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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Bapi Mishra – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. refusal to register sale due to co-owner's consent (Para 1) |
| 2. co-owner's right to alienate undivided share (Para 2 , 3 , 4) |
| 3. order quashed; registration directed (Para 5 , 6) |
| 4. writ petition disposed of; previous deed invalidated (Para 7 , 8) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Section 226 & 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing the Order dated 01.03.2025 (Annexure-1) passed by the Sub- Registrar, Athagarh (Opposite Party No.2) refusing to register the sale deed presented by the petitioners for registration on the ground that, they (petitioners) are trying to alienate their joint and undivided properties from Plot No.381 under Khata No.133 in Mouza-Mahidharpur of Athagarh Tahasil in the district of Cuttack without the consent of their other co-owners indicating specific boundaries of the proposed land to be sold annexing sketch map assigning the reasons that, the petitioners are the co-owners of plot No.381 along with others, for which, transfer of their undivided interest in Plot No.381 without the consent of their other co-owners is not permissible under law.
2. Heard from the learned counsel
Co-owners may alienate their undivided property interests without others' consent unless restricted by valid statutory law, not by executive instructions.
A co-owner has the inherent right to alienate undivided shares in joint property, consistent with statutory provisions, even in the face of conflicting executive instructions.
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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