Madras High CourtWP(MD)/7940/2026allowed

R.Sudalai Mani v. The District Registrar

2026-03-25Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Sudalai Mani ... Petitioner Vs.

1.The District Registrar, O/o. The District Registrar, Tenkasi District.

2.The Sub Registrar, O/o. Puliyangudi Sub Registrar, Puliyangudi, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Refusal Order in RFL/Puliyangudi//15/2026 dated 06.03.2026 issued by the second respondent and set aside the same as illegal and further to direct the second respondent to register the petitioner's Settlement Deed dated 03.03.2026 on the file of the second respondent office.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.D.S.Nedunchezhian Government Advocate Page No. 1 of 4

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip dated 06.03.2026.

2. When the petitioner presented a Settlement Deed for registration on the basis of the title derived through a Will, the same has been refused registration on the ground that the Will is unregistered and is not probated.

3. A Will is not a compulsorily registrable document and probate is also not mandatory unless the testator died within the original jurisdiction of Madras or the property is situated within the said jurisdiction.

4. In view thereof, the reasons mentioned in the impugned refusal check slip cannot be sustained. Therefore, this Writ Petition is allowed on the following terms:

i. The impugned refusal check slip dated 06.03.2026 shall stand set aside and the matter is remitted back to the file of the second respondent.

Page No. 2 of 4

ii. The petitioner shall re-present the document. iii. The second respondent shall register the same, if there is no other impediment.

iv. No costs.

25.03.2026 JEN To 1.The District Registrar, O/o. The District Registrar, Tenkasi District.

2.The Sub Registrar, O/o. Puliyangudi Sub Registrar, Puliyangudi, Tenkasi District.

Page No. 3 of 4

D.BHARATHA CHAKRAVARTHY , J.

JEN 25.03.2026 Page No. 4 of 4