//
you're reading...
CHEQUE BOUNS CASE

Unless the concerned Court has passed an order of temporary injunction, the Sub-Registrar cannot refuse registration. Obviously realising this, the present incumbent of the office of the 3rd respondent stated, in all fairness, that in case the petitioner presents the document, he would receive and process the same.

WP 309 / 2012   WPSR 57 / 2012 CASE IS:DISPOSED
PETITIONER RESPONDENT
SHABBIR MIYA, MEDAK DISTRICT   VS THE STATE OF AP.,DEPT OF STAMPS & REGISTRATION & 3 OTHERS
PET.ADV. : NALIN KUMAR RESP.ADV. : GP FOR REVENUE
SUBJECT: STAMPS & REGISTRATION DISTRICT:  MEDAK
FILING DATE:  02-01-2012 POSTING STAGE :  INTERLOCUTORY(REVENUE – STAMPS & REG.) DISPOSED ON  :  03-04-2012  DONC
REG. DATE    :   04-01-2012 LISTING DATE :  03-04-2012 STATUS   :  ———
HON’BLE JUDGE(S): L.NARASIMHA REDDY    

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

Binded Document

Binded Document (Photo credit: Sean MacEntee)

WRIT PETITION No.309 of 2012

ORDER:

The petitioner intended to execute a Gift Deed in respect of Ac.1.00 of property in favour of his wife.  His grievance is that the Sub-Registrar, Zaheerabad, Medak District – the 3rd respondent herein, is refusing to register the document on the ground that the 4th respondent filed a suit for partition.  He contends that there was no discretion on the part of the 3rd respondent in refusing to register the document particularly when Section 22-A of the Registration Act, 1908 does not apply to the property in question.

The 3rd respondent filed a counter affidavit.  He stated that the petitioner did not present any document at all and that in case the document is presented in accordance with law, he would process the same as per the relevant provisions.

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

It appears that the Sub-Registrar, who held the office till recently, refused to receive the document presented by the petitioner on the ground that a suit for partition filed by the 4th respondent is pending.  Unless the concerned Court has passed an order of temporary injunction, the Sub-Registrar cannot refuse registration.  Obviously realising this, the present incumbent of the office of the
3rd respondent stated, in all fairness, that in case the petitioner presents the document, he would receive and process the same.

Hence, the writ petition is disposed of directing that in case the petitioner presents the Gift Deed, the 3rd respondent shall receive and process the same, unless any Court of competent jurisdiction has prohibited the same through an order of injunction.

The miscellaneous petition filed in the writ petition also stands disposed of.

There shall be no order as to costs.

                                          ___________________________

L. NARASIMHA REDDY, J.   

03.04.2012

KH

Advertisements

About advocatemmmohan

ADVOCATE

Discussion

4 thoughts on “Unless the concerned Court has passed an order of temporary injunction, the Sub-Registrar cannot refuse registration. Obviously realising this, the present incumbent of the office of the 3rd respondent stated, in all fairness, that in case the petitioner presents the document, he would receive and process the same.

  1. sir please send me this judgement copy writ petition 309 of 2012 , I have face same condition, no temporary injunction order passed in my civil suit , till Registrar denied to registration , I am Karta of family and suit aginst Karta is not maintainable, till suit is pending. I have money for my daughter’s marriage but my son restrain me, purchaser ready to purchase suit land and he also ready to submit affidavit as he is ready for any court decree. please sir send me this writ petition 309 of 2012, my adv. email id is nilesh180@in.com , I kindly request help me , in my civil suit my son making party to me as father and registrar and other family member, and he demand partition in joint family property actually this property is my self acquired property .and requested court for temporary injunction against me as father and registrar not to alienate / sale suit property , he gives notice to sub registrar under 80 urgency and court also granted , I have citation of suit not maintain against karta but i have not any citation about Sub registrar please send me this writ petition. (nilesh180@in.com)

    Posted by Vasudeo | 01/20/2013, 10:31 AM

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: