Madras High Court
C.Kannammal vs The District Registrar on 5 March, 2021
W.P.No.5264 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2021
CORAM: JUSTICE N.SESHASAYEE
W.P.No.5264 of 2021
C.Kannammal ...Petitioner
-Vs-
1.The District Registrar,
Office of the District Registrar,
Chengalpet District.
2.The Sub Registrar,
Office of the Sub Registrar,
Atchirupakkam,
Madhurandhagam Taluk,
Chengalpet District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue a Writ of Mandamus, to direct the second respondent to
register the sale deed presented by the petitioner on 03.02.2021 in
Temporary Registration No.TP/99495823/2021.
For Petitioner : Mr.V.Balamurugan
For Respondents : Mr.T.M.Pappiah, SGP
1/4
http://www.judis.nic.in
W.P.No.5264 of 2021
ORDER
This Writ Petition is filed for a writ of Mandamus, to direct the
second respondent to register the sale deed presented by the petitioner on
03.02.2021 in Temporary Registration No.TP/99495823/2021.
2. The petitioner has obtained a life estate for the property
comprised in S.Nos.626, 633/6A2. These are all the properties involved
in a litigation in O.S.No.250 of 1994, in which, a compromise decree
came to be passed on 03.07.1995, wherein, the petitioner was given a life
estate.
3. Now, the petitioner wants to sell her right to some third party
and the Sub Registrar objected to the same on the ground that the
petitioner has got only limited life estate for the property.
4. Heard Mr.T.M.Pappiah, learned Special Government Pleader
for the respondents.
5. The life estate in immovable property is a vested right and if
http://www.judis.nic.in
W.P.No.5264 of 2021
there is no restriction on alienation, the life estate holder has embolden
right to transfer her right in favour of any third party. However, such
right is limited to the life time of the life estate holder and not beyond
that.
6. Therefore, this Court now directs the Sub Registrar to
register any sale deed conveying the life estate of the petitioner in terms
of the judgment of the Division Bench of this Court in N.Ramayee Vs.
Sub Registrar [(2020) 8 MLJ 305]. To avoid further complication in
future, this Court also directs the petitioner to present a separate copy of
this order along with the proposed sale deed to the Sub Registrar.
7. The Writ Petition is disposed of accordingly. No costs.
05.03.2021
Index : Yes/No
Internet : Yes/No
gsk
N.SESHASAYEE, J.,
http://www.judis.nic.in
W.P.No.5264 of 2021
gsk
To
1.The District Registrar,
Office of the District Registrar,
Chengalpet District.
2.The Sub Registrar,
Office of the Sub Registrar,
Atchirupakkam,
Madhurandhagam Taluk,
Chengalpet District.
Order made in
W.P.No.5264 of 2021
05.03.2021
http://www.judis.nic.in
