V.K.Santhakumari @Shanthinathan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy V.K.Santhakumari @ Shanthinathan
...Petitioner
Vs.
1. The Inspector General of Registration 100, Santhome High Road, Mullima Nagar, Mandavlipattakam, Raja Annamalai Puram, Chennai - 600 028.
2. The Sub-Registrar-Anna Nagar, Combined Sub-Registrar Office, No.576, Mogappair West, 1st Floor, Ambattur Industrial Estate, Chennai - 600 037.
...Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records of the refusal slip No.RFL/Anna Nagar/99/2025 issued by the second respondent dated 28.07.2025 and to quash the same and consequently, to direct the second respondent to register the Gift Deed, which was presented by the petitioner for registration on 28.07.2025. For Petitioner : Ms.Thenmozhi Shivaperumal For Respondents : Mr.U.Baranidharan Special Government Pleader 1/8
Order Heard Ms.Thenmozhi Shivaperumal, learned counsel appearing for the petitioner and Mr.U.Baranidharan, learned Special Government Pleader, who takes notice on behalf of the respondents. With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.
2. Challenge in this Writ Petition is to the Refusal Slip issued by the second respondent dated 28.07.2025 and to quash the same and consequently, to direct the second respondent to register the Gift Deed, which was presented by the petitioner for registration on 28.07.2025
3. Learned counsel for the petitioner would submit that the petitioner decided to settle her property in favour of her daughter out of love and affection, and accordingly, executed a gift/settlement deed in respect of the subject property, however, when the same is presented for registration, the second respondent by virtue of impugned Refusal Slip dated 28.07.2025 refused to register the document by citing the reason that the name 2/8
mentioned in the Sale Deed dated 16.04.1984 is different from that of the name mentioned in the Gift Deed presented for registration dated 28.07.2025.
3.1 It is the contention of the learned counsel for the petitioner that originally, the petitioner's name is ''Shanthakumari'', after her marriage with one Mr.Vilvanathan, she changed her name from Shanthakumari into Shanthinathan; that since the subject property was purchased by the petitioner after marriage, the subject property was got registered in the name as ''Shanthinathan'' wife of A.Vilwanathan; that both the names, Shanthinathan and Shanthakumari refer to one and the same person (petitioner herein); that therefore, there is no dispute with regard to the title of the property and hence, the refusal made by the second respondent citing the mismatch in the name is unsustainable and thus, seeks for quashing the impugned Refusal Slip.
4. The learned Special Government Pleader (T) for the respondents submitted that since the name mentioned in the original title deed dated 3/8
16.04.1984 is different from that of the one mentioned in the Gift Deed dated 28.07.2025, the second respondent refused to register the Gift Deed presented by the petitioner, however, if any order is passed by this Court, directing the respondents to register the Gift Deed dated 28.07.2025, the same would be complied with.
5. I have given due consideration to the submission made by the learned counsel for both sides and perused the materials available on record.
6. The petitioner's name is ''Shanthakumari''. After she got married with one Mr.A.Vilwanathan, in the year 1972, she changed her name from Shanthakumari into Shanthinathan, by adding her husband's name, ''Nathan'', in her name as ''Shanthinathan'' (i.e. by replacing suffix of her's name'' Kumari'' with suffix of her husband's name ''Nathan''). Since the subject property was purchased by the petitioner after marriage, the same was registered in the name as ''Shanthinathan'' wife of A.Vilwanathan. When this Court posed a question as to why, the petitioner has not taken any steps to change her name in the Official Gazette, the learned counsel 4/8
expressed the difficulty of the petitioner by stating that except in the Original Sale Deed dated 16.04.1984 purchased in the name of Shanthinathan, in all other public records, viz,. pension book, bank account, etc. the petitioner's name has been mentioned as ''Shanthakumari'' and hence, it would be difficult for the petitioner to change in all the Government records, which appears to be convincing and reasonable. 6.1 Thus, considering the fact that both the names, Shanthinathan and Shanthakumari refer to one and the same person, (viz., petitioner herein); that apart, when there is no dispute with regard to the title of the property and intention of the petitioner to dispose of the property is also bone fide, (viz., that the petitioner's husband pre-deceased her and due to age-factor has decided to settle the property in favour of one V.Anuradha, who is none other her daughter) this Court is of the view that there wouldn't be any impediment for the respondents to register the Gift Deed presented by the petitioner.
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6.2 Accordingly, this Court is inclined to pass/issue the following order/direction:- i) The impugned Refusal Slip issued by the second respondent dated 28.07.2025 is set aside.
ii) The second respondent is directed to register the Gift Deed dated 28.07.2025 immediately upon re-presentation of the same by the petitioner forthwith by mentioning the name of the petitioner in the said document as ''V.Shanthakumari @ Shanthinathan, wife of A.Vilwanathan.
7. In the result, the Writ Petition is allowed on the aforesaid terms. No costs.
14.10.2025 sd Index : yes/no To
1. The Inspector General of Registration 100, Santhome High Road, Mullima Nagar, Mandavlipattakam, 6/8
Raja Annamalai Puram, Chennai - 600 028.
2. The Sub-Registrar-Anna Nagar, Combined Sub-Registrar Office, No.576, Mogappair West, 1st Floor, Ambattur Industrial Estate, Chennai - 600 037.
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Krishnan Ramasamy,J., sd 14.10.2025 8/8