1. Smt. Sandela Ajitha v. 1. State of Telangana

Counsel for the petitioners: SRI K.DURGA PRASAD Counsel for the Respondents: SMT S.SRAVANTHI. The Court made the following: ORDER AGp FoR srAMps it RecrsrRerroru SI(, J W.l'. No 2J093 ol 202o THE HON'BLE SRT JUSTICE K.SARATH WRIT PETITTON No.23O93 of 2o25 ORDER: This writ petition is filed qucstioning the refusal order No.2l2025 date<i 16.O7.2025 ln respect of pend.ing Document No.122 12025 as illegal and arbitrary and to direct the rcspondent No.2 to register and release the leasc dccd datcd lO.O4-2A25 prescnted by the petitioncrs.

2. Hearcl Sri K, l)u rgz,r i)ratsad, le:u-ned counsel for the pctilioncrs and Smt S. Sravanthi, lcarncri Assistant Govc'rrrment l)lcadcr for SApps and Regist ratio n .

3. Learncd Counsel for thc pctitioncrs submits that the petitioner Nos.2 and 3 arc minors being representod by their rnothcr as natural gtrardizur B. Radhika. The pctitioner Nos.2 ancl 3 ale absolute owne rs and posscssors of thc iand aclmcasuring 1400 2 SK..J W P.No.23093 of 2025 - sq. yafds 1n Sy.No.74 situated at Nizamabad Village and Mandal, Nizamabad District and they have executed a lease deed on 1O.O4.2O25 in lavour of petitioner No.1 and when the said lease deed was presented before the respondent No.2 for registration, the same was refused by the respondent No.2 by the impugned order dated 16.07.2025 for the reason that the petitioner Nos.2 and 3 being minors under the guardianship of their mother have executed lease deecl dated 10.04.'2025 ln favour of the petitioner No.1 and as per the Circular Memo No.G1/9916 l2ol3 dated 02.07.2013 issued by the Comrnissioner and Inspector Genera,l (Registration and 'stamps) Telangana, the properties owned by the minors are prohibited lrom transfer except with previous permission of the Court under Section 8(2) of the Hindu Minority Act, 1956. In fact, the petitioner Nos.2 and 3 have executed the proposed lease deed lor the land admeasuring 1400.00 sq. yards or 1i7O.54 sq. 3 SK, J w P.No.23093 of 2025 meters in Sy.No.74 situated at Nizamabad Shivar Mandal and District for a period of 11 months on rent basis and the Circular instructions mentioned by the registering authority are not apply to the instant case'

4. Learned Counsel for the petitioners further submits that in similar circumstances this Court has disposed of W.P.No.3 4460 of 2024 on 17 '12'2024 and categorically recorded the submissions of the learned Government Pleader for Stamps and Registration in para No.5 of the order, which is extracted as under; "5. Irarned Government Pleader for Stamps and Registration placed instruction of respondent No 2' which reads as: "It is submitted that a writ petition has been fited by Smt anS I p lease Ajitha W/o Lingam Sandela R/o Nizamabad' stating that deecl is presented before the Sub Registrar on 08 O5'2O24 and the SRo has been informed orally that the propeity is a minors property andunlessthereiSanorderfromthecompetentCourt,SubRegistrar will not Receive and register the lease deed' ln view of the above, it is submitted that according to Cir.Memo.No,Gl lgg16l2013 dated 03-08-2013 of the Commissioncr and Inspector General of Registration and Stamps A'P Hyderabad' TheNaturalguardiansha]lnotwithoutthepreviouspermissionof the court lease any part of such property for a term exceeding ltve years or for a term extending more then one year beyond the date on which the minor will attain majority' F 4 sI{ .r W. P. No.2Jo93 of 20i5 It is hurnblv submitted tha petitioner berore rhe ";. ..J;",1"1,,."t::il.::,,r:::::::""rJ J; Processed as per the provisior rs of the Registration Act 19Og.,, Learned Counsel further submits that in vrew of the above submissions, it clearly shows that lease of any part of the Propert5r for a term exceeding five years or for a term extending more tharr one year beyond the date on which the minor will attain malority, permtssion of the Civil Court is necessary, l_-ut in the rnstant case, the petitioners want to execute lease deed for a period of 11 months and in view of the same, he has requested to a_llow the writ petition by setting aside the impugned order. 5. Learned Assistant Government pleader for Stamps and Registration tairly conceded that as per the Circuiar Memo No.G1l9916 /2013 if the parties walt to enter ieaSe agreement for the property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will i l t I I I I i i I i -/ 5 SK..] W.P-No 23Oq3 ol2025 attain majoritY, the Permrssron of the comPetent Court 15 necessary 6. After hearing both sides and perusal of the record, this Court is of the considered view that the impugned refusal order was passed by the respondent No.2 on the ground of violation of Circular Memo No.G1/99 16 l2ol3 issued by the Commissioner and Inspector General (Registration and Stamps) Telangana, Hyderabad, stating that the properties owned by the minors are prohibited from transfer except with previous permission of the Court under Section 8(2) of the Hindu Minority Act' 1956. The instant case is not within the purview of the said Circular as per the submission of the learned Government Pleader in para No'5 of the order in W.P.No.3446O of 2024 dated L7 '12'2024 as the proposed lease deed was executed by the petitioner Nos.2 and 3 is for a period' of eleven (11) months' t r 6 SK, J W. P.No.23093 oI2025

7. In view of the above circumstances, the Writ Petition is disposed of by setting aside the impugncd refusal order No.2/2o2s caterf 16.0'r.2o2s issued by the respondent No.2 ancl the respondent No.2 is directeci to receive and register the pending clccument No.122/2O25 arrd release the sarne if otherwise in orCer ',rr.ithin four (4) weeks from the date of receipt of a copy ol'this order.. No order: as to costs.

8. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. SD/.A. JAYASREE IS TANT REGISTRAR SECTION OFFICER d Stamps) Department To, //TRUE COPY//

1. The Principal Secretan secretaiiailn*yo#tlEl/St53:?lii:"[[:fl :'"','".

2. The Joint Sub Registrar, Nizamabad Urban, Nizamabad District 3. One CC to SRI K.DURGA PRASAD, Advocate IOPUCI 4. Twb CCs ro Gp FOR STA[\/PS q REG|STRAT|ON, High Court for the State 5. Two CD Copies of Telangana at Hyderabad [OUT] --'" ' ' v '|'! 'v'|1 BSR BS M, HIGH COURT DATED: ,,1410812025 z-,. t'r,,--.1 ,-, . \\ 17 SEP psp !i 7- * D^-- *'. .t, ,,r;)' .--,. ORDER WP.No.23093 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q 1A *