Shri Sunder Singh & ANR. v. Govt. Of N.C.T. Of Delhi, Through Divisional Commissioner & ANR.

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9953/2025 SHRI SUNDER SINGH & ANR.

.....Petitioners Through:

Mr. N. S. Dalal, Ms. Nidhi Dalal, Mr.

Alok Kumar, Ms. Rachana Dalal and Mr. Karan Mann, Advocates.

versus GOVT. OF N.C.T. OF DELHI, THROUGH DIVISIONAL COMMISSIONER & ANR.

.....Respondents Through:

Mr.

Shubham, Advocate and Mr. Abhinav Sharma, Advocates.

Ms. Parveena Gautam, Adv. for MOEF (through VC)

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 16.09.2025 CM APPL.56338/2025 (for early hearing) 1.

This is an application seeking early hearing. 2.

Considering the averments made in the application, the same is allowed; W.P.(C) 9953/2025 is taken up for hearing and disposal today itself.

3.

The application stands disposed of.

W.P.(C) 9953/2025 4.

The present petition has been filed by the petitioners seeking a direction to the respondents/ concerned Sub-Registrar-V, South East Zone, Mehrauli, New Delhi to release the original registered gift deed executed by petitioner no.1 in favour of petitioner no.2. 5.

It is submitted that the said gift deed was executed by petitioner no.1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

in favour of his son i.e. the petitioner no.2, and was duly registered on 27.11.2024 under Serial No. 2024/10/11213,along with Covering Stamp Duty No.451617.A copy of the receipt issued by respondent no.2/ SubRegistrar, acknowledging registration, has been placed on record. 6.

It is submitted that along with the petitioners, the attesting witnesses to the gift deed also appeared before the office of the Sub-Registrar at the time of registration. It is the case of the petitioners that once a document has been registered, the Sub-Registrar has no right to retain the original instrument. However, despite completion of registration formalities, the original gift deed has not been released.

7.

Learned counsel for the respondents submits, on instructions, that the delay in releasing the document is attributable to the Sub-Registrar's decision to seek a status report regarding Khasra No. 258/2 (74-1) of Village Tehkhand, for the purpose of ascertaining whether the area in question has been urbanized.

8.

It has been brought out in the petition that the concerned village has already been urbanized pursuant to a valid notification issued under Section 507 of the Delhi Municipal Corporation Act. It is submitted that the petitioners have also duly submitted the status report issued by the office of the Tehsildar, which shows that the land in question is classified as abadi deh land and that the village Tehkhand has been urbanized. It is submitted that the same has been reflected in the various khatonis, already submitted to the respondent no.2.

9.

In the circumstances, this Court is of the prima facie view that there is merit in the contention of the petitioners that the verification of the status of the land need not hold up the registration formalities in respect of the gift The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

deed.

10.

In the aforesaid circumstances, the present petition is disposed of with a direction to the petitioners (and all parties to the gift deed) to appear before the concerned Sub-Registrar on 06.10.2025 at 11:00 AM. 11.

In the meantime, the respondent no.2 is directed to complete the necessary verification formalities that may be required; the necessary formalities for registration of the gift deed, and handing over the copy of the registered gift deed, shall be expedited.

12.

The petition is disposed of in the above terms. 13.

The date already fixed i.e., 13.11.2025 stands cancelled.

SACHIN DATTA, J SEPTEMBER 16, 2025/r The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.