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Madras High CourtWP(MD)/1392/2024disposed of

N.Senthilkumar v. The Sub Registrar

2024-01-24Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 24.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1392 of 2024 and W.M.P.(MD)No.1435 of 2024 N.Senthilkumar

...Petitioner

/Vs./ The Sub Registrar, Aruppukkottai, Virudhunagar District.

...Respondent

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Refusal Check Slip dated 12.01.2024 in RFL/Aruppukkottai/1/2024 issued by the respondent and quash the same as illegal and consequently direct the respondent to register the Sale deed dated 12.01.2024 executed by the petitioner in favour of one Mr.R.Sankarsubbu on representation if otherwise in order, within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.A.Mohan For Respondent : Mr.C.Satheesh Government Advocate 1/6

ORDER

This writ petition has been filed challenging the impugned Refusal Check Slip dated 12.01.2024 in RFL/Aruppukkottai/1/2024 issued by the respondent and seeking for a further direction to the respondent to register the sale deed dated 12.01.2024 executed by the petitioner in favour of one Mr.R.Sankarsubbu on representation if otherwise in order.

2. The case of the petitioner is that the subject properties originally belonged to the father of the petitioner, who died on 27.12.2022 leaving behind the petitioner, his brother and his sister as legal heirs. According to the petitioner, during the lifetime of his father, he has bequeathed the subject properties in favour of the petitioner. Since then, the petitioner has been in possession of the same. He has also been issued with patta. In order to sell the subject properties, the petitioner has executed a sale deed dated 12.01.2024 in favour of one R.Sankarsubbu and when it was presented before the respondent, with all supporting documents, the respondent issued the refusal check slip dated 12.01.2024 stating that will is an unregistered document and it requires a probate. Aggrieved over the same, the present writ petition has been filed. 2/6

3. The learned Government Advocate appearing for the respondent submits that the sale deed cannot be accepted as the will is an unregistered one. Once the petitioner proves the genuineness of the documents filed by him, the respondent will accept the sale deed for registration. He further submits that if any dispute arises between the parties, the genuineness of the will has to be proved.

4. In reply to the submission of the learned Government Advocate, the learned counsel appearing for the petitioner submits that there is no dispute between the parties regarding the genuineness of the will and the will has already been accepted by the revenue officials and they have also issued patta in favour of the petitioner. He further submits that a compromise decree has already been obtained before the District Munsif Court, Aruppukkottai on 23.09.2010, which suit was filed by the petitioner and other family members seeking the relief of partition As per the compromise decree entered into between the parties, the petitioner is entitled to his share and the same can be verified by the registering authorities.

5. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 3/6

6. Considering the facts and circumstances of this case, the petitioner is at liberty to produce all the necessary documents, such as copy of the compromise dated 23.09.2010 on the file of the District Munsif Court, Aruppukkottai, legal heirship certificate and patta, before the respondent to enable him/her to register the sale deed. On receipt of the same, the respondent is directed to verify those documents and register the sale deed, if it is otherwise in order, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

24.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6

TO:- The Sub Registrar, Aruppukkottai, Virudhunagar District.

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V.BHAVANI SUBBAROYAN, J.

sm Order made in W.P(MD)No.1392 of 2024 Dated:

24.01.2024 6/6