IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Abdul Khader, S/o.Late Mr.Moosa Bhai @ Moosa (died) - Petitioner
Versus
The State of Telangana, Rep Through Its Principal Secretary, Stamps And Registration Department And Others - Respondents
W.P.No.34325 of 2023
Decided On : 19-06-2025
ORDER :
N.V. SHRAVAN KUMAR, J.
The Petitioner is aggrieved by the action of respondent No.4 in registering the sale deeds i.e., (1) C.S.No.2999 of 2021, P.No.224 of 2021, PN dated 27-12- 2021 registered as document No.609 of 2023 registered on 27.12.2021 (2) C.S.No.3000 of 2021, P.No.225 of 2021, PN dated 28-12-2021 registered as Document No.610 of 2023 on 27.12.2021, (3)C.S.No.3001 of 2021, P.No.226 of 2021, PN dated 28-12-2021 registered as document No.611 of 2023 on 27.12.2021 in respect of properties i.e., seven (7) Shops on Ground Floor bearing M.Nos.22-7-294/19, 22-7-294/20, 22-7-294/21, 22-7- 294/22, 22-7-294/23, 22-7-294/24, 22-7-294/25, three (3) shops on First Floor bearing M.Nos.22-7-294/26 and 22-7-294/27 and remaining first floor Residential portion bearing M.No.22-7-294/28 and entire Second floor residential bearing M.No.22-7-294/29 (On plot No.A, in old premises No.22-7-253 to 264, totally admeasuring 250 Sq. yards with total built up area of 6750 Sq. Feet, (i.e., 2250 Sq. Feet each floor), situated at Inside Diwan Devdi, Hyderabad, Telangana (hereinafter referred as ‘the subject properties’) during the subsistence of restraining/ prohibitory Orders passed in I.A.No.618 of 2019 in O.S.No.599 of 2019 on the file of XXVI Additional Chief Judge, City Civil Court, Hyderabad.
2. During pendency of the present Writ Petition, the 1st petitioner died and vide order dated 10.12.2014 the LR’s i.e., petitioner Nos.2 to 5 were brought on record.
3. Facts in brief as stated in the Writ Petition are as follows:
Petitioner submits that he acquired seven (7) Shops on Ground Floor, three (3) shops on First Floor and remaining first floor Residential portion and entire Second floor residential (the subject properties - on plot No.A, in old premises No.22-7-253 to 264, totally admeasuring 250 Sq. yards with total built up area of 6750 Sq. Feet, (i.e., 2250 Sq. Feet each floor), by way of Registered Gift Deed vide Document No.145 of 2008 dated 28-01-2008 registered at the office of Sub-Registrar, Charminar, Hyderabad.
4. Petitioners further case is that the said Gift Deed bearing Document No.145 of 2008 was cancelled unilaterally vide Cancellation of Gift Deed bearing document No.1775 of 2012, dated 12-12-2012 and Gift Deeds in favour of one Mr.Abdul Raheem and Ms.Zubeda Bai got executed vide Document Nos.1780 and 1781 of 2012 and 1013 of 2013 in respect of the subject properties. The petitioner filed W.P.No.12962 of 2014 and this Court by an order dated 24.04.2014 restrained the Respondents from alienating the properties. Thereafter the Petitioner filed a suit viz., O.S.No.599 of 2019 for declaration of title and consequentially holding the cancellation of Gift Settlement Deed dated 12.12.2012, registered as document No.1775 of 2012, and the gift settlement deeds dated 21.12.2012 and 30.03.2013, registered as document Nos.1780 of 2012, 1781 of 2012 and 1011 of 2013, as null and void, in-operative and not binding on petitioner / plaintiff and perpetual injunction not to interfere with the possession and to restrain the unofficial Respondents from alienating the property. The said suit is pending on the file of the XXVI Additional Chief Judge, City Civil Court, Hyderabad. In the said suit, petitioner filed I.A.No.618 of 2019 in O.S.No.599 of 2019 for grant of interim injunction and the trial Court granted status quo orders restraining the respondents from alienating/ transferring/ creating charge in respect of the subject properties until further orders on 16.11.2021.
5. It is further submitted that a copy of the order dated 24.04.2014 passed in W.P.No.12962 of 2014 was served to the Respondent No.3. Accordingly, aforementioned property was included in the prohibition properties list and the orders of this Court were subsisting until 08-12-2022. Thereafter the said Writ Petition was closed directing the Petitioner to seek the appropriate relief in the pending comprehensive Suit i.e., OS.No.599 of 2019.
6. It is further submitted that the re
Ajay Singh v. Khacheru And Ors.
Satyabrata Biswas v. Kalyan Kumar Kisku
Balwantbhai Somabhai Bhandari v. Hiralal Somabhai Contractor
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
A vendor cannot unilaterally cancel a registered sale deed as it conflicts with property law principles; disputes must be resolved in civil court.
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.