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2025 Supreme(Online)(Tel) 73802

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE K. SARATH
Smt. Pokala Savithri @ Shahnaz Begum – Appellant
Versus
The State of Telangana – Respondent
WP 22691/2025



THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.22691 OF 2025

ORDER:

Heard Sri V.R.Mannepalli, learned counsel appearing for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submit that the petitioner is questioning the action of the respondent No.3 in not deleting the part of land to an extent of 908.3 Square Yards, 1158.3 Square Yards and 1008.3 Square Yards in Sy.No.372/B, situated at Ibrahimpatnam Village and Mandal, Ranga Reddy District from the Gift Deed document No.2087/2022, dated 31.01.2022 on the file of respondent No.3 and not restoring the said portion in favour of the petitioner.

3. Learned counsel for the petitioner further submits that the petitioner is the owner of the schedule property and she has three sons and three daughters and the petitioner registered a Gift Deed in favour of her three daughters vide Document No.2087/2022 on the file of the Sub-Registrar, Ibrahimpatnam, Ranga Reddy District. After receiving the said property, the daughters of the petitioner neglected the petitioner. In view of the same, she wants to cancel the part of Gift Deed executed in favour of her daughters. The petitioner made representation to the respondent No.3 with regard to the same and requested to pass appropriate orders.

4. Learned Assistant Government Pleader for Stamps and Registration submits that the Registering Authority has no power to delete the part of Gift deed under the Registration Act, 1908. If the petitioner wants to cancel the part of Gift Deed, she has to approach the competent authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or Civil Court. Without approaching the competent authority, the petitioner made representation to the respondent No.3 and the same cannot be considered and the writ petition is not maintainable and requested to dismiss the writ petition.

5. After hearing both sides and perusing the material on record, this Court is of the considered view that the petitioner is a senior citizen and she executed a registered Gift Deed in favour of her three daughters. After execution of said Gift Deed, the daughters of the petitioner neglected her. In view of the same, she want to cancel some part of the Gift Deed and made representation to the Registering Authority for cancellation of said Gift Deed but the Registering Authority has no power and jurisdiction to entertain the representation made by the petitioner to cancel the registered Gift Deed. If the petitioner has any grievance against her daughters, she can approach the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 for her grievance. Otherwise, the petitioner can approach competent Civil Court for her grievance. But without approaching the authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or Civil Court, the petitioner made representation to the Registering Authority and approached this Court for disposal of the same and this Court not inclined to direct the respondent authorities to dispose of the representation filed by the petitioner as the Registering Authority has no jurisdiction to cancel the registered document basing on the representation of the petitioner.

6. In view of the above circumstances, the writ petition is disposed of by granting liberty to the petitioner to approach the competent authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 or Civil Court for redressal of her grievance. There shall be no order as to costs.

7. Miscellaneous petitions, if any, pending in this Writ Petition shall also stand closed.

________________________

JUSTICE K.SARATH Date: 01.08.2025 BB

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