C.Mayavan v. The Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2026

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY C.Mayavan S/o. A.P. Chinnapillai, Alinjikulam Village, Vaniyambadi Taluk, Tirupattur District.

..Petitioner(s) Vs

1. The Inspector General of Registration 100, Santhome Road, Chennai

2. The District Registrar, Tirupattur, Tirupattur District.

3. The Sub Registrar Ambur, Tirupattur District.

..Respondent(s) PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Refusal Check Slip No.RFL/Ambur/3/2026, dated 08.01.2026 issued by the Respondent 3 and to quash the same as illegal, incompetent and further direction to the respondent-3, to register the Settlement Deed dated 07.01.2026 with in time frame on its representation by the petitioner.

For Petitioner(s):

Mr.P.A.Sudesh Kumar For Respondent(s):

Mr.S.Jayachandran, Government Advocate

ORDER

Asserting title under sale deed dated 13.03.2007, the petitioner executed settlement deed dated 07.01.2026 in favour of his sons and presented the same for registration. Such request for registration was declined under impugned refusal check slip dated 08.01.2026.

2. Adverting to the refusal check slip, learned counsel for the petitioner submits that the request was rejected on the ground that the Will is unregistered and by directing the petitioner to approach the jurisdictional civil court for an order before re-presenting the same.

3. Mr.S.Jayachandran, learned Government Advocate, accepts notice for all the respondents.

4. On perusal of the Will, it is evident that the Will was executed in a village in Vaniyambadi Taluk and the assets bequeathed therein are also situated in Vaniyambadi Taluk. Consequently, even prior to the recent amendment to the Indian Succession Act, it was not necessary to obtain probate or letters of administration. Under the Registration Act, 1908, the registration of

a Will is optional and not compulsory. Therefore, the impugned refusal check slip cannot be sustained and is hereby set aside. As a corollary, the petitioner is permitted to re-present the settlement deed. If re-presented within two weeks from the date of receipt of a copy of this order, subject to fulfilment of other requirements relating to registration, the registering officer shall register the document unless there is evidence that this was not the last Will or on receipt of an order from a jurisdictional civil court restraining registration.

5. This writ petition is disposed of on the above terms. No costs. 19-02-2026 Index: Yes/No Speaking/Non-speaking order RNA To

1. The Inspector General of Registration 100, Santhome Road, Chennai

2. The District Registrar, Tirupattur, Tirupattur District.

3. The Sub Registrar Ambur, Tirupattur District.

SENTHILKUMAR RAMAMOORTHY, J.

RNA 19-02-2026