Sub-Registrar To Register Sale/ Gift Deeds Even Though It Is Not In Authorized/ Approved Layout: Telangana High Court

The writ petitions were filed to declare action of various Sub-Registrars in the State in refusing to receive, process, register and release the sale deeds, gift deeds etc., presented by the petitioners, as illegal, arbitrary and unconstitutional.

The refusal was on ground of Memo bearing Nos. G2/257/2019 dated 26.08.2020 and 29.12.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana.

The relevant extracts of the Memo are given below:

i. Plot in approved/authorized layouts only shall be registered. Only the plots in layouts approved as per law by the competent authority and plots which are regularized under LRS (Layout Regularization Scheme) issued by the Government from time to time can be registered. Plots in unauthorized layouts shall not be registered even though the same plot was registered earlier.

ii. Authorized Structures only shall be registered. Houses, buildings, apartments (flats) or any structures shall be registered only if they have the approval/permission from the competent authority and on the registered document it should be clearly mentioned that registration is in accordance with the sanctioned building plan.

The Memo was earlier challenged in a Writ Petition before a Division Bench of the Court, and the same was allowed. The Sub-Registrar was directed to receive, register, and release the sale deed presented by the petitioner therein in respect of the property.

Subsequently, the Municipal Corporation filed a SLP before the Supreme Court. Though notice was issued, the Supreme Court did not stay the orders of the Division Bench.

In the present case, it was alleged that despite the order of Division Bench, several documents presented before the Sub Registrar office were not being entertained on the basis of the Memo. More than 5,000 cases were filed challenging the action of the concerned Sub Registrars.

Advocate Mayur Reddy and Others, counsels appearing on behalf of the petitioners submitted that the order passed by the Division Bench is an order in rem and no stay is granted by the Supreme Court.

Special Government Pleader Harendra Pershad submitted that the concerned Sub-Registrars may be permitted to refuse documents that may be presented for registration relating to unauthorized layouts and structures. He also submitted that taking advantage of the order of the Division Bench, several parties had started presenting documents for registration without showing minimum road of width of 30 feet which is required to be maintained as per relevant statutory rules. But plots with less than 30 feet road width are being presented for registration, which will put gullible purchasers at loss in future.

Court's directions

The Court noted that it is an undeniable fact that sale of properties is a continuing process; several parties enter into sale and other transactions for their personal necessities and also as a commercial activity.

The Court found it just and proper to issue general directions to the Government/registering authorities to entertain registration of documents, however, with an endorsement that the registration is subject to outcome of Special leave Petition by the Supreme Court.

The court also passed a direction that if is found that there is any violation of law like plots/lands/structures being sold from part of Buffer Zone/Plots having less than 30 feet road width access, the Sub-Registrar shall make an endorsement informing/cautioning the purchasers that risk is involved in purchase of such plots; such transactions are hit by relevant statutory provisions.

The writ petition was hence disposed of with aforementioned directions.

Case Title: Smt Nasreen Sultana v. The State of Telangana

Citation: 2022 LiveLaw (Tel) 16

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