Maragadham v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. MARAGADHAM Wife Of Late Subannan, No. 4/6 Kotaikatuvalasu, Thatampalayam, Kondhalam Village, Kodumudi Taluk, Erod Distirct

2. GOPI Son Of Late Subannan No. 7/16 Thampalayam, Kondhalam Village, Kodumudi Taluk, Erod District, Petitioner(s) Vs

1. The Sub Registrar Sivagiri, Erode Distirct Tamilnadu 627757 Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India to call for the records of the respondents in refusal check slip bearing no RFL/Sivagiri -Erode /13/2025 dated 28.01.25 quash the same as illegal and consequently direct the respondents to register the sale deed dated 28.01.2025 For Petitioner(s):

Anoj Ilangovan For Respondent:

Mr.U.Bharanidharan, Additional Government Pleader

ORDER

This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 28.01.2025 and for a consequential direction to the respondent to register the sale deed dated 28.01.2025 and release the document.

2.

Heard Mr.Anoj Ilangovan, learned counsel for the petitioner and Mr.U.Bharanidharan, learned Special Government Pleader for respondent.

3.

The only reason that has been assigned in the impugned refusal check slip issued by the respondent is that the Will that has been relied upon is an unregistered document and therefore, the respondent was not inclined to register the sale deed. 4.

The issue involved in the present writ petition is squarely covered by the earlier orders passed by this Court in WP Nos.16999 of 2020 and 3382 of 2025, wherein this Court has categorically held that Will is not a compulsorily registrable document and therefore, a registration cannot be denied on that ground. 5.

In the light of the above discussion, the impugned refusal

check slip issued by the respondent dated 28.01.2025 is hereby quashed and there shall be direction to the respondent to register the sale deed, if it is otherwise in order.

6.

This writ petition is allowed with the above directions. No costs.

17-03-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

N.ANAND VENKATESH J.

rka To 1.The Sub Registrar Sivagiri, Erode Distirct Tamilnadu 627757 17-03-2025