Kante Jagan Mohan, S/o. Late Kante Rama Subbanna v. State of Andhra Pradesh
2019-11-27
U.DURGA PRASAD RAO
body2019
DigiLaw.ai
ORDER: The writ petitioner is a D-Patta holder to an extent of Ac.0.54 cents in Survey No.17/3 situated at Ramarajupalle Village polam, now situated in Kadapa Municipal Corporation area, YSR Kadapa District. He intended to settle the said property in favour of his wife Kante Naga Lakshumma by way of a family settlement deed dated 09.09.2019. When the said document was submitted, the 4th respondent assigned P.No.24 of 2019 and refused to register the same and referred the same to respondent No.5 for approval and it was informed by respondent No.5 that S.No.17/3 of Ramarajupalle Village is included in the list of prohibited properties under Section 22-A of Registration Act, 1908. Thereby, respondent No.4 refused to register the document. Hence, the writ petition. 2. Heard Sri P. Narahari Babu, learned counsel for petitioner and learned Government Pleader for Stamps and Registration representing respondent Nos.1 to 5. 3. The main plank of argument of learned counsel for petitioner is that though the subject land is an assigned land and it is prohibited from alienation as per the rules of alienation, however, the present act of the petitioner who is the assignee, would not come under the term ‘alienation’ as it is only the act of settlement in favour of his wife. The settlement deed will not be hit by Section 22-A of Registration Act. It is argued that an assigned land though prohibited from in alienation, it is inheritable among the family members of the original assignee and by virtue of settlement deed the petitioner only facilitate such inheritance in favour of his wife. 4. On the other hand, learned Government Pleader for Stamps and Registration would argue that since the subject property is included in the list of prohibited properties covered by Section 22-A of Registration Act, the same was rightly refused to be registered. 5. I gave my anxious consideration to the above said arguments. The copy of 1-B filed along with material papers shows that the Ac.0.54 cents of land in Survey No.17/3 was assigned to the petitioner by way of D-Patta and he has been enjoying the same. Then, the settlement deed dated 09.09.2019 shows that the petitioner intended to confer the said property to his wife. It is trite law that assigned lands are inheritable but not inalienable. Therefore, an assigned land is inheritable from the original assignee by his family members.
Then, the settlement deed dated 09.09.2019 shows that the petitioner intended to confer the said property to his wife. It is trite law that assigned lands are inheritable but not inalienable. Therefore, an assigned land is inheritable from the original assignee by his family members. Since settlement deed is executed by the petitioner/assignee in favour of his own wife, such transaction cannot be said to be an alienation within the ambit of The Andhra Pradesh Assigned Lands (Prohibition and Transfers) Act, 1977 (for short, “Act 9 of 1977”). If such alienation is made in favour of third parties other than the Class-I heirs, then such act could be objectionable. The law is no more res integra in this regard. In Chandrammagari Tippeswamy and another v. District Registrar, Stamps and Registration Department, and another, 2012 (0) SCJ Online (AP) 1679, learned Judge in similar circumstances observed thus: 3. 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. 4. 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, 1899. 5. 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.
Therefore, there can be no demur that the respondents 4 and 5 have to receive the document and register the same. It is deplorable that in spite of a direction given by the learned Judge in the above decision to issue circulars to all the Sub-Registrars of the State to accept the gift deeds relating to the assignment lands among the family members to avoid unnecessary litigation, still such types of cases are being repeatedly filed in the Court, consuming the precious time of the Court on a settled position of the law. Therefore, respondent No.1, who is the Principal Secretary, Revenue (Registration and Stamps) Department is once again directed to circulate the copy of this order to all the Sub-Registrars and District Registrars in the state of Andhra Pradesh. In case, in future, registration is refused in the similar fact situation, action will be directed to be initiated against the concerned. 6. Accordingly, this Writ Petition is disposed of. No costs. As a sequel, Interlocutory Application petitions pending, if any, shall stand closed.