The petitioner claims to be the owner of 3.64, 4.45 and 17 Ares of property situated in Re-survey No.632/1-B/2, 634/1/10 and 634/1/19 of Valakkode Village. The petitioner has executed a gift deed in favour of his daughter as per Ext.P3. The petitioner presented Ext.P3 for registration. The registering authority refused to register the document citing that there is an order of attachment from the Debt Recovery Tribunal, Ernakulam in IA.No.1979/2012 in OA.No.305/2012 filed by the Central Bank of India, Peroorkada Branch. In view of the fact that the petitioner has already executed a gift deed, there shall be a direction to the Sub Registrar, the first respondent to register the document in accordance with law. The attachment is only a prohibitory order. Any transfer made by the petitioner to any person including his daughter will be subject to the WP(C).No.30179/2014-V.
2 right of any person including the second respondent to proceed against the property. It is made clear any beneficiary of the document cannot claim any equity based on the registration of the document. Therefore, there shall be a direction to the first respondent to register the document in accordance with law.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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