Allowed

Nuakala Phani Kumar, v. Government of Andhra Pradesh

Telangana HC4 Sept 2013WP/501/2012

Case brief

AI extract

What is this about?

This writ petition challenged the refusal of the Sub-Registrar to register a cancellation deed cancelling a 2005 sale deed. The court held that with the executant deceased and the vendee as a party, there was no legal basis for refusal. It directed registration pending compliance with stamp duty and registration formalities.

What did the court decide?

Directive for Sub-Registrar, Amalapuram to receive, process and register the cancellation deed bearing document No. 4483 of 2005.

Nuakala Phani Kumar, Vs Government of Andhra Pradesh — Property and Title | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE SANJAY KUMAR

¶2

WRIT PETITION No. 501 OF 2012

¶3

th Date: September 04 , 2013

¶4

Between:

¶5

Nukala Phani Kumar & another … Petitioners

¶6

And

¶7

The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad, & another … Respondents

¶8

¶9

THE HON’BLE SRI JUSTICE SANJAY KUMAR

¶10

WRIT PETITION No. 501 OF 2012

¶11

O R D E R:

¶12

The petitioners are aggrieved by the action of the Sub-Registrar, Amalapuram, East Godavari District, in not registering the cancellation deed presented by them.

¶13

By the said cancellation deed, the registered sale deed bearing

¶14

document No. 4483 dated 07-11-2005 was sought to be cancelled. This sale deed was executed by the father of the first petitioner in favour of the second petitioner.

¶15

Admittedly, the father of the first petitioner thereafter executed a gift deed in favour of the first petitioner wherein he stated that the earlier sale deed was without consideration and that steps should be taken for cancellation thereof. The father of the first petitioner died thereafter. It appears that the vendee under the said registered sale deed, the second petitioner herein, has no objection to the cancellation of the sale deed in her favour and she is a party to the cancellation deed which is now executed by the first petitioner cancelling the sale deed executed by his father. As the executant of the earlier sale deed is no longer alive, there is no question of compliance with Rule 26(i)(k) of the Rules framed by the State of Andhra Pradesh under the Registration Act, 1908. In any event, the vendee, under the sale deed sought to be cancelled, is a party to the cancellation deed.

¶16

2. In that view of the matter, the Sub-Registrar, Amalapuram, East Godavari District, has no legal basis to refuse registration of the cancellation deed presented before him.

¶17

3. The Writ Petition is accordingly disposed of directing the SubRegistrar, Amalapuram, East Godavari District, to receive and process

¶18

the cancellation deed presented for registration whereby the registered sale deed bearing document No. 4483 of 2005 dated 17-11-2005 is sought to be cancelled. In the event the said cancellation deed is found to otherwise fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, the Sub-Registrar, Amalapuram, East Godavari District, shall complete the registration formalities and release the document in accordance with the due procedure. Pending miscellaneous petitions in this Writ Petition shall stand closed in the light of this final order. No order as to costs.

¶19

_____________________ JUSTICE SANJAY KUMAR

¶20

Date: September 04^th , 2013. JSK

Nuakala Phani Kumar, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nuakala Phani Kumar, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/s. Agarwal Foundaries Vs The Central Power Distribution Company Ltd., of A.P.

B.K.Mohan, Vs Sri.Y.Jagadeesh Prasad

Abhinaya Enterprises (Regd. No. A/6700 1-1313), Vs The A.P. Transmission Corporation Limited

Bathula Bhadraiah Vs State of A.P.

Ardula Baji, S/o.Muthaiah, Vs The State of Andhra Pradesh, Rep. by its Principal

Gaddala Naga Purushothama Rao, Vs The Sub Registrar