HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.2735 of 2010 Date: February 19, 2010 Between: Smt. Ameena Khatoon, W/o. Ghulam Hussain Alias Ghulam Rasool, aged about 60 years, Occ: household duties, R/o.H.No.42-100, Moula Ali, Ranga Reddy District … Petitioner And The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Malkagiri Circle, Malkajgiri, Ranga Reddy District … Respondent Order: This writ petition is filed questioning proceedings Rc.No.A1/1868/GHMC/09, dated 09-09-2009, issued by the respondent, by which the petitioner was asked to submit registered documents in support of her application dated 28-05-2008. The case of the petitioner is that her husband by name Sri Ghulam Hussain alias Ghulam Rasool purchased house bearing No.42-100, built in an area of 82 sq. yards, at Moula Ali, in the name of their son by name Sri Qamruddin, when he was a minor, by registered sale deed dated 31-12-1988. It is stated that when the said Sri Qamruddin attained majority, he gifted the property in question orally in favour of the petitioner on 01-05-2004 and delivered possession thereof. It is further stated that on 18-10-2004, he confirmed the oral gift dated 01-05-2004. The grievance of the petitioner is that when she has applied for change of name in the property records maintained by the respondent-Corporation, by application dated 28-05-2008, the impugned proceedings are issued asking her to submit registered gift deed. It is submitted by learned counsel for the petitioner that the son of the petitioner, Sri Qamruddin, on 18-10-2004, executed declaration of past oral gift dated 01-05-2004 and the said declaration is not a gift as such and it only records the earlier oral gift and hence no registration is necessary. A perusal of the impugned proceedings would indicate that the same appears to have been issued treating the declaration made by the son of the petitioner as a gift itself. It is now well settled that if an instrument records the earlier oral gift, as permissible under Muslim Personal Law, the same need not be registered and it is not a compulsorily registerable document within the meaning of Section 17 of the Registration Act, 1908. In that backdrop, the impugned proceedings are fit to be set aside. Accordingly, proceedings dated 09-09-2009 issued by the respondent are set aside. Further, there shall be a direction to the respondent to consider the application of the petitioner dated 28-05- 2008 for change of name in the records concerned, with regard to house bearing No.42-100, Moula Ali, afresh, without insisting for registration of the instrument, whereby the earlier oral gift made by her son in her favour is confirmed. However, such consideration shall be in accordance with the Hyderabad Municipal Corporations Act, 1955 and the rules made thereunder. The writ petition is accordingly disposed of, with no order as to costs. _____________________ (R. SUBHASH REDDY, J) February 19, 2010 MRR