IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16983 of 2009(P)
1. GEETHA, W/O. VIJAYANADHAN NAIR,
... Petitioner
2. ATHIRA K.V., D/O. VIJAYANADHAN NAIR,
Vs
1. THE DISTRICT REGISTRAR IDUKKI,
... Respondent
2. THE SUB REGISTRAR THODUPUZHA,
3. THE DISTRICT COLLECTOR
For Petitioner :SRI.JOICE GEORGE
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :21/08/2009
O R D E R
V.GIRI,J.
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W.P ( C) No. 16983 of 2009
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Dated this the 21st August,2009
J U D G M E N T
Heard learned counsel for the petitioners and
learned Government Pleader.
2. Second petitioner is the daughter of the 1st
petitioner. Second petitioner agreed to purchase 68 cents
of land from the 1st petitioner for a sale consideration of
Rs10,000/-. Thereafter, a sale deed was executed in terms
of the agreement and presented before the 2nd respondent
for registration. Second respondent has declined
registration on the ground that the property is grossly
under undervalued and actual consideration has not been
shown in the document. Hence the writ petition.
3. The Sub Registrar cannot decline to register the
document on the ground of under valuation except where
the property has been valued at a rate lower than the fair
value, if any, notified under Section 28A of the Stamp Act.
There is no such fair value notification.
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4. In the circumstances, writ petition is disposed of
directing the 2nd respondent to register the original of
Ext.P1 as and when presented by the petitioner without
reference to the objection that the actual consideration has
not been shown in the document but subject to any other
formalities that are contemplated under the Registration
Act. It is made clear that registration of the document will
not stand in the way of the competent authority of the
Stamp Act including the respondents taking appropriate
steps under Section 45B of the Stamp Act, if so advised.
(V.GIRI,JUDGE)
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