Gopinath S and another v. Nil
Case brief
What is this about?
Single judge order allowing registration of a 50% share release instrument administers estate jointly, permitting discharge only with express court permission and evidence of consent from all co-administrators.
What did the court decide?
Permitted registration of the instrument of release for 50% share subject to evidence of consent from all petitioners/users of administration.
What the court decided
A.No.136 of 2023 in O.P.No.253 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
A.No.136 of 2023
By order dated 27.08.2021 in O.P.No.253 of 2021, letters of administration were issued to the applicants/petitioners in respect of the estate of the late Mr.G.Bhagawan. Thereafter, one of the petitioners, Mr.S.Gopinath, intended to release his 50% share in the property. When the instrument of release was presented for registration, the registration authorities refused to register the instrument without orders of this Court. This application is presented in the said facts and circumstances.
- In the refusal check slip, the registration authorities have stated that such registration would not be permitted without express permission from the Court. Given the fact that letters of administration were issued in favour of the petitioners, jointly, subject to clear evidence of consent on the part of both the petitioners, the registration authorities may register the instrument. This application is disposed of on the above terms.
kal
11.01.2023
SENTHILKUMAR RAMAMOORTHY, J.
Parties & counsel
- petitioner
Mr. S. Gopinath
Coram
SENTHILKUMAR RAMAMOORTHY
Case details
As recorded by the court registry
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