IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P.No.915 of 2022

Sulaiman

...Petitioner

-Vs-

1. The Sub Registrar,

Sub Registrar Office,

Purasasiwalkam, Chennai.

2. The Inspector General of Registration,

Santhome High Road,

Chennai - 600 028.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the

Constitution of India praying for the issuance of a Writ of

Certiorarified Mandamus, calling for the records relating to the

impugned order "Refusal Check Slip", dated 05.01.2022 in

Ref.No.RFL/Purasaiwalkam/1/2022 passed by the first respondent

relating to the General Power of Attorney in respect of the

property bearing Door No.4 and 5, Erukkanchery High Road,

Vyasarpadi, Chennai - 600 039, comprised in R.S.No.537/1, as per

patta 537/8 and 537/9 Block No.27 of Perambur Village, Perambur

Taluk, measuring 302 sq.ft., executed by Rahimunisha Begum by

quashing the same and further directing the first respondent to

receive the General Power of Attorney dated 05.01.2022 and

register the same in accordance with law.

For Petitioner : Mr.R.Manickavel

For Respondents: Mr.Yogesh Kannadasan

Special Government Pleader

ORDER

This Writ Petition has been filed for the issuance of Writ

of Certiorarified Mandamus, calling for the records relating to

the impugned order "Refusal Check Slip", dated 05.01.2022 in

Ref.No.RFL/Purasaiwalkam/1/2022 passed by the first respondent

relating to the General Power of Attorney in respect of the

property bearing Door No.4 and 5, Erukkanchery High Road,

Vyasarpadi, Chennai - 600 039, comprised in R.S.No.537/1, as per

https://hcservices.ecourts.gov.in/hcservices/

patta 537/8 and 537/9 Block No.27 of Perambur Village, Perambur

Taluk, measuring 302 sq.ft., executed by Rahimunisha Begum by

quashing the same and further directing the first respondent to

receive the General Power of Attorney dated 05.01.2022 and

register the same in accordance with law.

2.Heard Mr.R.Manickavel, learned counsel appearing for the

petitioner and Mr.Yogesh Kannadasan, learned Special Government

Pleader appearing for the respondents.

3.The property comprised in R.S.No.537/1, situated at Block

No.27 of Perambur Village, Perambur Taluk, ad-measuring 604

sq.ft, bearing Door No.4 and 5, Erukkanchery High Road,

Vyasarpadi, Chennai - 600 039, belong to one Rahimunisha Begum

and her late husband Ghoush Basha. They purchased the said

property by the registered sale deed, dated 06.02.2009

registered vide Document No.393 of 2009. The said Ghoush Basha

gifted his half share by way of Hiba in favour of his wife

Rahimunisha Begum and by the Hiba deed, dated 13.04.2016. Thus,

the said Rahimunisha Begum became the absolute owner of the

entire property.

4.Thereafter, the said Rahimunisha Begum executed a Power

of Attorney in favour of the petitioner to deal with the

property, dated 23.09.2002. The said Power of Attorney has been

presented for registration on 05.01.2022 before the first

respondent. However, the first respondent refused to register

the same by the impugned check slip, dated 05.01.2022 for the

reason that as per the Gift deed executed through Hiba is

unregistered one. It is a settled law that the provisions of

the Transfer of Property Act under Section 122 to 129 of Chapter

VII shall not be applicable to Muhammadan Law. The provisions

under Section 123 makes it clear that a deed of gift executed by

a donor in favour of donnee shall be compulsorily registered,

but Section 123 shall not apply if the parties to the

transaction of a gift are Muslims.

5.In this regard, the learned counsel for the petitioner

relied upon the Judgment of Hon'ble Supreme Court of India

reported in 2001 (5) SCC 654 in the case of "Hafeeza Bib