P.A.M.Abdulkhader v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4382 of 2025 P.A.M.AbdulKhader ... Petitioner Vs.

1.The Inspector General of Registration, No100, Santhome High Road, Mandaiveli, Chennai 600 028.

2.The District Registrar, Thiruvallur 602 001.

3.The Sub Registrar, Perambakkam, Thiruvallur District 631 402.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for records of the refusal slip vide reference No.RFL/PERAMBAKKAM/67/ 24 of 3rd respondent quash the same and consequently direct the 3rd respondent to register the settlement deed dated 30.12.2024 executed by the petitioner in favour of his Son viz Mr.P.M.Mohammed Sulaiman.

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For Petitioner : Ms.H.Mubena Almas for Mr.A.Syed Kaleesha For Respondents : Mr.K.Karthick Jagannath Government Advocate

O R D E R

This writ petition has been filed challenging the impugned refusal Check Slip issued by the 3rd respondent dated 30.12.2024 and for a consequential direction to the 3rd respondent to register the Settlement Deed dated 30.12.2024 executed by the petitioner in favour of her son. 2.Heard Ms.H.Mubena Almas, learned counsel appearing on behalf of the petitioner and Mr.K.Karthick Jagannath, learned Government Advocate appearing on behalf of respondents 1 to 3.

3.The refusal Check Slip has been issued by the 3rd respondent on the ground that the petitioner did not produce the original title document to the property. According to the petitioner, the original title document has been lost and 2/5

it is not available. This Court has repeatedly held that such insistence for original title document should not be made and more particularly, where the property is being transferred within the family members. In view of the same, it will suffice if clause is added in the Settlement Deed stating the reason for the non-production of the original title document. Thereafter, the document shall be re-presented before the 3rd respondent and in which event, the same shall be entertained and registered, if it is otherwise in order.

4.In the result, this writ petition stands allowed with the above directions. No Costs.

13.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The Inspector General of Registration, No100, Santhome High Road, Mandaiveli, Chennai 600 028.

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2.The District Registrar, Thiruvallur 602 001.

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N. ANAND VENKATESH, J.

ssr 3.The Sub Registrar, Perambakkam, Thiruvallur District 631 402.

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