Whether the Assigned land can be gifted to the legal heirs ? = A perusal of the D-Form patta shows that under condition No.1, the assigned land is heritable, but not alienable. Petitioner No.1, being the son of petitioner No.2, the latter is entitled to bequeath the property in favour of her own son, as such disposal does not constitute alienation in favour of third parties. Respondent No.2 has failed to find the legal distinction between the alienation in favour of third parties and family settlement among the family members. Hence, this Writ Petition is disposed of with the direction to respondent No.2 to receive the gift deed sought to be presented by petitioner No.2 and register the same subject to the latter complying with the statutory requirements of the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

THE HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY            

WRIT PETITION No.32889 of 2012

19-11-2012

Chandrammagari Tippeswamy and another  

The District Registrar,Stamps and Registration Department,District Registrar's
Office, Anantapur, and another.

Counsel for Petitioners:  Sri N. Aswartha Narayana

Counsel for Respondents: AGP for Revenue.
                             
<GIST:

>HEAD NOTE:  

?CITATIONS:

ORDER:

        This writ petition is filed for a Mandamus to declare the action of
respondent No.2 in not entertaining the gift deed sought to be presented by
petitioner No.2 for registration, as illegal and arbitrary.

        Petitioner No.2 is the assignee of the land admeasuring Ac.5.20 cents in
Survey No.205-3 of Yatakallu Village, Setturu Mandal, Anantapur District.
Intending to gift the said property in favour of petitioner No.1, who is no
other than her own son, petitioner No.2 sought to present the gift deed before
respondent No.2 for registration.
As respondent No.2 has not received the said
document on the ground that the same is an assigned land, the petitioners filed
this writ petition.
     
A perusal of the D-Form patta shows that under condition No.1, the assigned land
is heritable, but not alienable. 
Petitioner No.1, being the son of petitioner
No.2, the latter is entitled to bequeath the property in favour of her own son,
as such disposal does not constitute alienation in favour of third parties.
Respondent No.2 has failed to find the legal distinction between the alienation
in favour of third parties and family settlement among the family members.

Hence, this Writ Petition is disposed of with the direction to respondent No.2
to receive the gift deed sought to be presented by petitioner No.2 and register
the same subject to the latter complying with the statutory requirements of the
provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.
     
Before closing this case,
I find it necessary to observe that many Sub-
Registrars in the State have been refusing to register the gift deeds/settlement
deeds pertaining to the assigned lands among the family members. This has been 
creating unnecessary litigation forcing the aggrieved parties to approach this
Court.  
To avoid this vexatious litigation, the Principal Secretary (Revenue),
Stamps & Registration Department of Andhra Pradesh, Hyderabad, is directed to 
issue a circular to all the Sub-Registrars in the State to accept the gift deeds
relating to the assigned lands among the family members and report to this Court
through the Government Pleader for Revenue within one week from the date of
receipt of this order.

As a sequel to disposal of the writ petition, WPMP.No.41874 of 2012 filed for
interim relief is dismissed as infructuous.

_______________________  
C.V.NAGARJUNA REDDY,J    
19.11.2012