IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Guru Pradhan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks registration of sale deed. (Para 1) |
| 2. sub-registrar must receive deeds presented. (Para 3 , 4) |
| 3. legal precedent supports sub-registrar's duty. (Para 5) |
| 4. co-sharers can alienate shares without consent. (Para 6) |
| 5. writ petition disposed; directions to sub-registrar. (Para 7 , 8) |
Judgment :
This writ petition has been filed by the petitioner under Articles 226 and 227 of the Constitution of India, 1950 praying for directing the Sub-Registrar, Lakhanpur (Opposite Party No.3) in the district of Jharsuguda to accept the deed for sale of the petitioner for registration, because, the Sub-Registrar, Lakhanpur (Opposite Party No.3) orally refused to receive the deed for sale of the petitioner stating that, the petitioner is wanting to sell his joint and undivided properties without the consent and signatures of his co-sharers, for which, he(Opposite Party No.3) will not receive that deed for sale of the petitioner.
3. The law is very much clear that, Sub-Registrars cannot orally refuse to receive any deed for sale, when the same is presented for registration. The Sub-Registrars including Opposite Party No.3 are bound to receive the deed presented for regist
Co-sharers have an inherent right to alienate their undivided shares in joint property without needing consent from other co-sharers, and Sub-Registrars must accept deeds presented for registration.
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