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2012 DIGILAW 1141 (AP)

Chandrammagari Tippeswamy v. District Registrar, Stamps and Registration Department

2012-11-19

C.V.NAGARJUNA REDDY

body2012
Judgment This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not entertaining the gift deed sought to be presented by petitioner No.2 for registration, as illegal and arbitrary. Petitioner No.2 is the assignee of the land admeasuring Ac.5.20 cents in Survey No.205-3 of Yatakallu Village, Setturu Mandal, Anantapur District. Intending to gift the said property in favour of petitioner No.1, who is no other than her own son, petitioner No.2 sought to present the gift deed before respondent No.2 for registration. As respondent No.2 has not received the said document on the ground that the same is an assigned land, the petitioners filed this writ petition. A perusal of the D-Form patta shows that under condition No.1, the assigned land is heritable, but not alienable. Petitioner No.1, being the son of petitioner No.2, the latter is entitled to bequeath the property in favour of her own son, as such disposal does not constitute alienation in favour of third parties. Respondent No.2 has failed to find the legal distinction between the alienation in favour of third parties and family settlement among the family members. Hence, this Writ Petition is disposed of with the direction to respondent No.2 to receive the gift deed sought to be presented by petitioner No.2 and register the same subject to the latter complying with the statutory requirements of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. Before closing this case, I find it necessary to observe that many Sub-Registrars in the State have been refusing to register the gift deeds/settlement deeds pertaining to the assigned lands among the family members. This has been creating unnecessary litigation forcing the aggrieved parties to approach this Court. To avoid this vexatious litigation, the Principal Secretary (Revenue), Stamps & Registration Department of Andhra Pradesh, Hyderabad, is directed to issue a circular to all the Sub-Registrars in the State to accept the gift deeds relating to the assigned lands among the family members and report to this Court through the Government Pleader for Revenue within one week from the date of receipt of this order. As a sequel to disposal of the writ petition, WPMP.No.41874 of 2012 filed for interim relief is dismissed as infructuous.