CHENNAI: The Madras High Court has quashed an order of the registration department in the Nilgiris district refusing to register a partition deed of a Hindu Undivided Family (HUF) on the ground that certain properties stood in the name of one of the members of the family and so they are his self-acquired properties.
Justice Krishnan Ramasamy, in a recent order, said that in the present case, the properties which stand in the name of an individual are purchased from and out of the sale proceeds of the joint family.
Merely because, the properties stand in the name of that individual, it cannot be treated as his self-acquired properties when none of the family members involved in the partition deed has disputed this aspect; he is holding the title of the properties not only on his behalf but also on whole of the family.
The judge observed that the respondent authorities refused to register the partition deed “by totally misconstruing the aspects” that certain properties belonging to the Hindu Undivided Family as being self-acquired properties of the petitioner and also “misinterpreted Article 45 of the Tamil Nadu Stamp Act”, which is not sustainable.
He set aside the impugned order of the District Registrar (Administration) and consequently, directed the sub-registrar to register the partition deed forthwith upon representation.
The orders were passed on the petitions filed by E P Nanjundan and his family members challenging the District Registrar’s 2024 order refusing to register the partition deed presented by the combined family members.
The petitioner (Nanjundan), his brothers – Mahalingam and Mani – were the sole legal heirs to the properties of their father Puttaiyan who died in 1990. Since Mani died in 2005, his wife and children were made legal heirs.
Since the properties were in joint possession, they made a partition deed and presented it for registration before the Kotagiri sub-registrar in terms of Article 45 of the Tamil Nadu Stamp Act. He refused to register stating certain properties stood in the name of Nanjundan holding that they are his self-acquired properties. Challenging the refusal to register the partition deed, the petitioners approached the court.
