Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Registration of Property in Prohibited List - When a property is included in the prohibited list under Section 22-A of the Registration Act or similar statutes, registering authorities are legally bound to refuse registration of any documents related to that property. This is to prevent illegal transfers or alienations of prohibited properties. Several cases confirm that once a property is listed, authorities cannot proceed with registration unless the property is de-notified or removed from the list Union Bank Of India VS State Of Andhra Pradesh - Andhra Pradesh, Dasari Rama Murthy VS State of Telangana - Telangana, Battalwar Ramudu S/o. Late Battalwar Teja Rao VS State of Telangana Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad - Telangana.
Legal Remedies for Property Owners - Owners or interested parties can approach courts or relevant authorities to seek deletion or de-notification of their property from the prohibited list. This involves submitting applications under applicable sections (e.g., Section 22-A(4)) or through mechanisms like Mee-seva, and may require following due procedures to prove that the property should not be classified as prohibited. Courts have repeatedly emphasized the availability of such remedies, including approaching civil courts for declarations or deletion Gottumukkala Venkata Ram Kumar Varma vs State of Telangana - Telangana, Sri Chennama Raju Sai Swaroop, Vs The State - Andhra Pradesh, Invecta Technologies Private Limited VS Government of Andhra Pradesh, Represented by its Secretary, Stamps and Registration Department, Hyderabad - Telangana.
Impact of Inclusion in Prohibited List - Inclusion in the prohibited list restricts registration and transfer of the property, effectively freezing its legal dealings until the property is de-notified. If a property is wrongly included or the listing is challenged successfully, authorities are instructed to process registration requests once the property is removed from the list, provided all legal requirements are met State Bank of India VS State of Andhra Pradesh - Andhra Pradesh, Mula Malla Loka Reddy VS State of Telangana - Telangana.
Legal Precedents and Court Directions - Courts have consistently held that the mere entry in the prohibited list does not confirm ownership or title but restricts registration under law. They also recognize the right of owners to challenge inclusion and seek removal. Directions have been issued to authorities to process registration applications after proper application and compliance, emphasizing procedural correctness and the right to legal remedy 04300054718, Invecta Technologies Private Limited VS Government of Andhra Pradesh, Represented by its Secretary, Stamps and Registration Department, Hyderabad - Telangana.
Exceptions and Specific Cases - In some instances, properties not listed in the prohibited list or not notified as such can be registered without issue. Conversely, if a property is listed due to specific statutes or notifications, authorities must adhere to legal procedures before refusing registration, and owners can contest such decisions in courts Mula Malla Loka Reddy VS State of Telangana - Telangana.
Analysis and Conclusion:If a property that is in the prohibited list is registered without following proper legal procedures, such registration is generally considered illegal and can be challenged in court. Owners have the right to seek de-notification through applications and legal remedies. Authorities are mandated to refuse registration for listed properties unless they are de-notified, and any wrongful registration can be annulled by courts. Proper procedural compliance and legal recourse are essential for resolving disputes related to properties in the prohibited list.
Purchasing or transferring property is a significant milestone, but what if the property is on a prohibited list? Many property owners in India face this issue when attempting to register documents under Section 22-A of the Registration Act, 1908. The question arises: What happens if a property in the prohibited list was registered? This blog explores the legal implications, key principles, case laws, and remedies available to affected parties.
Understanding this is crucial for buyers, sellers, and legal professionals, as wrongful registration can lead to disputes, cancellations, or prolonged litigation. While this post provides general insights based on legal precedents, it is not a substitute for professional legal advice. Always consult a qualified lawyer for your specific situation.
Under Section 22-A(1) of the Registration Act, 1908, certain immovable properties are barred from registration to prevent illegal transfers. The District Collector has the authority to compile and notify this list, including government lands, assigned lands, endowments, or properties restricted by statutes. Once listed, the Sub-Registrar must refuse registration of any sale deeds, mortgages, or transfers related to it. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
As noted in legal proceedings, the Prohibited list prepared and notified under Section 22-A of the said Act restricts properties classified as government or restricted assets. V. V. R. N. Sastry VS State of Andhra Pradesh - 2023 Supreme(Telangana) 497 - 2023 0 Supreme(Telangana) 497
If a property on the prohibited list is presented for registration:
Refusal is Mandatory: The Sub-Registrar is legally bound to deny registration until the property is de-notified. Attempting to register despite this can render the document invalid or voidable. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
Consequences of Wrongful Registration: If registration occurs erroneously (e.g., due to oversight), it may be challenged in court. Courts have ruled such registrations illegal, especially if the property was assigned to a private party before inclusion. Pasupuleti Bala Gangadhar VS State of A. P. , reptd. , by its Principal Secretary, Revenue (Stamps and Registration) Department - Andhra Pradesh (2013)
Freezing of Transactions: Inclusion effectively freezes property dealings, preventing alienation until removal. Until it is de-notified from the list, it cannot be alienated and registration of the same is prohibited. Vakacharla Veeraiah VS State of Andhra Pradesh - 2021 Supreme(AP) 447 - 2021 0 Supreme(AP) 447
From other cases, mere entries in related registers (e.g., under endowments acts) do not confirm title but trigger prohibition. Mere entries in Register u/s 43 of Endowment Act is not a title confirmation over the suit property. M. Surya Rao VS State of Andhra Pradesh - 2022 Supreme(AP) 433 - 2022 0 Supreme(AP) 433
Prohibition Scope: Covers transfers of immovable properties in the list, including assigned lands. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
Collector's Role: The District Collector notifies the list; Sub-Registrars enforce it. No registration without removal. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
Gazette Notification Requirement: For certain inclusions under Section 22-A(1)(e), a gazette notice is mandatory. Absence can make refusal illegal. But, according to Sub-Section 2 a notice in Gazettee is mandatory, no such gazettee notification... was issued, thereby refusal to register on the above ground is illegal. Syed. Khairunnissa VS State of Andhra Pradesh - 2021 Supreme(AP) 1037 - 2021 0 Supreme(AP) 1037
Judicial Limits: The prohibited list is not a statutory title document. Prior private assignments may override inclusion for registration purposes. Pasupuleti Bala Gangadhar VS State of A. P. , reptd. , by its Principal Secretary, Revenue (Stamps and Registration) Department - Andhra Pradesh (2013)
No Automatic Title Change: Listing does not convert private property to government land. Owners can challenge wrongful classification. V. V. R. N. Sastry VS State of Andhra Pradesh - 2023 Supreme(Telangana) 497 - 2023 0 Supreme(Telangana) 497
Courts have provided clarity through precedents:
In one case, refusal to register a sale deed was deemed illegal because the property was assigned to a private party before inclusion. Pasupuleti Bala Gangadhar VS State of A. P. , reptd. , by its Principal Secretary, Revenue (Stamps and Registration) Department - Andhra Pradesh (2013)
Proceedings by the District Collector were upheld if unchallenged, affecting writ petitions. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
For auctioned assigned lands by cooperatives, inclusion post-sale may be contested: Whether assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale? M. Vijayabhaskar Raju VS State of Andhra Pradesh - 2022 Supreme(AP) 54 - 2022 0 Supreme(AP) 54
Properties wrongly listed due to endowment registers were directed for review. Accordingly these properties were included in the list of prohibited properties... M. Surya Rao VS State of Andhra Pradesh - 2022 Supreme(AP) 433 - 2022 0 Supreme(AP) 433
Full Bench judgments led to notifications, but de-notification requires due process. Vakacharla Veeraiah VS State of Andhra Pradesh - 2021 Supreme(AP) 447 - 2021 0 Supreme(AP) 447
Registrars may refuse if listed: He may refuse to receive/register, if the property in issue... is included in the list of prohibited properties under Section 22-A. D. Venkateswara Reddy S/o D. Guru Reddy VS State of Telangana - 2021 Supreme(Telangana) 132 - 2021 0 Supreme(Telangana) 132
These cases emphasize procedural fairness and the right to challenge. Pathuri Anantha Ramaiah VS State of Andhra Pradesh - Andhra Pradesh (2021)
If your property is wrongly listed:
Approach Authorities: File applications with the District Collector for removal, often via Mee-Seva or under Section 22-A(4). Gottumukkala Venkata Ram Kumar Varma vs State of Telangana - Telangana
Court Petitions: Writ petitions or civil suits for declaration and deletion. Courts direct de-notification if proven erroneous. Invecta Technologies Private Limited VS Government of Andhra Pradesh, Represented by its Secretary, Stamps and Registration Department, Hyderabad - Telangana
Documentation: Prove prior title, assignments, or non-government status with records like TSLR. V. V. R. N. Sastry VS State of Andhra Pradesh - 2023 Supreme(Telangana) 497 - 2023 0 Supreme(Telangana) 497
Post-Challenge Registration: Once removed, authorities must process documents. If not, a direction be issued to the respondents to delete the property from the prohibited properties list. M. Vijayabhaskar Raju VS State of Andhra Pradesh - 2022 Supreme(AP) 54 - 2022 0 Supreme(AP) 54
Owners have remedies: Courts have repeatedly emphasized the availability of such remedies, including approaching civil courts for declarations or deletion. From summarized sources.
Exceptions exist for non-notified or auctioned properties. Syed. Khairunnissa VS State of Andhra Pradesh - 2021 Supreme(AP) 1037 - 2021 0 Supreme(AP) 1037Mula Malla Loka Reddy VS State of Telangana - Telangana
Verify Status Early: Check the prohibited list before transactions via government portals or Collector's office.
Gather Evidence: Maintain documents showing private ownership or prior assignments.
Seek De-Notification: Petition promptly; engage lawyers for writs if needed.
Avoid Risks: Do not proceed with registration if listed—risk annulment.
Engage with the District Collector's office to clarify the status of the property and explore options for rectifying its classification.
Registering a property on the prohibited list under Section 22-A is generally impermissible, leading to refusals or invalid documents. While inclusion protects public interests, wrongful listings can be challenged successfully through authorities or courts. Key takeaways:
Sub-Registrars must refuse listed properties. State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018)
Prior private rights may prevail. Pasupuleti Bala Gangadhar VS State of A. P. , reptd. , by its Principal Secretary, Revenue (Stamps and Registration) Department - Andhra Pradesh (2013)
De-notification restores registrability. Pathuri Anantha Ramaiah VS State of Andhra Pradesh - Andhra Pradesh (2021)
Always verify and document thoroughly.
Property transactions demand diligence. For personalized guidance, consult a legal expert. This overview draws from cases like Pasupuleti Bala Gangadhar VS State of A. P. , reptd. , by its Principal Secretary, Revenue (Stamps and Registration) Department - Andhra Pradesh (2013), State of A. P. rep. by its Prl. Secretary, Revenue, A. P. Secretariat, Velagapudi, Amaravathi VS Datla Krishna Varma - Andhra Pradesh (2018), Pathuri Anantha Ramaiah VS State of Andhra Pradesh - Andhra Pradesh (2021), V. V. R. N. Sastry VS State of Andhra Pradesh - 2023 Supreme(Telangana) 497 - 2023 0 Supreme(Telangana) 497, and others, highlighting procedural compliance.
Word count: 1028. This is general information based on precedents; laws may vary by jurisdiction.
#ProhibitedPropertyList, #Section22A, #PropertyRegistration
Accordingly, prayed to allow the writ petition and direct the Registering authorities to remove the subject property from prohibited properties list and register the sale certificates issued by the bank in favour of the successful bidders of the subject property. ... Accordingly, pursuant to receipt of injunction orders passed in the suit filed by respondent nos.7 to 9 restraining respondent no.6 from ali....
In the present case, the Deputy Collector and Tahsildar i.e., respondent No.5 claims the subject property as Government land and submit that they are placed under prohibited list. However, learned counsel for the petitioner submits that the subject document was registered. ... Hence, for removal of the subject property from the prohibited list, the petitioner may make an application unde....
the Prohibited list prepared and notified under Section 22-A of the said Act and for recording the subject private property of the petitioners as “G.Abadi” in Town Survey Land Register (TSLR) and treating it as a Government Property, the petitioners approached the Court by filing the present writ petition ... authority to de-notify and the delete the properties from the Prohibited #HL_ST....
In view of the same, without going into the merits of the case, this Writ Petition is disposed of giving liberty to the petitioner to make appropriate application through Mee-seva on payment of requisite fee for de-notifying the subject property from the list of prohibited properties notified under Section ... situated in Survey No. 315/1 at Proddatur Municipality, Proddatur Town of YSR Kadapa District, from the prohibited....
When such be the undisputed position, the rejection of registration of the Sale Certificate on the ground that the property is included in list of prohibited properties list dated 04.02.2016 cannot be approved. ... (C) In W.P.No.478 of 2022, the 4th respondent shall receive, register and release the Sale Certificate dated 20.12.2018 in favour of the respondent No.6 in respect of the subject matter #HL_ST....
the Commissioner, under Section 43 Property Register in terms of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987; accordingly these properties were included in the list of prohibited properties as per the procedure contemplated under Act. ... Mere entries in Register u/s 43 of Endowment Act is not a title confirmation over the suit property. ... Thus....
Learned senior counsel for the petitioners draws attention of this Court to the list of prohibited properties filed along with the writ petition and would submit that the subject plots i.e., Plot Nos.239, 240 and 242 have not been included in the prohibited list and the same has not been disputed by ... Registering Authorities are directed to receive, register and release the sale deed presented by the pe....
It was held that once a particular property/land finds place in the list of prohibited land/properties, the Registrar concerned is bound under the law to refuse registration of the document dealing with such property. ... It was further held that if a property is either not entered in the prescribed register or gazetted, and if its ownership is in dispute or the process of entering the #....
(xi) Apart from the redressal mechanism, it is also open to an aggrieved person to approach appropriate forum including Civil Court for either seeking appropriate declaration or deletion of his property/land from the list of prohibited properties or for any other appropriate relief ... Prohibition of Registration of certain documents: (1) The following classes of documents shall be prohibited from registration, namely: (a....
(xi) Apart from the redressal mechanism, it is also open to an aggrieved person to approach appropriate forum including Civil Court for either seeking appropriate declaration or deletion of his property/land from the list of prohibited properties or for any other appropriate relief ... Prohibition of Registration of certain documents:--(1) The following classes of documents shall be prohibited from registration, namely:--....
If not, a direction be issued to the respondents to delete the property from the prohibited properties list notified under Section 22 A(1) of the Registration Act, 1908? Whether assigned land sold in auction by Primary Agricultural Cooperative Society is ceased to be assigned land on its sale? If so, whether the action of respondent No.2 in inclusion of the property in the prohibited properties list notified under Section 22 A(1) of the Registration Act, 1908 is in ....
Unfortunately, the said property was included in the list of prohibited properties notified under Section 22-A of the Registration Act. equivalent to Ac. 1.27 1/3 cents out of total extent of Ac. 2.00 cents situated at Kattamanchi Village, Muraganipalle, Chittoor Municipal Corporation, Chittoor Mandal, Chittoor District.
Therefore, question of inclusion of the property in the prohibited property list under Section 22-A of the Registration Act, does not arise. But, according to Sub- Section 2 a notice in Gazettee is mandatory, no such gazettee notification as mandated under sub-section 2 of Section 22-A(1)(e) was issued, thereby refusal to register on the above ground is illegal. The South-East Construction Company, Nidubrolu, who fell in arrears of tax to a tune of Rs. 13,14,128/- for the yea....
As per the Judgment of Full Bench of the High Court of Andhra Pradesh in W.P.No.343/2015, 232/2012 and 352/2013, the Government issued orders to notify the Government/Assignment/Endowments/Wakf lands etc in the prohibited properties list under Section 22-A (1) of the Registration Act. In pursuance of the same, the subject property was included in the list of prohibited properties and until it is de- notified from the list, it cannot be alienated and registration of the same is prohib....
8. Ordinarily, whenever a document is presented for registration in compliance of the Indian Registration Act, 1908 (for short ‘the Act 1908’) and the Indian Stamp Act, 1899, the registering authority has to receive, process, register and release the document. He may refuse to receive/register, if the property in issue, on which registration is sought, is included in the list of prohibited properties under Section 22-A of the Act, 1908. He may also refuse to register the docu....
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