Property registration requires clear title; ongoing litigation prevents valid transfer of rights. Courts uphold registrars' refusals when ownership is contested.

ORDER :

1. This Writ Petition is filed questioning action of the respondent No.4 in refusing to register the three (3) sale deeds, presented by the petitioners, vide (i) refusal Order No.2, in letter No.123/2025 (ii) refusal Order No.3, in letter No.124/2025 and (iii) refusal Order No.4 in letter No.125/2025, all dated 16.06.2025 in the respect of the total property bearing plot Nos.693 and 694 in Sy.No.174, admeasuring to an extent of 420 Sq.Yards, situated at Sai Surya Enclave, Macha Bollaram, Alwal, Medchal-Malkajgiri District (herein after referred to as ‘subject property’) and sought a direction to the respondent No.4 to receive and register the documents presented by the petitioners in respect of the subject property.

2. Heard Sri B.S.Prasad, learned Senior Counsel appearing for M/s. Pearl Law Associates, learned Counsel for the petitioners and Mrs.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

3. The learned Senior Counsel for the petitioners would submit that the petitioner Nos.1 and 2 are the husband and wife and the petitioner No.3 is their vendor, from whom the petitioner Nos.1 and 2 purchased subject property for a valuable consideration of Rs.39,54,000/- on 15.05.2025 vide three separate documents and presented before the respondent No.4 and the same were refused to register through impugned refusal order Nos.2, 3 and 4 in letter Nos.123, 124 and 125 of 2025 dated 16.05.2025 respectively on the ground that Smt.Sushila S.Kamath i.e. the petitioner No.3 herein, had already sold the subject property to one Ch.Srinu through document No.845/2017 on the file of SRO, Balanagar. Subsequently the said Ch.Srinu sold the same to one K.Ram Gopal Reddy and Chilukuri Srinivas Babji, who in turn sold to one Sri P.Maladri vide document No.2648/2017 and 3083/2017. The second reason stated for rejection is that the subject property is under Court litigation and O.S.No.342/2018 on the file of Principal District and Sessions Judge, Medchal-Malkajgir District and also in the light of instructions issued by the Commissioner and Inspector General, Registration and Stamps vide Circular No.13450/2007 dated 21.07.2008.

4. The learned Senior Counsel for the petitioners would further submit that the petitioner No.3, who is the vendor of the petitioner Nos. 1 and 2, purchased the subject property through registered sale deed No.2316/1997 dated 05.08.1997 from Mogulla Kistamma and 7 others thorough their agent M/s Ravi Shankar Real Estates and has been in possession of the same and on purchase of the same the petitioners 1 and 2 are in possession and enjoyment of the said property. In the month of August, 2017 one P.Maladri along with his henchmen tried to trespass into subject property. On enquiry the petitioner No.3 found that multiple sale deeds were created on the subject property and in view of the same the petitioner No.3 filed a Criminal case against P.Maladri, Ch.Srinu, Ch.Srinivas Babji, K.Ram Gopal Reddy, Muthu Lakshmi, M.Meena and the said case was registered as FIR No.638 of 2017. Subsequently the police have filed charge sheet against the said persons by deleting the name of P.Maladri as his involvement in the alleged offence has not been established.

5. The learned Senior Counsel for the petitioners would further submit that the said P.Maladri filed a suit in O.S.No.427 of 2017 on the file of II-Additional Junior Civil Judge, Kushaiaguda, against the petitioner No.3 and others for perpetual injunction and the said suit was dismissed on 30.12.2024. The petitioner No.3 also filed O.S.No.342 of 2018 on the file of Principal District Judge,