AI Structured Summary
Not yet generated for this judgment
Judgment
With the consent of both parties, this Writ Petition is taken up for disposal at the admission stage.
Heard Ms. Thakur Roopa Singh, learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
Aggrieved by the action of respondent Nos.2 to 4 in refusing to receive and register the Sale Deed in respect of Flat No.301 (East Face), in third floor, building name as 'Sri Srinvasam' on Plot No.1078 in Survey No.145, situated at Bhagat Singh Nagar, Hydernagar Village, Kukatpaliy Mandal, Medchal-Malkajgiri District, the petitioners filed the present Writ Petition.
Learned Assistant Government Pleader submits that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.
Section 71 of the Registration Act, 1908 reads as follows:
Reasons for refusal to register to be recorded.—
1.(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
2.(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
In view of the above submissions coupled with the provision under Section 71 of the Registration Act, 1908, this Writ Petition is disposed of directing the Registering Authority to process the documents sought to be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Registration Act, 1908, as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse registration of the documents presented before him, if he has any objection, and he shall assign reasons in support of such decision and shall also communicate the same to the petitioners. It is made clear that this Court has not expressed any opinion on the merits of the case as to the entitlement of the petitioners to get the subject documents registered.
Miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs.