Dismissal of WRIT Petition
Balaji Bakthavathsal
(Querist) 24 December 2010
This query is : Resolved
A WRIT petition filed by me in the High Court of Madras for cancelling the Sale Deed Registration which was done fraudulently by some fraudsters was dismissed somewhere in the month of July, 2010 advicing me to file a civil suit in the lower court. Though I have obeyed the High Court direction, I still feel that the honourable court overlooked the irregularities done by the Registration department and I am subjected to additional financial burden, mental tension/agony apart from losing precious time. I am more concerned than my personal grievance is that the corrupt sub-registrar goes scot free and my main intention is to highlight the corrupt practices followed by the Registration Department harassing hapless victims. Though they have done the Registration blindly following the Registration Act, I wanted to bring it to the notice that how they have overlooked certain legal points and carried out the illegal registration making it as legal. Can any of the learned expert expalin me the term "Absolute Owner" ? Does the term Absolute owner refer to
a) A person in whose name the property is registered
b) A person who claims that he/she inherits the property by showing a registered will which
i) does not reveal the relationship of the owner and the executor of the will
ii) does not contain the detailed description or geographical location of the property
iii) does not contain the survey number or postal address of the property.
Can a Sub-Registrar register the Gift Deed by simply accepting a will as stated at b) above while the Gift Deed Acts says that the Donor Should be the Absolute owner of the property being gifted ?
R.Ramachandran
(Expert) 24 December 2010
Dear Mr. Balaji,
You should understand that Writ is a discretionary jurisdiction. Secondly in writ jurisdiction the High Court cannot go into the facts. In the writ jurisdiction, the High Court would be concerned only with the substantial questions of law involved.
You will agree with me that your case entirely depends upon the facts. Therefore, you have to file a suit in the appropriate Court to get relief.
The questions (a) (b) and (c) that you are asking are in connection with the alleged Will. Without seeing the contents of the Will, it will not be possible to give any views.
Balaji Bakthavathsal
(Querist) 24 December 2010
Dear Mr. Ramachandran, I sincerely thank you for your clarification on the WRIT petition. I would be very grateful if you could clarify the main part of the query in which I have asked for the meaning of Absolute owner and act of registering the Gift Deed by a person in whose name (DONOR) the property is not registered.
R.Ramachandran
(Expert) 24 December 2010
While agree that only the absolute owner of the property can dispose it of in whatever way that he likes including giving the same in GIFT, by way of WILL, Sale etc, regarding your specific
questions (a) (b) and (c), I have already indicated that without seeing the contents of the Will, it will not be possible to give any views.
Kirti Kar Tripathi
(Expert) 24 December 2010
ancelling the Sale Deed Registration is a dispute between two private parties, for which only civil court has jurisdiction and State has no role. I think, the writ must have been dismissed on ground of its maintainability thus in mu opinion, there is no illegality in the order. It is settled position of law tha a writ between private parties are not maintainable.
Satyendra Kumar Pandey
(Expert) 24 December 2010
Sir, In my opinion you must make an RTI application to the registration department of the concern and ask your quires with them.
Secondly if your suit is dismissed by the District court then you have option of appeal in High court and raise your quires there and put your objections there.
Balaji Bakthavathsal
(Querist) 24 December 2010
Dear All learned experts, I sincerely thank you all for your valuable comments/suggestions.
