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Smt. Sandela Ajitha v. State of Telangana

Telangana HC14 Aug 2025WP/23093/2025

Case brief

AI extract

What is this about?

Telangana High Court, W.P. No. 23093 of 2025, K. Sarath, J., 14.08.2025: registration of 11-month lease deed (Doc No.122/2025 dt. 10.04.2025) executed by minor owners through natural-guardian mother; Circular Memo No.G1/9916/2013 inapplicable to short-term lease; Section 8(2), Hindu Minority Act, 1956; refusal order No.2/2025 dt. 16.07.2025 set aside; Joint Sub Registrar, Nizamabad Urban directed to register and release document within 4 weeks; relies on W.P. No. 34460 of 2024 (17.12.2024); no costs.

What did the court decide?

Impugned refusal order No.2/2025 dated 16.07.2025 set aside; respondent No.2 directed to receive and register pending Document No.122/2025 and release the same if otherwise in order, within four (4) weeks from the date of receipt of a copy of the order; miscellaneous petitions, if any, stand closed; no order as to costs.

Smt. Sandela Ajitha Vs State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal order No.2/2025 dated 16.07.2025 passed by respondent No.2 refusing to receive and register pending Document No.122/2025 (lease deed dated 10.04.2025 executed by petitioner Nos.2 and 3, minors, through their natural guardian, in favour of petitioner No.1) is illegal and arbitrary. +1 more

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Court's answer

The writ petition is disposed of by setting aside the impugned refusal order No.2/2025 dated 16.07.2025 issued by respondent No.2, and respondent No.2 is directed to receive, register and release pending Document No.122/2025 if otherwise in order within four (4) weeks from receipt of a copy of the order, with no order as to costs.

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Ratio / Principle

The instant case is not within the purview of Circular Memo No.G1/9916/2013, since the proposed lease deed executed by petitioner Nos.2 and 3 (minors) is only for a period of eleven (11) months; accordingly the requirement of previous permission of the Court under the Circular read with Section 8(2) of the Hindu Minority Act, 1956 does not bar registration of the pending document.

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Detailed headnote1 paragraphs

Writ Petition (Article 226, Constitution of India) - Joint Sub Registrar, Nizamabad Urban, by Refusal Order No.2/2025 dated 16.07.2025, declined to register pending Document No.122/2025, a lease deed dated 10.04.2025 executed by petitioner Nos.2 and 3 (minors aged about 17 and 12, acting through their mother as natural guardian) in favour of petitioner No.1 in respect of 1400 sq. yards in Sy.No.74, Nizamabad - refusal rested on Circular Memo No.G1/9916/2013 of the Commissioner and Inspector General (Registration and Stamps), Telangana, that properties owned by minors are prohibited from transfer except with previous permission of the Court under Section 8(2) of the Hindu Minority Act, 1956 - Held: relying on the Government Pleader's instructions recorded in para No.5 of the order in W.P.No.34460 of 2024 dated 17.12.2024, the proposed lease being only for eleven (11) months, the instant case is not within the purview of the said Circular (which, as quoted therein, requires court permission only where a natural guardian leases minors' property for a term exceeding five years or extending beyond minority) - Refusal order set aside; respondent No.2 directed to receive, register and release the document within four weeks if otherwise in order; no costs.

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[³³⁰²¹

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HIGH COURT^{FORTHE STATE OF TELANGANA AT HYDERABAD} (SPecial Original^{Jurlsolctlon'}

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THURSDAY,^{THE FOURTEENTHDAYOF AUGUST} TWO THOUSAND^{AND TWENTYFIVE}

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PRESENT

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THE HONOURABLE^{SRI JUSTICEK. SARATH}

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WRIT PETITIO N^{NO:23093oF 2025}

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Between:

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Smt. Sandela^{Ajitha,w/o LinSgIl Sandelatndian' Aoed About57 Years'} occ. Business'^{nyo. 'iilirtro]sos'Surya Towers'Ralyalaxmi Residency'} Pragathinagar,^Nizamabad'

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B. Vaishnavi,^{d/o. B. Sridhar, Aged about-17.years,Rep by natural guardian'} Radhika^{w/o. B. s,i;il;i:'ii;: Htr6+-g-irl'JawanbrRoad' Nizamabad'} Nizamabad^District.

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B. Venkata^{Shiva Priya, d/o B sridhar' Agedabout 12 vears' Rep' by natural} " s-tio"h;;' Rid H No 4-9j111 ' Jawahar Road'

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ouardian, Radhika ilizamabad, Nizamabad^District "^7'"]'"s

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...PETITIONERS

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AND

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State of^{Telangana,Rep by its Principal Secretary' Revenue (Registration} ' i"ii-sim p.i depi,tmeht S'ecretari at' H vd e ra bad

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The Joint^{Sub Registrar, Nizamabad Urban' Nizamabad District}

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...RESPONDENTS

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Petition under^{Article 226o'f the Constitution of lndia praying that in the} circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to issue^{an appropriateWrit'order or direction more particularlyone in} the nature^{of Writ of Mandamus declaringthe refusalorderNo'2/2025dated} 16tO7 t2O25^{in respect of 'pendingDoc'No12212025' as illegal' arbitrary'} unlawful,withoutiurisdictionandcontrarytotheprovisionsoftheRegistration Act, 1908 and^{in violationof Article 14 of Constitutionof lndian'and} consequently^{direct the 2ndRespondentto registerand releasethe lease deed} presented by the^{petitionersdated 1010412025'}

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IANo: 10F 202s

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petition under Secl ,;fi:i,i,:t::,r,:;H;J:ffi m;llf;iJ::ffifi :.:]"; Doc No 1 22 t 2o2s,r",.,,n J:rlfll ;:::"::f l1ril;J.*" ; ;;",

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Counsel for the petitioners: SRI K.DURGA PRASAD Counsel for the Respondents: SMT S.SRAVANTHI. AGp FoR srAMps it RecrsrRerroru

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The Court made the following: ORDER

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SI(, J W.l'. No 2J093 ol^202o

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THE HON'BLE^{SRT JUSTICE K.SARATH}

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WRIT PETITTON^{No.23O93 of 2o25}

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ORDER:

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This writ petition is^{filed qucstioningthe refusal} order No.2l2025^{date<i 16.O7.2025lnrespect of} pend.ing Document^No.122 12025^{as illegal and} arbitrary and to direct^{the rcspondent No.2 to register} and release the leasc^{dccd datcd lO.O4-2A25prescnted} by the petitioncrs.

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Hearcl Sri K, l)u^{rgz,r i)ratsad, le:u-ned counselfor} the pctilioncrs and^{Smt S.Sravanthi,lcarncri} Assistant Govc'rrrment^{l)lcadcr for SAppsand} Regist ratio^n.

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Learncd Counsel for thc^{pctitioncrs submits that} the petitioner Nos.2 and^{3 arcminors being} representod by their rnothcr^{as natural gtrardizurB.} Radhika. The pctitioner Nos.2 ancl 3^{ale absolute} owne rs and posscssors of thc iand aclmcasuring¹⁴⁰⁰

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SK..J W P.No.23093 of 2025

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sq. yafds 1n Sy.No.74 situated at Nizamabad Village and Mandal, Nizamabad District and they have executed a lease deed on 1O.O4.2O25 in lavour of petitioner No.1 and when the said lease deed was presented before the respondent No.2 for registration, the same was refused by the respondent No.2 by the impugned order dated 16.07.2025 for the reason that the petitioner Nos.2 and 3 being minors under the guardianship of their mother have executed lease deecl dated 10.04.'2025 ln favour of the petitioner No.1 and as per the Circular Memo No.G1/9916 l2ol3 dated 02.07.2013 issued by the Comrnissioner and Inspector Genera,l (Registration and 'stamps) Telangana, the properties owned by the minors are prohibited lrom transfer except with previous permission of the Court under Section 8(2) of the Hindu Minority Act, 1956. In fact, the petitioner Nos.2 and 3 have executed the proposed lease deed lor the land admeasuring 1400.00 sq. yards or 1i7O.54 sq.

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SK, J w P.No.23093^{of 2025}

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meters in Sy.No.74^{situated at NizamabadShivar} Mandal and District^{for a periodof 11 months on rent} basis and the^{Circular instructionsmentioned by the} registering authority^{are not apply to the instant case'}

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Learned^{Counsel for the petitioners further} submits that^{in similar circumstancesthis Court has} disposed of^{W.P.No.3 4460 of 2024 on 17 '12'2024 and} categorically^{recordedthe submissions of the learned} Government^{Pleader for Stampsand Registration in} para No.5 of the^{order,which is extracted as under;}

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"5. Irarned^{GovernmentPleaderfor StampsandRegistration} placed instruction^{of respondentNo 2' which readsas:} "It is submitted^{that a writ petition hasbeenfited by Smt} I San dela Ajitha W/o^{Lingam Sandela R/oNizamabad'statingthat} p lease deecl is presented^{beforethe Sub Registrar on 08 O5'2O24and the} SRo has^{beeninformed orally that the propeityis a minors property} andunlessthereiSanorderfromthecompetentCourt,SubRegistrar will not Receive^{and register the lease deed'}

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ln view of^{theabove, it issubmittedthataccording to} Cir.Memo.No,Gl lgg16l2013^{dated 03-08-2013of the Commissioncr} and Inspector^{Generalof Registration and Stamps A'P Hyderabad'} TheNaturalguardiansha]lnotwithoutthepreviouspermissionof the court^{lease any part of such propertyfor a term exceedingltve} years or for a term^{extending more then oneyear beyondthe dateon} which the minor^{will attain majority'}

i l t

I I I I i i I i

sI{ .r W. P. No.2Jo93 of 20i5

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It is hurnblv submitted tha petitioner berore rhe ";. ..J;",1"1,,."t::il.::,,r:::::::""rJ J; Processed as per the provisior rs of the Registration Act 19Og.,,

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Learned Counsel further submits that in vrew of the above submissions, it clearly shows that lease of any part of the Propert5r for a term exceeding five years or for a term extending more tharr one year beyond the date on which the minor will attain malority, permtssion of the Civil Court is necessary, l_-ut in the rnstant case, the petitioners want to execute lease deed for a period of 11 months and in view of the same, he has requested to a_llow the writ petition by setting aside the impugned order.

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Learned Assistant Government pleader for Stamps and Registration tairly conceded that as per the Circuiar Memo No.G1l9916 /2013 if the parties walt to enter ieaSe agreement for the property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will

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SK..] W.P-No 23Oq3^ol2025

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attain majoritY,^the Permrssron^{of the comPetentCourt} 15 necessary

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After^{hearing both sides and perusal ofthe} record, this^{Court is of the consideredview that the} impugned refusal^{orderwas passed by the respondent} No.2 on the^{groundof violation of Circular Memo} No.G1/99 16 l2ol3^{issued by the Commissionerand} Inspector General^{(Registrationand} Stamps) Telangana,^{Hyderabad,stating that the properties} owned by^{the minorsare prohibitedfrom transfer} except with^{previous permissionof the Court under} Section^{8(2) of the Hindu Minority Act'1956.} t^The instant case^{is not within the purview of the said} Circular as^{per thesubmission of thelearned} Government^{Pleader inpara No'5 of the order in} W.P.No.3446O^{of2024 dated L7 '12'2024 asthe} proposed lease^{deed was executed by the petitioner} Nos.2 and 3^{is for a period' of eleven(11) months'}

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SK, J W. P.No.23093 oI2025

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In view of the above circumstances, the Writ Petition is disposed of by setting aside the impugncd refusal order No.2/2o2s caterf 16.0'r.2o2s issued by the respondent No.2 ancl the respondent No.2 is directeci to receive and register the pending clccument No.122/2O25 arrd release the sarne if otherwise in orCer ',rr.ithin four (4) weeks from the date of receipt of a copy ol'this order.. No order: as to costs.

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