Telangana High Court
Smt. Gangula Rajyalaxmi vs The State Of Telangana on 1 May, 2025
1
SK, J
W.P.No.6139 of 2024
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.6139 of 2024
ORDER:
Heard learned counsel for the petitioners and
learned Government Pleader for Stamps and Registration and
perused the entire material on record.
2. Learned counsel for the petitioners submits that the
issue involved in this writ petition is squarely covered by the
order passed by this Court in W.P.No.16310 of 2019 and
batch dated 11.01.2023 and also the recent Judgment of the
Hon'ble Supreme Court in K. Gopi Vs. The Sub-Registrar 1
and requested to pass similar order in this writ petition.
3 Learned Government Pleader for Stamps and
Registration has not disputed the submission made by the
learned counsel for the petitioners. He submits that the
petitioners have to submit the subject document before the
respondents and if they submit the document, respondents
have to consider the same subject to compliance of the
provisions of the Registration Act, 1908 and the Indian Stamp
Act, 1899.
1 2025 SCC OnLine SC 740
SK, J
4. The relevant portion of the order
in W.P.No.16310 of 2019 and batch dated 11.01.2023 is as
under:
13. The power of the registering authority to refuse registration
is only, if any of the grounds or objections that are enumerated
under the provisions of the Registration Act, 1908, and the Rules
made thereunder in particular Sections 19, 20, 21, 22-A, 34, 35 and
rule 58 of the Telangana Rules under the Registration Act, 1908, are
existing in respect of any such document presented for the
registration. Except, the grounds or objections that are enumerated
under the provisions of the Registration Act, 1908, the registering
authorities have no authority to refuse registration of a document on
any other ground. As already noted above, the ground on which the
impugned refusal orders in all these batch of Writ Petitions are
passed is that the link document shown in the respective documents
is a validated and an unregistered document. By looking into a
validity of the link document, the registering authority is indirectly
verifying whether the executants of the respective documents are
having valid title or not to execute the documents in question. As
held in the above referred judgment in the case of Dr. Yadla Ramesh
Naidu (1 supra), the registering authority is not entitled to go into the
title of the parties to the document. It is a settled law that the vendee
under a document will not get a better title than his vendor and in
case if vendor is not having a valid title over the property which is
the subject matter of a particular document, the vendee under the
said document does not get any title over such property and mere
registration of such document will not have an effect on the property
which is the subject matter of the said document.
14. As rightly conceded by the learned Government Pleader for
Stamps and Registration, the registering authorities are not entitled
to refuse registration of a document on mere ground that the title of
the executants of the respective document is based upon the
validated document, though the same is compulsorily registerable
document cannot be accepted and such a ground is not available to
SK, J
the registering authorities to refuse registration of a document on
that ground.
19. In the light of the above, this Court is unhesitant to hold
that the respondent registering authorities are not entitled to refuse
registration of a document on the ground that the link document
referred to in the respective document is a validated document or to
refuse registration of such document by placing reliance on
endorsement, dated 02.01.2008, issued by the Commissioner and
Inspector General of Stamps and Registration. Accordingly, the
impugned orders in the respective Writ Petitions are set aside and
Writ Petitions are allowed with a further direction to the respondent
registering authorities to receive the returned documents and to
process the same subject to the condition of the said documents
complying with the provisions of the Registration Act, 1908 and the
Indian Stamp Act, 1899.
5. In K. Gopi's case (supra 1), the Hon'ble Supreme
Court held as under;
"The registering officer is not concerned with the title held by
the executant. He has no adjudicatory power to decide whether the
executant has any title. Even if an executant executes a sale deed or
a lease in respect of a land in respect of which he has no title, the
registering officer cannot refuse to register the document if all the
procedural compliances are made and the necessary stamp duty as
well as registration charges/fee are paid. We may note here that
under the scheme of the 1908 Act, it is not the function of the Sub-
Registrar or Registering Authority to ascertain whether the vendor
has title to the property which he is seeking to transfer. Once the
registering authority is satisfied that the parties to the document are
present before him and the parties admit execution thereof before
him, subject to making procedural compliances as narrated above,
the document must be registered. The execution and registration of a
document have the effect of transferring only those rights, if any,
that the executant possesses. If the executant has no right, title, or
interest in the property, the registered document cannot effect any
transfer.
SK, J
6. In view of the order passed in W.P.No.16310 of 2019
and batch dated 11.01.2023 and also the Judgment of the
Hon'ble Supreme Court in K. Gopi's case (supra 1) and for
the reasons mentioned therein, the Writ Petition is allowed
directing the respondent authorities to receive and register
the sale deed presented by the petitioners in respect of the
subject plots without reference to the Letter C & IG Endt.
No.CIG.Mail/AR/2008 dated 02.01.2008 and refusal order
No.84 of 2023 dated 14.09.2023 issued by the respondent
No.3 and subject to condition of the said documents
complying with the provisions of the Registration Act, 1908
and the Indian Stamp Act, 1899. There shall be no order as
to costs.
7. Miscellaneous petitions, if any pending in this writ
petition, shall stand closed.
__________________________
JUSTICE K.SARATH
Date: 01.05.2025.
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