Rukumani v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Rukumani W/o.Rangasamy

...Petitioner

Vs.

The Sub Registrar, Office of Sub Registrar, Mettupalayam, Coimbatore District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned Refusal Check Slip in RFL/Mettupalayam/6/2025 dated 08.02.2025 on the file of respondent, quash the same and consequently, direct the respondent to register the Settlement Deed dated 08.02.2025 to be represented by the petitioner and return the same after completion of registration formalities.

For Petitioner : Mr.N.Ponraj For Respondent : Mr.P.Harish Government Advocate ***** 1/4

O R D E R

This writ petition has been filed challenging the impugned Refusal Check Slip dated 08.02.2025 issued by the respondent and for a consequential direction to the respondent to register the Settlement Deed dated 08.02.2025 executed in favour of her son.

2. Heard Mr.N.Ponraj, learned counsel for petitioner and Mr.P.Harish, learned Government Advocate appearing for respondent.

3. The specific case of the petitioner is that the subject property was allotted in favour of her son through a registered partition deed dated 14.06.2024, which was registered as Document No.7988 of 2023. The 'D' schedule property in the partition deed was allotted in favour of the petitioner's son. The petitioner's son died and thereafter, the petitioner succeeded to the property. The petitioner wanted to settle the property in favour of another son and when the document was presented for registration, the same was refused to be registered by the respondent through the impugned Refusal Check Slip dated 08.02.2025 on the ground that the petitioner is dealing with the entire property 2/4

and whereas the property remains undivided among the co-owners.

4. In the considered view of this Court, the property has already been divided among the co-owners and the 'D' schedule property was allotted in favour of the petitioner's son as per the partition deed dated 14.06.2024. Therefore, there is a definite identified property that came to be allotted in favour of the petitioner's son, which was inherited by the petitioner. Hence, the petitioner can always execute a settlement deed with respect to that property in favour of another son.

5. Accordingly, the impugned Refusal Check Slip dated 08.02.2025 issued by the respondent is hereby quashed and there shall be a direction to the respondent to entertain the Settlement Deed dated 08.02.2025 and register the same, if it is otherwise in order.

N. ANAND VENKATESH, J 3/4

gm This writ petition is allowed with the above direction. No costs. 24.02.2025 Index : Yes/No Speaking Order / Non Speaking Order gm To The Sub Registrar, Office of Sub Registrar, Mettupalayam, Coimbatore District.

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