G. INIYAZH Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) This Writ Petition has been filed challenging the refusal check slip issued by the Second Respondent and direct the Second Respondent to complete the registration of the Sale Deed, dtd. 23/5/2024 executed by the Petitioner.

(2.) It is the case of the Petitioner that the Petitioner's father Mr. K. Gurukeshav Kumar has settled his life interest in the subject property in favour of his only daughter G. Iniyazh over the property namely all that piece and parcel of 540/7200 sq. ft. of undivided share of land bearing Plot No.4675-A, Block No.1 D, New Door No.89, Old Door No.AA-13, 2nd Avenue, Anna Nagar, Chennai 40, comprised in Old Survey No.6 part and 7 part, T.S. No.117, Block No.1 D, Naduvangarai Village together with building measuring an extent of 669.15 sq.ft., of the middle portion of the 2nd floor including 1/3rd share in the 5 feet common passage under Settlement Deed, dtd. 10/1/2022 Document No.139 of 2022 on the file of SRO, Anna Nagar and thus his daughter Iniyazh has acquired absolute right over the subject property with full power of alienation. The Petitioner presented the said Sale Deed for registration before the Second Respondent herein on 23/5/2024 after paying the Stamp Duty and registration charge. However, the Second Respondent herein has refused to register the same by alleging that since the subject property has been acquired by the minor, the same cannot be sold by the guardian without permission of the Court until the minor attains the age of majority and accordingly issued a refusal check slip bearing No.RFL/Anna Nagar/58/2024, dtd. 23/5/2024. Challenging the said refusal check slip, the Petitioner has filed the present Writ Petition before this Court.

(3.) Learned Counsel for the Petitioner submitted that the Second Respondent has refused to register the Sale Deed on the ground that the property is owned by minor. As there is no bar under the Registration Act to register the minor property through the natural guardian. The learned Counsel further submitted that the sale of the property belonging to the minor is not void and it is voidable, at the instance of the minor. When the parties are entering into a Contract knowing very well about the provision of law and taking risk. The registering authority cannot impose a condition to the Petitioner to obtain a permission from the concerned Court.