Disposed

D. Yallamma v. The District Registrar

Telangana HC10 Dec 2010WP/31132/2010

Case brief

AI extract

What is this about?

The High Court directed the District Registrar to receive a family arrangement deed for registration if no legal impediments exist, or to pass an order under Section 71 of the Registration Act, 1908 specifying objections within two weeks.

What did the court decide?

Respondent No. 2 directed to receive the document; if no objection, register it; if objection exists, pass order under Section 71 of the Registration Act, 1908 within two weeks.

D. Yallamma Vs The District Registrar — Property and Title | Telangana HC (2010)

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THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.31132 of 2010

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Date: 10.12.2010

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Between:

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D. Yallamma and others

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..... Petitioners

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AND

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The District Registrar, Ananthapur and another

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.....Respondents

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Counsel for the Petitioners: Sri Narasimhulu Parise

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Counsel for Respondents: Assistant Government Pleader for Revenue

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The Court made the following: ORDER:

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This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not receiving the settlement deed dated 22.11.2010 executed among the petitioners for registration in respect of survey Nos.25, 43, 50 and 52 of Muridi Village, Herrehal Mandal, Ananthapur District for registration as illegal and arbitrary.

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The petitioners pleaded that they are all co-sisters and inherited

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the properties through their late husbands. According to them, they have made a family arrangement among themselves and sought to register the document by presenting the same before respondent No.2. Their grievance is that respondent No.2 has not received the same for registration.

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At the hearing, the learned Assistant Government Pleader for Revenue, on instructions, stated that so far the petitioners have not presented the document to respondent No.2 and that there is an order of injunction against the petitioners.

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In my opinion, if respondent No.2 has reasons to refuse registration, he shall pass an order under Section 71 of the Registration Act, 1908 (for short ‘the Act’). Therefore, he is directed to receive the document as and when presented by the petitioners. If respondent No.2 does not find any legally sustainable objections for registration of the document, he shall register the same. Conversely, if there is any legal impediment for registration, he shall pass an order under Section 71 of the Act and communicate the same to the petitioners within a period of two weeks from the date of presentation of the document by the petitioners.

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Subject to the above directions, the Writ Petition is disposed of.

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As a sequel to disposal of the writ petition, W.P.M.P.No.39606 of 2010 filed by the petitioners for interim relief is disposed of as infructuous.

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10^th December, 2010 GHN

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________________________ C.V.NAGARJUNA REDDY, J

D. Yallamma v. The District Registrar

Case brief

What is this about?

What did the court decide?

D. Yallamma v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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