THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31956 of 2024

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 and 2.

2. This writ petition is filed seeking the following prayer:

“to direct the Respondent No.2 to remove the Total Property Plot Bearing No.61 in survey No.44/1, admeasuring 150 Square Yards Situated at Miyapur Village, Serlingampally Mandal, Ranga Reddy District, Telangana from the prohibition list and execute the sale deed in accordance with law.”

3. Learned counsel for the petitioner submits that petitioner’s husband had purchased the House bearing No.61 in Survey No.44/1, admeasuring 150 Square Yards, situated at Miyapur Village, Serlingampally Mandal, Ranga Reddy District, Telangana, vide registered sale deed No.12562/1989, dated 25.10.1989, SRO, Joint Registrar-II, Ranga Reddy East and registered ratification deed No.1710/2005, dated 11.02.2005, District Registrar, Ranga Reddy District. Subsequently, after the petitioner’s husband died on 07.10.2016 and the petitioner being the wife of deceased had become the legal heir of the subject property.

4. Learned counsel for the petitioner further submits that respondent No.3 without having any legal right or ownership on the subject property has filed suit OS No.93 of 2018 seeking for perpetual injunction before V Additional Junior Civil Judge, Kukatpally and the Court granted ad- interim injunction, vide IA No.401 of 2019 in OS No.93 of 2019, dated 01.03.2019, however the main suit i.e., OS No.93 of 2018 was dismissed for default on 13.03.2024.

5. Learned counsel for the petitioner further submits that petitioner with an intention to sell the subject property, executed a sale deed and approached the registering authority for registration of subject land, however, registering authority refused to receive and process the subject documents. Aggrieved by the same, this writ petition is filed.

6. Upon perusal of the material on record, it is noticed that the petitioner had not filed the legal heir certificate/succession certificate, upon questioning the same, learned counsel for the petitioner submits that petitioner has filed Family Member Certificate and fairly submit that the petitioner has not obtained legal heir certificate till date.

7. In view of the above submissions and the fact that petitioner is not having Legal Heir Certificate/Succession Certificate to alienate the subject property and in the Family Member Certificate it is clearly stated that “Family member certificate shall not apply to court transaction for land dispute and the family member certificate is only for pensionary benefit due from the government”, therefore, the petitioner cannot claim right or alienate the subject property basing on the Family Member Certificate.

8. Accordingly, with the above observation, this writ petition is dismissed. However, liberty is granted to the petitioner to seek appropriate remedy as available under law.

Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 14.11.2024.

SHA