Dismissed

Syed Noor Jahan v. the Joint Sub Registrar

Andhra Pradesh HC15 Sept 2026WP/1570/2019

Case brief

AI extract

What is this about?

The petitioner challenged the registration of a General Power of Attorney (Doc.No.10718/2018) by the Joint Sub-Registrar, Kurnool, arguing that the registering officer should have insisted on a legal heir certificate or succession certificate. The court held that under Rule 58 of the Registration Rules, the registering officer is not required to examine the validity of a document or the executant's title, but only to consider specific objections such as identity, forgery, authority of representative, death of executant, or minority. The writ petition was disposed of with liberty to the petitioner to approach a competent civil court for cancellation of the GPA.

What did the court decide?

Writ petition dismissed; petitioner granted liberty to approach competent civil court for cancellation of the General Power of Attorney.

Syed Noor Jahan Vs the Joint Sub Registrar — Property and Title | Andhra Pradesh HC (2026)

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APHC010034302019

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3333]

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WEDNESDAY, THE 16^th DAY OF SEPTEMBER 2026

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1570/2019

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Between:

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SYED NOOR JAHAN, D/O LATE SYED RAZACK PEER, AGED ABOUT 58YRS, R/O H.NO.11/116, OSMANIA COLLEGE ROAD, KURNOOL

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...PETITIONER

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AND

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THE JOINT SUB REGISTRAR, JOINT SUB REGISTRAR OFFICE KURNOOL

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THE DISTRICT REGISTRAR, KURNOOL

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THE COMMISSIONER AND INSPECTOR GENERAL, STAMPS AND REGISTRATION VIJAYAWADA, KRISHNA DISTRICT

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY STAMPS AND REGISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT

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SYED NOORUDDIN, S/O SULTAN PEER AGED ABOUT 55YRS, OCC. BUSINESS R/O PLOT NO. 106, MUZAFAR NAGAR KALLUR, KURNOOL

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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VS,J W.P.No.1570 of 2019

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pleased to to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in receiving and processing the General Power of Attorney submitted by the respondent No.5 and others without any proof of Legal Heir Certificate and without insisting for Succession Certificate from the competent civil court and completing the registration vide Doc.No.10718/2018, dt.03- 10-2018 as arbitrary, illegal and consequently direct the respondents to cancel the Registered GPA bearing Doc.No.10718/2018, dt. 03-10- 2018 forthwith in the interest of justice.

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IA NO: 1 OF 2019

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Registered General Power of Attorney bearing Doc.No.10718/2018, dt.03-10-2018 pending disposal of the Writ Petition

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Counsel for the Petitioner:

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1.P NAGENDRA REDDY

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Counsel for the Respondent(S):

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1.GP FOR REGISTRATION AND STAMPS (AP)

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The Court made the following:

VS,J

W.P.No.1570 of 2019

ORDER:

This Writ Petition came to be filed under Article 226 of the

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Constitution of India, seeking the following prayer:

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“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent No.1 in receiving and processing the General Power of Attorney submitted by the respondent No.5 and others without any proof of Legal Heir Certificate and without insisting for Succession Certificate from the competent civil court and completing the registration vide Doc.No.10718/2018, dt.03- 10-2018 as arbitrary, illegal and consequently direct the respondents to cancel the Registered GPA bearing Doc.No.10718/2018, dt. 03-10- 2018 forthwith in the interest of justice…”

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Aggrieved by the action of the 1^st respondent in registering the General Power of Attorney submitted by the 5^th respondent, without seeking any proof and without insisting for succession certificate from competent civil Court, vide document bearing No.10718/2018, dated 03.10.2018, the petitioner filed the present writ petition.

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Heard Sri. M. Kranthi Gireesh, learned counsel representing Sri. P. Nagendra Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration.

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Perused the entire material available on record. Today when the matter came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the 1^st respondent dated

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VS,J W.P.No.1570 of 2019

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27.02.2019, wherein it is stated that as per Rule 58 of the Registration Rules, it is not the duty of the registering officer to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground

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that the executing party had no right to execute the document, but, the registering officer is bound to consider objections raised on any of the following grounds:

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i) That the parties appearing or about to appear before him are not the persons they profess to be

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ii) That the document is forged.

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iii) That the person appearing as a representative, assign or agent, has no right to appear in that capacity.

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iv) That the executing party is not really dead as alleged by the party applying for registration or

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v) That the executing party is a minor or an idiot or a lunatic.

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5. It is further stated in the instructions that the document in

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question was registered in accordance with law and that there is no deviation of due process of law; that the 1^st respondent has no power to insist the party to produce legal heir certificate or succession certificate. Hence, requested to dismiss the writ petition.

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Admittedly, it is not the duty of the registering officer to examine the validity of a document or entertain objections based on the executants’

VS,J

W.P.No.1570 of 2019

lack of title or right to execute it. However, the registering officer is bound to consider objections relating to (i) the identity of the persons appearing, (ii) forgery of the document, (iii) the authority of a representative, assign or agent to appear in such capacity, (iv) whether the executant is actually dead as alleged, and (v) whether the executant is a minor. In the present case, the registering authority need not insist upon a legal heir certificate or succession certificate, as alleged by the petitioner, for processing the General Power of Attorney, as the production of such certificates is not necessary for registration of the document. If the petitioner is very much aggrieved by registration of the document bearing No.10718/2018, dated 03.10.2018, he may approach the competent civil Court seeking its cancellation.

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Accordingly, this writ petition is disposed of, with a liberty to the petitioner to approach competent civil Court seeking cancellation of the General Power of Attorney bearing document No.10718/2018, dated 03.10.2018, if so aggrieved. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed.

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_____________________ JUSTICE V.SUJATHA

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16.09.2026 Gss

Syed Noor Jahan v. the Joint Sub Registrar

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Syed Noor Jahan v. the Joint Sub Registrar

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