S. SAMSUDHEEN Vs. SUB REGISTRAR, MELAPALAYAM TIRUNELVELI DISTRICT

JUDGEMENT

(1.) The case of the petitioner is that his father, Syed Meeran Bakker Mydeen, has executed a registered settlement deed, dated 31.03.1954, settling the property in his favour along with his brothers, namely, Syed Meeran, the 2nd respondent herein and Mohideen Pillai, another brother. The said Mohideen Pillai has executed a settlement deed dated 16.04.2013 settling his properties including the 1/3rd share of the property in favour of his wife and sons. The above property has been shown as 2nd schedule in the settlement deed dated 16.04.2013.According to the petitioner, as on date, the 2nd respondent, the wife and sons of his brother, namely, Mohideen Pillai are the joint owners of the property and the possession is also being enjoyed jointly by them, as on date.

(2.) While so, the 2nd respondent has no issues and he was in need of some money for his medical expenses and therefore, he offered to sell his 1/3rd share, which was accepted by the petitioner and the petitioner in that regard approached the document writer for registration of the documents and at this, he was informed that the 1st respondent would ask him to produce the parent document for verification. According to the petitioner, the parent document was with his another brother, namely, Mohideen Pillai and now is in the custody of his wife and his children. A request was made for production of original parent document for the purpose of registration, but the legal heirs of the said Mohideen Pillai are not inclined to produce the parent document.

(3.) In the meanwhile, the 2nd respondent has sold his 1/3rd share to the petitioner and executed a sale deed dated 22.12.2020 and the same has been presented for registration. The 1st respondent however refused to register the same on 22.12.2020 and rejected the document on the ground that the original parent document had not been produced. As against the refusal slip dated 22.12.2020, the petitioner is before this Court.