A valid Hiba executed prior to a sale deed necessitates registration despite earlier refusal due to unregistered status.

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.19073 of 2025 Malathi ... Petitioner Vs.

The Sub Registrar, Registration Department, Paramakudi Sub Registrar Office, Paramakudi, Ramanathapuram District.

...Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned Refusal Check Slip in Refusal Number RFL/Paramakudi/52/2025 dated 08.07.2025 issued by the respondent and to quash the same as illegal, consequently, to direct the respondent to register the sale deed, dated 08.07.2025, presented by the petitioner along with his vendors.

For Petitioner :Mr.A.Abdul Kabur For Respondent :Mr.S.Saji Bino Special Government Pleader *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the records relating to the impugned refusal check slip, dated 08.07.2025, issued by the respondent and consequently, to direct the respondent to register the sale deed dated 08.07.2025 presented by the petitioner along with his vendors.

2.Through the impugned order, the respondent has refused to register stating that there is an unregistered Hiba. Originally, the property belongs to Kathija Beevi, who had executed the unregistered Hiba in the name of Naina Mohamed, who is son of Kathija Beevi. After the demise of Naina Mohamed, his legal heirs have inherited the property. Subsequently, the legal heirs sold the property to the present petitioner Malathi. Now the petitioner Malathi intends to purchase the same.

3.It is seen from the document that the Hiba was effected on

10/01/2024, subsequently, it reduced into writing on 15/11/2024 in 20 rupees stamp paper. Therefore, the said Hiba is valid. Since the Hiba is valid, the impugned order stating the reason that the Hiba is not registered cannot be entertained. Hence, the impugned order is set aside and the respondent is directed to register the sale deed within your period of 4 weeks from the date of receipt of a copy of this order.

4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.