The Madras High Court has directed the official authorities to release an original sale deed, now pending with the Special Deputy Collector (SDC) (Stamps), Chennai, to a person after getting an affidavit from him that he would not alienate the property pending orders in the proceedings under the Stamps Act.
Justice D. Hariparanthaman passed the order on a petition by R. Muniyandi alias Chandran who sought a direction to the authorities to return the sale deed of April this year.
Similar circumstances
When the matter came up for final hearing, the petitioner's counsel S.P.Sudalaiyandi, submitted that in similar circumstances, the court had directed the return of the document after getting an undertaking from those petitioners that they would not alienate the property.
The government advocate also conceded that a similar order may be passed on the present writ petition.
Disposing of the writ petition, Mr.Justice Hariparanthaman directed the SDC (Stamps) and the Sub-Registrar, Virugambakkam, to release the original sale deed subject to the petitioner filing an affidavit of undertaking not to alienate the property pending orders in the proceedings under Section 47 A of the Stamps Act.
Endorsement
He further directed the authorities to make an endorsement on the document noting the pendency of the proceedings and also make it clear that there would be a charge on the property on the difference in stamp value, if any.
