CHANDRAMMAGARI Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to declare the action of respondent No.2 in not entertaining the gift deed sought to be presented by petitioner No.2 for registration, as illegal and arbitrary.

(2.) Petitioner No.2 is the assignee of the land admeasuring Ac.5.20 cents in Survey No.205-3 of Yatakallu Village, Setturu Mandal, Anantapur District. Intending to gift the said property in favour of petitioner No.1, who is no other than her own son, petitioner No.2 sought to present the gift deed before respondent No.2 for registration. As respondent No.2 has not received the said document on the ground that the same is an assigned land, the petitioners filed this writ petition.

(3.) A perusal of the D-Form patta shows that under condition No.1, the assigned land is heritable, but not alienable. Petitioner No.1, being the son of petitioner No.2, the latter is entitled to bequeath the property in favour of her own son, as such disposal does not constitute alienation in favour of third parties. Respondent No.2 has failed to find the legal distinction between the alienation in favour of third parties and family settlement among the family members.