← Library
Madras High CourtWP/39946/2025disposed of

U.Harinath v. The Inspector General Of Registration Department

2025-10-27Honourable Mr Justice Krishnan Ramasamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 27.10.2025

CORAM

THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.No.39946 of 2025 U.Harinath ...

Petitioner Vs.

1. The Inspector General of Registration Department, Santhome Highway, Chennai-600 028.

2.The District Registrar, Tambaram District, Registration Department, Registration Office Complex, Tambaram, Chennai-600 045.

3.The Sub-Registrar, Nandivaram, Guduvanchery -603 202.

...

Respondents 1/7

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 3rd Respondent to register Gift Deed Petitioners ancestral properties bearing Plot No.16 Old Survey No.97/16 New Survey No.97/1A1A, Plot No.261 Old Survey No.97/4 New Survey No.97/1A1A, Plot No.263 Old Survey No.97/11, 97/1A1A, Plot No.266, Old Survey No.97/13 New Survey No, 97/1A1A Plot No.89 and 90 Old Survey No.47/5 New Survey No.47/6A1A1A1A1A, Plot No.158, 159 old Survey No.97/14 New Survey No.97/1A1A, Plot No.192, 193, Plot No.139 and Plot No.140 at Murugamangalam Village of Guduvanchery Taluk and Chengalpattu District by considering petitioners representation dated 23.07.2025 For Petitioner : Mr.Suriyamuthu N For Respondents : Mr.U.Baranidharan Special Government Pleader ***

O R D E R

Mr.U.Baranidharan, learned Special Government Pleader 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. The learned counsel appearing for the petitioner would submit 2/7

that the aforesaid properties are the ancestral properties of the petitioner. While so, the petitioner executed a Gift Deed dated 11.07.2025 in favour of his daughter, with respect to the aforesaid properties. When the same was presented before the 3rd respondent, along with patta and copies of parent/title documents, the said Authority refused to receive the same by stating that the registration cannot be done in the absence of original parent/title documents. In this regard, the petitioner submitted a representation to the respondents on 23.07.2025, stating that the registration can be done with certified documents as well. However, no action has been taken on the said representation till date. Therefore, the petitioner has filed this writ petition seeking for the aforesaid relief.

3. The learned Special Government Pleader appearing for the respondents would submit that in the present case it appears that the Gift Deed has been orally rejected by the 3rd respondent, but no order has been passed to that effect. However, he would fairly submit that original documents are not required for the registration of the Gift Deed. He therefore prays for appropriate orders.

3/7

4. Heard both sides. Perused the records.

5. In the case on hand, the petitioner executed a Gift Deed dated 11.07.2025 in favour of his daughter with respect to the subject properties which are the ancestral properties and when the same was presented before the 3rd respondent along with patta and copies of parent/title documents, the said Authority refused to register the same by stating that the registration cannot be done in the absence of original parent/title documents. When the patta with respect to the aforesaid properties along with copies of parent/title documents have been produced before the 3rd respondent, there is no impediment for the 3rd respondent to register the Gift Deed presented by the petitioner. The 3rd respondent ought not to have insisted upon the original parent/title documents for registration of the Gift Deed.

6. In such view of the matter, this Court is inclined to direct the 3rd respondent to register the Gift Deed executed by the petitioner dated 4/7

11.07.2025.

7. Accordingly, the 3rd respondent is directed to register the Gift Deed dated 11.07.2025, immediately upon the re-presentation of the same by the petitioner, if it is otherwise in order, without insisting upon the production of the original title/parent document. With the above directions, this Writ Petition is disposed of. No costs.

27.10.2025 Speaking/Non-speaking order Index : Yes / No arr 5/7

To

1. The Inspector General of Registration Department, Santhome Highway, Chennai-600 028.

2.The District Registrar, Tambaram District, Registration Department, Registration Office Complex, Tambaram, Chennai-600 045.

3.The Sub-Registrar, Nandivaram, Guduvanchery -603 202.

6/7

KRISHNAN RAMASAMY.J., arr 27.10.2025 7/7

8/7