Vijaya v. The Inspector General Of Registration,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Vijaya

...Petitioner

Vs.

1. The Inspector General of Registration, Santhome, Chennai.

2. The District Registrar ( Administration), District Registration Office, Krishnagiri.

3. The Sub Registrar, Bargur.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 3rd respondent to register the gift deed dated 18.07.2022 and pass orders.

For Petitioner : Mr.G. Babu For Respondents : Mr.C. Kathirivan Special Government Pleader 1/5

O R D E R

The petitioner has filed this writ petition to issue a Writ of Mandamus directing the 3rd respondent to register the gift deed dated 18.07.2022 .

2. The learned Special Government Pleader takes notice for the official respondents. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner presented a document on 18.07.2022 for executing a gift Deed in favour of his son before the third respondent. However, the said document was refused to be registered by the third respondent on the ground that there were some encumbrance in the subject property as the said property was attached in I.A.No.200/2003 in O.S.No.81/2003. Hence the said deed executed by the petitioner cannot be registered. The grievance of the petitioner is that the subject property is not binding with I.A.No.200/2003 in O.S.No.81/2003 and the petitioner's title is confirmed in O.S.No.59 of 2003 dated 2/5

30.12.2003 on the file of the District Munsif, Krishnagiri. This petition is filed seeking a direction to the 3rd respondent to register the gift deed executed by the petitioner on 18.07.2022.

4. The learned counsel appearing for the petitioner submitted that the it would suffice, if this Court issues direction to the third respondent herein to register the gift deed executed by the petitioner on 18.07.2022 and pass appropriate orders.

5. The learned Special Government Pleader appearing for the respondents submitted that the document presented by the petitioner will be entertained and appropriate orders will be passed, if it is otherwise in order.

6. Recording the submission made by the learned Special Government Pleader, this Court directs the third respondent to entertain the document presented by the petitioner, if it is otherwise in order and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, and the petitioner is directed to pay requisite Stamp Duty and Registration Charges.

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7. With the above observations and directions, this Writ Petition is disposed of. No costs.

27.09.2022 Speaking Order : Yes/ No Index : Yes/ No smn To

1. The Inspector General of Registration, Santhome, Chennai.

2. The District Registrar ( Administration), District Registration Office, Krishnagiri.

3. The Sub Registrar, Bargur.

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M.DHANDAPANI,J.

smn 27.09.2022 5/5