Dehradun: Uttarakhand high court dismissed a petition filed by Shishya Society, Atak Farm, seeking registration of a gift deed for 300 square metres of land in Selakui, Dehradun, after holding that a gift was also a recognised mode of property transfer and could not be kept outside land-transfer restrictions meant for societies and institutional bodies. The court, however, faulted the sub-registrar for keeping the document pending for more than two years without registering it, formally refusing it or referring it to the competent authority.Justice Pankaj Purohit delivered the judgment on April 30 on the society’s plea seeking registration of the deed and a declaration that restrictions under section 154 of Uttarakhand Zamindari Abolition and Land Reforms Act, 1950, did not apply to a gift transaction. The petition arose from a gift deed dated July 17, 2018, executed by Inter Mission Industrial Development Association in favour of the petitioner society.Case records showed that the deed was presented before sub-registrar, Vikas Nagar, registration fees were deposited and a receipt was issued. The society said the document was neither returned nor acted upon conclusively for more than two years despite complaints and Right to Information (RTI) applications.The society argued, “Section 154 primarily restricts sale transactions and does not apply to gratuitous transfers such as gifts.” It also said, “Even if the provision applies, authorities must follow the statutory procedure instead of withholding the document indefinitely.” State opposed the plea and maintained that section 154 covered all forms of transfer, including gifts. It argued, “Prior sanction was mandatory because the land was being transferred to a society for non-agricultural purposes.”HC accepted state’s interpretation. Referring to sections 5 and 122 of Transfer of Property Act, it held that a gift was plainly a transfer of property. It also noted that section 154(1) expressly used the words “sale or gift”, making it clear that both forms of transfer came under the restriction.HC held that the exemption allowing purchase of up to 250 square metres without permission applied only to individuals for residential purposes and not to societies. Since the society had not obtained prior sanction from state govt, the transaction could not be sustained in law .Refusing to issue a mandamus for registration, HC directed sub-registrar to act under section 154(5) within 15 days by referring the matter to the collector, Dehradun, for determination in accordance with law.
