A transfer of property rights requires existing ownership; rights can only be transferred if the transferor possesses legal title to the property.

ORDER :

N.V. SHRAVAN KUMAR, J.

1. This writ petition has been filed seeking writ of mandamus declaring the action of the respondent No.2 in not receiving, registering and releasing the gift deed presented by the petitioner in respect of H.No.43-296/99/1A (Old), 43-349/14 (New), PTI No.1171004909, in Survey No.409 on Eastern side admeasuring 100 square yards out of 190 square yards, situated at RTC Colony, Moula- ali, Hanuman Nagar, Krishna Nagar Colony, Medchal Malkajgiri District (hereinafter referred to ‘the subject property’) as illegal and arbitrary and consequently to direct the respondent No.2 to receive, process, register and release the gift deed/any other deeds presented in respect of the subject property, without insisting No Objection Certificate (NOC) from the respondent No.3.

2. It is the case of the petitioner that he is the absolute owner and possessor of the subject property having acquired the same in the year 2008 and since then he is in possession and enjoyment of the same. With an intention to gift the part of subject property to his son, petitioner along with his son approached the respondent No.2 for registration of gift deed in favour of his son but the respondent No.2 declined registration and informed that certain survey numbers within the limits of SRO Malkajgiri belongs to respondent No.3, Telangana State Wakf Board. Questioning the same, petitioner filed the present writ petition.

3. The learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of the subject property since 2008 and now the petitioner is intending to gift part of subject property in favour of his son but the respondent No.2 is not accepting the document for registration and insisting for NOC from the respondent No.3. He would further submit that the petitioner is paying all the requisite taxes like Electricity bill and Municipal taxes to the concerned. He placed reliance on the interim order dated 30.08.2022 passed in I.A. No.1 of 2022 in W.P. No.34187 of 2022 and sought to pass similar order.

4. On the other hand, the learned Government Pleader for Stamps and Registration would submit that the petitioner has not submitted any supporting evidence along with the subject document and as per Section 21(1) of the REGISTRATION ACT , no testamentary document relating to immovable property shall be accepted for registration unless it contains description of such property sufficient to identify the same. It is further submitted that the petitioner is claiming his title over the subject property based on the unregistered/notarized agreement of sale, which is not acceptable for further conveyance through gift registered deed. The learned Government Pleader while placing reliance in the case of Prahlad Pradhan and others Vs. Sonu Kumhar and others , (2019) 10 SCC 259 would submit that in similar circumstances this Court had dismissed the W.P. No.11036 of 2024 and sought to dismiss the present writ petition.

5. Heard the learned counsel on either side and perused the material made available on the record.

6. Having gone through the case referred to hereinabove supra wherein the Hon’ble Apex Court placed reliance in the case of Eureka Builders v. Gulabchand , (2018) 8 SCC 67 , relevant portion is extracted hereunder:

7. Since Mangal Kumhar did not have an exclusive right, title or interest in the suit property, his widow Etwari Kumharin was not legally competent to sell the suit property to the appellants, purporting to be the sole owner of the property. Reliance is placed on Eureka Builders v. Gulabchand wherein this Court held :

“35. It is a settled principle of law that a person can only transfer to other person a right, title or interest in any