Umra Siraj Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

Umra Siraj Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

Registering Authority directed to receive and process the document (Gift Deed dated 24/01/2026) presented by the petitioner, subject to compliance with the Registration Act, 1908 and the Indian Stamp Act, 1899; the authority may refuse the document for duly assigned reasons, communicating its decision to the petitioner; no opinion expressed on merits; miscellaneous petitions closed; no order as to costs.

Issue for consideration

Whether the Court should direct respondent No.3 (Sub Registrar, Banjara Hills) to receive and process the petitioner's Gift Deed dated 24/01/2026 presented for registration, respondent No.3 having refused to receive and process it.

Court's answer

With the consent of both parties the writ petition was taken up and disposed of at the admission stage, directing the Registering Authority to receive and process the document sought to be presented by the petitioner in respect of the subject properties, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

Ratio / Principle

It is open to the Registering Authority to refuse the document presented before it if it has any objection, duly assigning reasons in support of such decision and communicating the said decision to the petitioner.

Key takeaways

The Court made clear that it has not expressed any opinion on the merits of the case as to the entitlement of the petitioner to get the subject document registered.obiter¶47

Detailed headnote1 paragraphs

Stamps and Registration - refusal to receive document for registration - Gift Deed dated 24.01.2026 - Sub-Registrar, Banjara Hills (respondent No.3) declined to receive and process the gift deed presented by the petitioner for registration in respect of subject properties (residential flats, 'Fiora Apartment', Road No.3, Banjara Hills) - writ petition under Article 226 seeking mandamus - with consent of parties, petition disposed of at admission stage - Registering Authority directed to receive and process the document, subject to the petitioner complying with the Registration Act, 1908 and the Indian Stamp Act, 1899 - Registering Authority at liberty to refuse the document if it has any objection, duly assigning reasons and communicating the decision to the petitioner (procedure under S.71, Registration Act, 1908, requiring refusal orders and recorded reasons, adverted to) - Court expressly made clear that no opinion was expressed on the merits of the petitioner's entitlement to registration - miscellaneous petitions closed; no order as to costs.

[³³⁰¹ ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdicrion)

TUESDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE PULLA KARTHIK

WRIT PETITION NO: 2862 OF 2026

Between:

lmra^{Siraj, WO Mohammed Siraj, AgedAbout 52 years,OCC. HouseHold,} Fl/o. H.NO. l0-5-8/8/416, Ahmed Nagar, Masab Tank, Hyderabad 500028.

...PETIT|ONER AND

fhe State of Telangana, Rep. by its Principal Secretary, Stamps and . Registration Department, Secretariat, Hyderabad.

The District Registrar, R.O.BanjaraHills, Hyderabad.

The Sub Registrar, O/o SRO, BanjaraHills, Hyderabad.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly a Writ of Mandamus, considering the Act of respondent No.3 in non-receiving the Gift Deed, dated 2410112026 for registration as bad in the law, in Precise, more form the Section 71 of lndian Stamps and registration Act (citing that Petitioners donors Gift Deed should be compulsory registered) consequently issue a command or order more particularly one in the Nature of mandamus, direct the Respondent No.03 authority to receive Gift Deed dated 2410112026, registered and release.

lA NO:^'l OF 2026

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 direct the Respondent No.03 authority to receive Gift Deed daled 2410112026, registered and release.

Counsel for the Petitioner: SRI M.RATAN STNGH FOR SRI N.SUNIL^BABU Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION

The Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF't ELANGANA AT HYDERABAD

THE HON'BLE SRI JUSTICE PULLA I{_ TRTHIK

WRIT PETITION No.2 862 0F zot:16

3'd FEBRUARY,2c/26

Between:

Urnra Siraj W/o Mohammed Siraj

Petitioner

AND

Thc State of Telangana, Rep by its Prir.rcipal Secretary, Stamps and Registration Department, Secretariat, Hyderabad, and (2) others

Re sponden ts

ORDER:

With the consent of both the parties, this Vrtt petition is takr:n up for disposal at the admission stage itri If.

2 This Writ Petition is filed seeking the folk, .ing relief

" .... considcring the Act of respondcnt No.3 iI non recetving the Gifr Dced, clated 24/Oll2026 for registration as bad rn la,,v. in Precise, more form the Section 71 ol Indiar Stamps and Registration Act (citing that petitioners donors (i I Deed should bc compulsory registered) consequently issue a corl narrd or order more partrcularly one in the Nature o[ mar]dart ls, direct the Respondent No 3 authority to receivc Girr Dccd dated

2

24/0I/2026, registered arrd release and pass such order and orders."

Heard Sri M.Ratan Singh, learned counsel representing Sri N.Sunil Babu learned counsel for the petitioner, and learned Government Pleader for Stamps and Registration, for the respondents.

4 . Learned counsel lor the petitioner submits that respondent No.3 is refusing the receive and process the document sought to be presented by the petitioner in respect of the subject properties i.e. Fiat Nos.SO4 and 505 (pTIN No.118OB1O84B and PTIN No. 1180810526), on 5,t Floor of the residential building 'Fiora Apartment' admeasuring about 15O0 Square Feet each, undivided share of lald admeasuring 25 Square Yards each, situated at Road No.3, Banjara Hills, Hyderabad, Telangana. Therefore, the iearned counsel prays this Court to issue suitable directions to the respondents.

Learned Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 19OB

3

Section 71 of the Registration Act, | )OB reads as

foilows

Reasons for refusal to register to be recor: ed.-

(1) trvery Sub-Registrar refusing to regisrt r a documen t, except on the ground that the propt,r ly to w,hich it relates is not situated within his sr_ l -district shall make an order of refusal and recorcit d his reasons for such order in his Book No.2, arr 1 endorse the rvords "registration refused,, on the cl, cument: and, on application made by any persoll executing or claiming under the document, l rall, without pavment and unnecessary delay, give him a copy of tl-re reasons so recorded.

(2) No registering ofhcer shal accept for registration a document so endorsed unless and u r lil, under the provisions hereinafter contained, thr: document is directed to be registered.

7 . In vierv of the above submissions cou 1 led with the provision under Sectior, Zl of the Registration r:t, 1908, this Writ Petition is disposed of directing the Registc ing Authority to receive and process the document sought to be presented by the petitioner in respect of the subject prop r rties, subject to the petitioner complying with the provr rions of the

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Regrstration Act, 1908 as^{well as the IndianStamp Act, 1899} It rvill be open to the^{RegisteringAuthority to refusethe} document presented before him,^{if he has any objection, duly} asslgnrng reasons tn support of such decision^and commr.tnicate the said decision^{to the petitioner. It is made} clear that this Court has^{not expressed any opinion on merits} of the case as to the^{entitlemenL ol the petitioner to get the}

subject document^registered.

|, Miscellaneous petitions, if any, pending shall stand

closed. There shall be^{no order as to costs.}

SD/.C. DEEPIKA A SIS TANT^REGIST

//TRUE COPY//

SECTION OFFICER

To 'l . The Princip al Secretary, Stamps and Registration artment, Secretariat, Hyderabad, State^{of Telangana}

2 The District Reg^{iskar, R.O. BanjaraHills,HYderabad} 3 The Sub Regrstra r, Oio SRO,^Ba njaraHi lls,^Hyderabad 4 One CC to SRI N.SUNIL BABU, Advoca te [OPUC] Two CCs to GP^{FORSTAMPS AND REGISTRATION} ,^{High Court for the} State of Telanga na, at Hyderabad IOUI

1. Two CD CoPies

PSK

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442

t-

HIGH COURT

DATED:0310212026

ORDER

WP.No.2862 of 2026

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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