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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.Madhavi Devi
Polagani Saidamma – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. gift conditions unmet (Para 2 , 3) |
| 2. government's legal obligations (Para 4 , 10) |
| 3. judicial precedents governing gift returns (Para 5 , 6 , 7 , 8 , 9) |
| 4. court affirms conditional gift reversion (Para 11) |
| 5. final conclusion on writ petition (Para 12) |
ORDER :
T. Madhavi Devi, J.
In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the impugned refusal notice issued by the 3rd respondent vide Sub-Registrar Kodad File No.278/2015 dt.02.03.2016 refusing to register the document of the petitioners dt.30.11.2015 as illegal, arbitrary and unconstitutional and consequently to direct the respondents to receive and register the same in accordance with the provisions of the Registration Act and to pass such other order or orders.
2. Brief facts leading to the filing the present Writ Petition are that the petitioners have donated an extent of 800 square yards equivalent to 668.90 square metres of land situated in Survey No.365/E vide Khasra 824 (Minjumile) of Kudakuda Village and Gram Panchayat, Chivvemla Mandal, Nalgonda District within the jurisdiction of the Sub-Registrar, Suryapet vide registered gift deed bearing Document No.1770/1992 dt.03.04.199
Conditional gifts must revert to donors if the specified purpose is not fulfilled, emphasizing government accountability.
Point of Law : Procedure prescribed under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under Registration Act, 1908 is applicable to deed of conveyance.
A unilateral cancellation of a registered gift deed without the donee's consent is void ab initio, reaffirming that rights pass to the donee upon valid execution of the gift.
The court affirmed a gift deed's validity even when its intended use was not fulfilled, highlighting the binding nature of charitable gifts.
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