THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.23093 of 2025

ORDER:

This writ petition is filed questioning the refusal order No.2/2025 dated 16.07.2025 in respect of pending Document No.122/2025 as illegal and arbitrary and to direct the respondent No.2 to register and release the lease deed dated 10.04.2025 presented by the petitioners.

2. Heard Sri K. Durga Prasad, learned counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration.

3. Learned Counsel for the petitioners submits that the petitioner Nos.2 and 3 are minors being represented by their mother as natural guardian B. Radhika. The petitioner Nos.2 and 3 are absolute owners and possessors of the land admeasuring 1400 sq. yards in Sy.No.74 situated at Nizamabad Village and Mandal, Nizamabad District and they have executed a lease deed on 10.04.2025 in favour of petitioner No.1 and when the said lease deed was presented before the respondent No.2 for registration, the same was refused by the respondent No.2 by the impugned order dated 16.07.2025 for the reason that the petitioner Nos.2 and 3 being minors under the guardianship of their mother have executed lease deed dated 10.04.2025 in favour of the petitioner No.1 and as per the Circular Memo No.G1/9916/2013 dated 02.07.2013 issued by the Commissioner and Inspector General (Registration and Stamps) Telangana, the properties owned by the minors are prohibited from transfer except with previous permission of the Court under Section 8(2) of the Hindu Minority Act, 1956. In fact, the petitioner Nos.2 and 3 have executed the proposed lease deed for the land admeasuring 1400.00 sq. yards or 1170.54 sq.

meters in Sy.No.74 situated at Nizamabad Shivar Mandal and District for a period of 11 months on rent basis and the Circular instructions mentioned by the registering authority are not apply to the instant case.

4. Learned Counsel for the petitioners further submits that in similar circumstances this Court has disposed of W.P.No.34460 of 2024 on 17.12.2024 and categorically recorded the submissions of the learned Government Pleader for Stamps and Registration in para No.5 of the order, which is extracted as under;

“5. Learned Government Pleader for Stamps and Registration placed instruction of respondent No.2, which reads as:

“It is submitted that a writ petition has been filed by Smt.Sandela Ajitha W/o Lingam Sandela R/o Nizamabad, stating that a lease deed is presented before the Sub Registrar on 08.05.2024 and the SRO has been informed orally that the property is a minors property and unless there is an order from the competent court, Sub Registrar will not Receive and register the lease deed.

In view of the above, it is submitted that according to Cir.Memo.No.G1/9916/2013 dated 03-08-2013 of the Commissioner and Inspector General of Registration and Stamps. A.P Hyderabad. ‘The Natural guardian shall not without the previous permission of the court lease any part of such property for a term exceeding five years or for a term extending more then one year beyond the date on which the minor will attain majority’.

It is humbly submitted that, if any document presented by the petitioner before the sub registrar the same will be received and Processed as per the provisions of the Registration Act 1908.”

Learned Counsel further submits that in view of the above submissions, it clearly shows that lease of any part of the property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority, permission of the Civil Court is necessary, but in the instant case, the petitioners want to execute lease deed for a period of 11 months and in view of the same, he has requested to allow the writ petition by setting aside the impugned order.

5. Learned Assistant Government Pleader for Stamps and Registration fairly conceded that as per the Circular Memo No.G1/9916/2013 if the parties want to enter lease agreement for the pr