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2013 (9) TMI 834

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..... hen the relevant deed is produced, so as to have the desired relief, provided the document is otherwise in order and subject to satisfaction of the requirements under the Registration Act/Rules and satisfies the fees payable in this regard. So as to establish the identity of the petitioner, the petitioner shall produce the required materials, such as Passport or such other legally acceptable documents - Decided in favour of appellant. - WP(C).No. 29360 of 2012 (T) - - - Dated:- 4-1-2013 - P. R. Ramachandra Menon,JJ. JUDGMENT Whether there can be a bar in conveying the property over which persons of 'Indian Origin' having rights and interests, in favour of an 'Indian Citizen', is the crux of the matter to be considered, particul .....

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..... the concerned Registrar for effecting conveyance. But the same was rejected stating that no such conveyance can be effected, the assignors being foreign citizens. This made the petitioner to approach this Court by filing this writ petition seeking for appropriate reliefs. 3. The learned Counsel for the petitioner submits that the idea and understanding of the second respondent is per se wrong and illegal in all respects. An exactly similar issue had already come up before this Court, wherein the law was declared in crystal-clear terms, observing that there is absolutely no bar in transferring the land belonging to the persons of Indian Origin to Indian citizens, as borne by the decision reported in Ayisha Beebee vs. State of Kerala ( 201 .....

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..... status under FEMA 1999, if called upon by any authority under various laws of the country. " 4. Heard the learned Government Pleader as well, who submits on instruction that, the petitioner has not actually approached the second respondent and that there was no instance of refusing registration, as alleged by the petitioner. However, in view of the law declared, as above, this Court does not require any second thought to reiterate the same and to hold that the petitioner is entitled to have the reliefs sought for. 5. In the said circumstance, there will be a direction to the second respondent to effect conveyance, as and when the relevant deed is produced, so as to have the desired relief, provided the document is otherwise in order and s .....

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