N.Prema v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI N. Prema ... Petitioner vs.
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The District Registrar (Admin) Integrated complex, Veppamara Street, Velapadi, Vellore 632 001.
3. The Sub-Registrar, Vaniyambadi Tirupattur District - 635 751 ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to receive the Sale Deed in connection with petitioner's property an extent of 815.5 Sq.Ft in T.S.No.761/part, situated at Old No.200 New No.189, Vijayaraga Iyengar Street, Periyapettai, Vaniyambadi and register the same 1/5
without insisting upon a Registered Will instead of unregistered WILL dated 22.04.2021 and pass orders.
For Petitioner : Mr.V. Raghupathi For Respondents : Mr.G. Krishna Raja Additional Government Pleader
ORDER
By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.
2.This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondent to register the petitioner's Sale Deed dated 19.03.2022 on the file of the third respondent.
3. The case of the petitioner is that the petitioner presented a Sale Deed document dated 21.03.2022 before the third respondent and also obtained token for registration. However, the said document was refused to be registered by the third respondent on the ground that the executants 2/5
cannot alienate the property based on the un-registered will. Hence the petitioner has filed the present Writ Petition to register the said document.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the second respondent to entertain the document presented by the petitioner on 21.03.2022.
5. The learned Additional Government Pleader appearing for the respondents submitted that the document presented by the petitioner will be entertained and appropriate orders will be passed, if it is otherwise in order.
6. Recording the submission made by the learned Special Government Pleader, this Court directs the third respondent to entertain the document presented by the petitioner, if it is otherwise in order and the petitioner is directed to pay requisite Stamp Duty and Registration Charges. 3/5
7. With the above observations and directions, this Writ Petition is disposed of. No costs.
24.11.2022 Index :
Yes/No Speaking order :
Yes/No smn To
1. The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. The District Registrar (Admin) Integrated complex, Veppamara Street, Velapadi, Vellore 632 001.
3. The Sub-Registrar, Vaniyambadi Tirupattur District - 635 751 4/5
M.DHANDAPANI,J.
smn 24.11.2022 5/5