Madras High CourtWP/12410/2020disposed of

A.Haja v. The Sub - Registrar

2020-09-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.1 2410/2020 A.Haja ..Petitioner

Versus

The Sub Registrar Velachery SRO, Velachery, Chennai 600 042.

..Respondent Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to entertain and accept the release deed dated 02.03.2020 and register the same and after completing the formalities and release the same to the petitioner herein pertaining to premises bearing No.48/85, MKN Road, Guindy, Chennai 600 032.

For Petitioner :

Mr.T.Ramachandran For Respondent :

Mr.T.M.Pappiah Special Government Pleader

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondent to accept the Release Deed that was submitted for registration and to register the same and release the document to the petitioner.

(2)The case of the petitioner is that the subject property was originally owned by the mother of the petitioner. She died on 14.11.2015, leaving behind her husband, petitioner and other daughters and sons. The other legal heirs wanted to release their share in the subject property in favour of the petitioner and a Release Deed was executed on 02.03.2020. When this document was presented for registration, it was not entertained by the respondent and aggrieved by the same, the present writ petition has been filed before this Court.

(3)Heard Mr.A.Haja, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader accepting notice on behalf of the respondent.

https://hcservices.ecourts.gov.in/hcservices/

(4)Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner is in possession of all the title documents, the respondent is directed to receive the Release Deed dated 02.03.2020 and register the same by taking into consideration the original title documents, if it is otherwise in order. It goes without saying that necessary stamp duty and registration fees shall be paid by the petitioner at the time of registration. The document shall, thereafter be released to the petitioner.

(5)This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The Sub Registrar Velachery SRO, Velachery, Chennai-600042 WP.No.12410/2020 kk(co) rv(30/9/2020) https://hcservices.ecourts.gov.in/hcservices/