1) take out contempt of court proceedings against registrar for failing to comply with HC orders
Registrar refusal to register court final degree in partition
The ap high court degreed landed property belonging to my mother and grandfather. my two brothers sold away valuable portion of the property while the court case was pending. the high court ordered equities and allotted the remaining one property to me. the judge issued a letter to the registrar to register this property in my name. the judge also mentioned that this is a partition suit. in this case 1% value of registration and stamp duty paid. but the registrar is not willing to consider this as a partition suit as two other shares of my brothers ( they sold away their portion). not mentioned in the court order. he can not accept this as a partition suit and hence refused to registration and demanding 3% registration and stamp duty to be paid. kindly advise me .
a. girija
9866470047Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
A. Ask endorsement towards rejection to register and the sub registrar has to be issued endorsement in writing by recording reason to refuse the same.
B. You can file an interim application before the Court by narrating all these facts and submit the same before the court as being Contempt nature.
C. You can appeal before the District Registrar against the Sub Registrar decision by submitting endorsement issued by them.
the contents of the High Court order are very important to provide best advise.
1.Did you not seek temporary injunction from the court during the pendency of the case?
2. In these circumstances it is impossible to form an opinion without perusal of the decree of the HC. So consult a lawyer with a copy of the decree passed by the HC.
Without knowing the court decree or judgment and also the reasons stated by the registrar demanding excess stamp duty any opinion given in this regard whall be a misleading one.
However please be aware that the court will not issue letter to registrar, the court will pass orders instructing the registrar to register the property as per the orders mentioned in the court order.
If the registrar is refusing to obey the court order, contempt proceedings may initiated against him.
Consult your advocate in this regard for all such further proceedings.
