doctrine. Some fundamentally deny the possibility of an objection, while others consider the registration authority to be competent. Another group seeks to resolve the issue through civil liability, and yet another spectrum believes that the judicial courts have the authority to nullify the transaction. The findings of this research, which is written in a descriptive-analytical manner and based on a library research method, show that the objection to enforcement proceedings must be brought together with a claim that falls within the jurisdiction of the judicial courts, such as an action for annulment or rescission of the transfer. After establishing its jurisdiction, and in view of its lack of inherent competence to hear the said objection, the judicial authority must examine whether, in light of the relevant provision, there exists a matter that justifies the jurisdiction of the registration authority. If the answer is in the affirmative, and since adjudication of the judicial claim is contingent upon the determination of the objection to the enforcement proceedings, the said authority must issue an order of stay. Accordingly, upon receipt of the final decision of the registration authority, the court shall render the judgment.
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Articles in Press, Accepted Manuscript
Available Online from 04 June 2026

  • Receive Date 20 September 2025
  • Revise Date 26 December 2025
  • Accept Date 04 June 2026