The High Court · 2025

PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petition' the High Court may be pleased to suspend the rmpugned Refusar order dt. 19.10.2024 issued vide Letter No 429/2024 by the Respondent No.3 pending disposar of the presenl writ petition. IANO:2OF 2025 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of lhe petition, the High Court may be pleased to direct the 3rd Respondent herein to forthwith register ano rerease the Gift Deed Document No. p.130/2024 pending disposar of the present writ petition. Counsel for the petitioner: SRI SAI SUMED YASASW KONDAPALLT Counsel forthe Respondents: AGp FOR STAMpS & REGISTRATION The Court made the following: ORDER I I a.,/ THE HON,BLE SRI JUSTICE K'SARATH WRIT PETITION No.1 8L47 of 2025 oRDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the entire materia-l on record With their consent, this writ petition is disposed of at the stage of admission Learned counsel for the petitioner submits that 2. the issue involved in this writ petition is squarely covered by the order passed by this Court in W'P'No'16310 of 20 19 and batch dated lL'Ol'2O23 and also the recent Judgment of the Hon'lcle Supreme Court in K' Gopi Vs' The Sub-Registrarr and requested to pass similar order in this writ Petition. Learned Assistant Government Pleader for 3 Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner. He submits that the petitioner has not . 2fuzs scc orl-ine sc 74O ) -_r SN.J W.p.No.IB14Z ol 2O2S submitted the document before the respondents and if they submit the document, they have to consider the subject to compliance of the provisions of the SAITIC Registration Act, 190g and the Indian Stamp Act, 1899 The relevant portion of 4 in W.P.No. I 6310 of 2Ol9 and batch dated 1 1.O1.2023 as under: the order 1S

13. The power of the registering authority to refuse registration is only, if any of the grounds or objections that are enumerated under the provisions of the Registration Act, 190g, and the Rules made thereunder in particular Sections 19, 20,21,22_A, ..)4, 35 and rule 58 of the Telangana Rules under the Registration Act, l9og, are existing in respect of any such document presented for the registration. Except, the grounds or objections that are enumerated under the provisions of the Registration Act, 190g, the regtstering authorities have no authority to refuse registration of a document on any other grouncl. As already noted above, the ground on which thc impugned relusal orders in all these batch of Writ petitions are passed is that the link document shown in the respective documents is a validated and an unregistered document. By looking into a validit_v of the link document, the registering authority is indirectly verifying \a,hether the executants of the respective documents are having valid title or not to execute the documents in question. As held in the above referred judgment in the case of Dr. yadra Ramesh Naidu (l supra), the registering authority is not enti ed to go into the title of the parties to the document. It is a settled law that the vendee under a document will not get a better title than his vendor and in case if vendor is not having a valid title over the property which is the subject matter of a particular document, the vendee under the sard document does not get any title over such propertl,r and mere "\ \ l I l I sI(,J W.P.No.1a747 oJ 2O25 registration of such document will not have an effect on the property which is the subject matter of the said document 14- As rightly conceded by the learned Government Pleader for Stamps and Registration, the registering authorities are not entitled to refuse registration oI a document on mere ground that the title of the executants of the respective document is based upon the vatidated document, though the same is compulsorily registerable documentcannotbeacceptedandSuchagroundiSnotavailableto the registering authorities that ground to refuse registration of a document on

19. In the light of the above, this Court is unhesitant to hold that the respondent registering authorities are not entitted to refuse registration of a document on the ground that the link document referred to in the respective document is a validated document or to refuseregistrationofsuchd.ocumentbyplacingrelianceon endorsement,dated020l2O08,issuedbytheCommissionerand lnspector General of Stamps and Registration Accordingly' the impugned orders in the respective Writ Petitions are set aside and Writ Petitions are allowed with a further direction to the respondent registering authorities to receive the returned documents and to process the same subject to the condition of the said documents compLying with the provisions of the Registration Act' 1908 and the Indian StamP Act, 1899 ' 5 In K. Gopi's case (supra 1), the Hon'ble Supreme Court held as under: "The registering o{Iicer is not concerned with the title held by the executant. He has no adjudicatory power to decide whether the cxecutant has any title Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title' the registering ofarcer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as rvell as registration charges/fee are paid- We may note here that under the scheme of the 19O8 Act' it is not the function of the Sub- Registrar or Registering Authority to ascertain whether the vendor I 4 w.n.u".tstaz q zs[i! has title r:o the property rvhich he is seeking to transfer. Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliarces as narrated above, the docurnent must be registered. The execution and registration of a document have the eflect of transferring only those rights, 1l any, that the cxecutant possesses. If the executant has no riElht, ti e, or interest in the property, the registered document cannot elfect anv tran sfer.

6. In view of the order passed in W.p.No. 163 10 of 2079 and batch dated ll.OI.2O23 and also the Judgment of the Honble Supreme Court in K. Gopi,s case (supra 1) and for the reasons mentioned therein, the Writ petition is disposed of directing the respondent authorities to receive and register the sa_le deed presented by the petitioner in respect of the subject plots without reference to the impugned Refusa-t Order bearing Letter No.429/2024, dated LT.IO.2O24 issued by the respondent No.3 with respect to the intimation of refusal of the pending Document No.p. 130/2O24 and subject to condition of the said document complying with the provisions of the Registration Act, 19Og ald the Indian Stamp Act, 1899. There shall be no order as to costs. 5 Miscellaneous Petitions' 7 rvrit petition, shall stand closed' SK,J W.P.No.1a747 oJ 2O25 if anY Pending in thrs SD/. B. RE KHA RANI ISTANT REGISTRAR \ To, /ITRUE COPYI/ SECTTON OFFICER at, Hyderabad, State 1 The Principal Secretary' Revenue Department' of Telangana 2. The District Registrar' Rangareddy District' Telangana 3. The Sub-Registrar' Hayathnagar' Rangareddy District' Telangana 4. one cc to sRl sAl 'u*'ffiotwr , Ilf"p,ft,':f,?m:,:mts:rt roNonpnt-Ll' Advocate [oPUCj REGrsrRArroN' Hish court ror the state Two CD CoPies

6. BSR BM HIGH COURT DATED:27 tO6tZO2S I +-. 1H't .S; i .(., g(i ,/, v I ) t 21 IUB 2E r a + oe. ORDER WP.No.1814t of Zg2S DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (n- ? h,r