IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2588 of 2014 Between:
Puttakka Gari Ramanjinappa @ Sirivaram Anjanappa, S/o. Late Ramanna @ Siddappa, Aged about 50 years, R/o. Kotipi Village, Hindupur Mandal, Anantapuramu District & another AND .. Petitioners The Government of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2588 of 2014 ORDER:
The case of the petitioners is that the father of the first petitioner by name Sirivaram Siddappa was assigned land in the year 1971 to an extent of Ac. 2.25 cents in Survey No.312-3, situated at Kotipi Village, Hindupur Mandal, Anantapuramu District. After the death of his assignee, a Will was executed in favour of the first petitioner on 19.08.2002. The mother of the petitioner died in the year 2004. Now the first petitioner intend to execute Gift Deed in favour of his son, second petitioner. On the ground that the said land is treated as assigned land, the Gift Settlement Deed is not received and processed by the Sub-Registrar, Hindupur, Anantapuramu District (3rd respondent).
2. Learned counsel for petitioners submits that father of first petitioner was given D-form patta and one of the conditions of the assignment was that the land has to be cultivated either by the assignee or members of his family. Thus, son is also entitled to cultivate the land and what is proposed by the first petitioner is only giving the land as a gift to his son. In support of his contentions, learned counsel placed reliance on a decision of this Court in W.P.No.32889 of 2012, dated 19.11.2012, wherein this Court held that D-form patta owner is entitled to bequeath the property; D-form patta land is heritable but not alienable, therefore bequeathing the property in favour of the son is not illegal.
3. In this case also, D-form patta land is heritable but not alienable and first petitioner is not intending to alienate the land and intend to gift the property in the name of the son/second petitioner. By such transaction, no right would accrue to the second petitioner to alienate the property and D-form patta conditions shall still govern the second petitioner. Thus, the action of the Sub-Registrar in not entertaining the gift deed is erroneous.
4. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Hindupur, Anantapuramu District (3rd respondent) to receive the gift deed sought to be presented by the first petitioner in favour of second petitioner, process the same in accordance with requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2588 of 2014 Date: 25th April, 2014 KL