Haramohan Sahoo vs State Of Odisha & Others Vs

Ananda Chandra Behera, J

This  writ  petition  under  Article  226  &  227  of  the Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Athagarh (Opp. Party No.3) to receive and register the deed for sale under Annexure-1, as the Opp. Party No.3 is not receiving the deed for sale under Annexure-1 of the petitioner expressing that, the said deed for sale (Annexure-1) cannot be received and registered, as the petitioner being one of the co-owner of the properties is trying to alienate the joint and undivided properties without the consent of his co-owners.

Heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.

On the aspect of non-receiving of any deed for sale through verbal denial and alienation of property by one co-owner without the consent of other co-owners has already been clarified in the ratio of the following decisions:

(i). In a case between North East Infrastructure Private Limited and Ors. Vrs. The State of Andhra Pradesh and Ors. reported in 2025 (2) Civ.C.C. 220 (Andhra Pradesh) that, the Sub-Registrar cannot orally refuse to receive the document and would consider the fitness of it for registration or otherwise. Section 71 of the Registration Act, 1908 empowers the Registration Authorities to receive a document which is presented for registration and process the same, and thereafter, either register such sale deed or any other document or pass a refusal order.

(ii). in a case between Damodar Mishra Vs. State of Odisha & Others decided in WP(C) No.4340 of 2025 on dated 03.04.2025 that,

“As per Section 44 of the T.P. Act, 1882, a co-sharer/co-owner has his/her inherent right to alienate his/her share/interest in the Joint and Undivided properties to the extent of his/her share. Therefore, even there will be any sale of specific portion of land in the joint and undivided properties by one co-owner of the same indicating boundaries thereof, still then, the said transfer/sell would be deemed as a transfer of share of the vendor in the said joint and undivided property.

Any executive instruction or circular issued by any authority including Government contrary to the statutory law envisaged under Section 44 of the T.P. Act, 1882 restricting a co-owner/co-sharer to alienate his/her undivided share/interest in the joint and undivided property shall be deemed as non-est. Because, executive instructions and circulars have no applicability where statutory law governs the field.”

By applying the above clarified propositions of law enunciated in the ratio of the aforesaid decisions to this matter at hand, it is held that, the Sub-Registrar, Athagarh (Opp. Party No.3) should not have refused orally to receive the deed for sale presented by the petitioner for registration and also should not have refused to register the said deed on the ground that, he (petitioner) is trying to alienate/transfer his undivided interest in the joint properties without the consent of his co-owners. Because, as per law, he (petitioner) alone has his inherent right to sell his undivided share in his joint and undivided properties without the consent of his co-owners.

For which, on the basis of the above findings and observations, this writ petition is to be disposed of finally.

The Sub-Registrar, Athagarh (Opp. Party No.3) is directed to receive the deed for sale if presented by the petitioner for alienation of his undivided interest/share in the properties covered in that deed without indicating the boundaries thereof even without the consent of his co-sharers (co-owners) and the Sub-Registrar, Athagarh (Opp. Party No.3) shall act upon the same according to The Indian Registration Act, 1908 and The Orissa Registration Rules, 1988.

If registered, after registration of the said sale deed, the Sub-Registrar, Athagarh (Opp. Party No.3) shall return that sale deed to the petitioner within 3 days of its registration after complying all the formalities thereof as per the Rule 100 of The Orissa Registration Rules, 1988 and Notification No.2915 dated 02.08.2017 of I.G.R of Odisha.

Accordingly, the writ petition is disposed of finally.

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