Madras High CourtWP/10981/2026disposed of

Lalitha Kumar v. The Inspector General Of Registration,

2026-03-18Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Lalith Kumar ..Petitioner(s) Vs

1. The Inspector General of Registration, Registration Department, Government of Tamil Nadu, Santhome, Chennai-600 004

2. The Sub Registrar, Sooramangalam, Salem, Salem District.

..Respondent(s) Calling for the records of the impugned refusal order dated 30.01.2026 in Refusal No.RFL/ Sooramangalam/ Book 2/ 1 passed by the 2nd respondent and quash the same consequently direct the 2nd respondent to register the settlement deed of the petitioner dated 30.01.2026 for its registration forthwith.

For Petitioner(s):

Mr.M.R.Elavarasan For Respondent(s):

Mr.P.Harish Govt Advocate Order This writ petition has been filed, challenging the impugned refusal check slip dated 07.02.2026 issued by the second respondent, refusing to register the

settlement deed, presented by the petitioner for registration on the ground that the parent document produced by the petitioner is an un-registered Will. 2.The petitioner has challenged the impugned order on the ground that there is no necessity for the petitioner to produce a registered Will as it is legally permissible for a Will to be unregistered. According to the petitioner, by total non-application of mind, the impugned refusal slip has been issued. 3.Mr.P.Harish, learned Government Advocate appearing for the respondents would submit that the patta produced by the petitioner discloses four names, which include the petitioner. He would submit that the petitioner will have to produce the subdivided patta to enable the second respondent to register the settlement deed, presented by the petitioner for registration. 4.

Learned counsel for the petitioner, on instructions, would submit that the petitioner is willing to produce the subdivided patta, standing in the name of the petitioner for the property, which is the subject matter of the settlement deed, presented by the petitioner for registration. The said undertaking given by the learned counsel for the petitioner on behalf of the petitioner is recorded.

5.Insofar as the requirement for the petitioner to produce a registered document, namely, the Will is concerned, it is settled law that a Will need not be registered as the said document is not compulsory registrable. 6.After recording the rival submissions, this Court directs the second respondent to register the settlement deed, presented by the petitioner for registration on production of the subdivided patta for the property, which is the subject matter of the settlement deed, standing in the name of the petitioner, if the settlement deed is otherwise in order, within a period of four weeks from the date of re-presentation of the settlement deed by the petitioner for registration. Since the impugned refusal check slip dated 07.02.

2026 has been passed by the second respondent by total non-application of mind to the settled legal position that there is no requirement for a Will to be registered, necessarily, the impugned refusal check slip dated 07.02.2026 has to be quashed by this Court. Accordingly, the impugned refusal check slip dated 07.02.2026 issued by the second respondent is hereby quashed and this writ petition is disposed of. No costs.

18-03-2026 VGA

1. The Inspector General of Registration, Registration Department, Government of Tamil Nadu, Santhome, Chennai-600 004

2. The Sub Registrar, Sooramangalam, Salem, Salem District.

ABDUL QUDDHOSE J.

VGA 18-03-2026