Sajaji v. The District Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY Sajaji, W/o.Syed Motheen, No. 106, Pillaiyar Kovil Street, Kalathur, Ranipet District - 632 531.

..Petitioner Vs

1. The District Registrar, Office of the District Registrar, Ranipet District.

2. The Sub-Registrar, Office of the Sub Registrar, Kaverippakkam SRO, Ranipet District.

..Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Refusal Check Slip Refusal Number. RFL/Kaverippakkam/52/2025 dated 25.09.2025 issued by the 2nd respondent herein quashes the same and consequently directs the respondent herein to register the Release Deed dated 25.09.2025 executed by the Petitioner to and in favour of her daughter, Mrs.Mavubbee, within a stipulated period. For Petitioner:

Ms. R.Saritha For Respondents:

Mr. U.Baranidharan, SGP

ORDER

The petitioner had executed release deed dated 25.09.2025 in respect of 1/6th share in the property bearing new natham S.No.881/25. Upon presentation thereof, the impugned refusal check slip was issued.

2. Learned counsel for the petitioner submits that the petitioner's mother-in-law, Mrs.Saaraambee, had settled the property by way of an oral gift as per Muslim law. She submits that the refusal to register for non-production of the death certificate and legal heirship certificate is not sustainable.

3. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for both the respondents. He submits that the petitioner may provide an explanation, particularly with regard to the hibba/oral gift. Upon consideration thereof, he submits that a speaking order would be issued by the Sub-Registrar.

4. On perusal of the impugned refusal check slip, it is evident that the petitioner was called upon to produce the death certificate and legal heirship certificate of Mrs.Saaraambee. Therefore, it is open to the petitioner to provide an explanation with regard to the hibba and also set out reasons for the inability to produce the death certificate and legal heirship certificate. On receipt of such explanation, the Sub-Registrar shall consider the same and thereafter shall issue a speaking order under Section 71 of the Registration Act, 1908. Such speaking

order shall be issued within two weeks from the date of receipt of the petitioner's explanation.

5. With the above observations, the writ petition stands disposed of without any order as to costs.

16-12-2025 Index : Yes/No Internet:Yes/No kj To

1. The District Registrar, Office of the District Registrar, Ranipet District.

2. The Sub-Registrar, Office of the Sub Registrar, Kaverippakkam SRO, Ranipet District.

SENTHILKUMAR RAMAMOORTHY, J.

kj 16-12-2025