Prima Facie Title and Possession Under a Registered Deed Must Be Protected: High Court

The court affirms the temporary injunction in favor of the plaintiffs, emphasizing the legal principle that a registered gift deed holds stronger possession rights over an unregistered will.

Amaravati, June 18, 2024 – The High Court of Andhra Pradesh at Amaravati has dismissed the Civil Revision Petition filed by Inala Veerabhadra Rao and others against an order of the lower appellate court, which granted a temporary injunction to Inala Talari Indira Lakshmi and others in a contentious property dispute. Justice U. Durga Prasad Rao presided over the case, focusing on the legal significance of a registered gift deed versus an unregistered will.

The dispute revolves around the ownership and possession of a property in Visakhapatnam, originally owned by the late Inala Bapanaiah, who worked as an Additional Superintendent of Police in the CBI. The plaintiffs, Indira Lakshmi (daughter of Bapanaiah) and her son, claimed ownership based on a registered gift deed executed by Bapanaiah in favor of Indira Lakshmi. The defendants, her brothers, contested this claim, presenting an unregistered will purportedly executed by Bapanaiah, which allegedly canceled the gift deed and distributed the property among all siblings.

Justice Rao emphasized the critical importance of protecting the prima facie title and possession of the property under a registered gift deed until the comprehensive suit challenging its validity is resolved. “The plaintiffs, holding a registered gift deed, have demonstrated prima facie title and possession which must be safeguarded against claims based on an unregistered will,” observed Justice Rao.

The court highlighted a significant legal issue: the validity of unilaterally canceling a registered gift deed through an unregistered will. “Without a registered instrument to cancel the gift deed, the attempt to invalidate it through an unregistered will is legally untenable,” the court noted. This principle underscores the necessity of formal procedures for the cancellation of registered deeds to ensure legal clarity and prevent fraudulent claims.

The defendants argued that they were co-owners based on the unregistered will and claimed permissive possession of the property. However, the court reaffirmed that the plaintiffs’ settled possession under the registered gift deed takes precedence. “The settled possession of the plaintiffs, as indicated by the registered gift deed, outweighs the permissive possession claimed by the defendants,” stated Justice Rao.

Justice Rao remarked, “The validity of a registered gift deed cannot be undermined by an unregistered will. Protecting the legal rights derived from a registered document is paramount until the matter is thoroughly examined in a full-fledged trial.”

The High Court’s decision to dismiss the Civil Revision Petition and uphold the temporary injunction reinforces the judiciary’s commitment to protecting legally recognized property rights. This judgment sends a clear message about the strength of registered documents in property disputes and the necessity of adhering to proper legal procedures for any cancellations or modifications. The ruling is expected to set a significant precedent for similar cases, emphasizing the reliability of registered deeds over unregistered instruments.

Date of Decision: June 18, 2024