Registration Act, 1908 – Section 22-A(1)(c) (A.P. Amendment) – Prohibition of registration – Properties belonging to Religious and Charitable Endowments – Documents relating to transfer of such properties executed by persons not authorized under Endowments Act cannot be registered – Once property is entered in the statutory register maintained under Section 43 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, the registering authority is justified in refusing registration. (Paras 8, 10, 11)

advocatemmmohan

Registration Act, 1908 – Section 22-A(1)(c) (A.P. Amendment) – Prohibition of registration – Properties belonging to Religious and Charitable Endowments – Documents relating to transfer of such properties executed by persons not authorized under Endowments Act cannot be registered – Once property is entered in the statutory register maintained under Section 43 of the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987, the registering authority is justified in refusing registration.

(Paras 8, 10, 11)

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A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Section 43 – Register of endowment properties – Entry of property in statutory register – Once property is incorporated in the register after following procedure under Section 43(4) & (5), it is treated as property belonging to the endowment institution for purposes of Section 22-A of the Registration Act.

(Paras 6–8, 11)

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Registration Act – Section 22-A – Clauses (b), (c) and (e) – Distinction – Properties owned by Government or religious endowments fall under clauses (b) and (c) – Notification under clause (e) required only when claim relates to “avowed or accrued interest” and not ownership – Reliance placed on Full Bench judgment in Vinjamuri Rajagopala Chary v. State of Andhra Pradesh.

(Para 10)

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Writ Jurisdiction – Subsequent events – Consideration by appellate court – Even though on the date of the Single Judge’s order the property was not entered in the register, subsequent entry in the statutory register during pendency of appeal can be taken into account – Once property stands entered in the Endowments register, registration of transfer document cannot be directed.

(Para 11)

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Registration – Refusal of registration – Validity – Registering authorities justified in refusing registration of documents relating to properties falling under Section 22-A(1)(a) to (d) when competent authorities communicate the list of prohibited properties.

(Para 10)

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RESULT

Writ Appeal Allowed –
Judgment and order dated 31-07-2012 in W.P. No.29963 of 2011 set aside – In view of subsequent entry of the property in the register maintained under Section 43 of the Endowments Act, 1987, registration of the document relating to the property cannot be directed – No costs – Pending miscellaneous applications closed.
(Para 11)