Madras High CourtWP(MD)/10925/2026allowed

Muthukani v. The District Registrar

2026-04-17Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Muthukani .. Petitioner - Vs. - - 1.The District Registrar, District Registration Office, Tirunelveli.

2.The Sub Registrar, Registration Office, Thisaiyanvilai, Tirunelveli District.

3.Senthilkumar @ Senthilvel Kumar .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to impugned refusal check slip in RFL/Thisaiyanvilai/51/2026, dated 30.03.2026 of the second respondent and quash the same and consequently, direct the second respondent to register release deed presented by the petitioner dated 30.03.2026.

For Petitioner : Mr.R.Rajeshkumar 1/4

For Respondents : Mr.F.Deepak Special Government Pleader for R1 & R2 Mr.S.Pandeeswaran for R3

ORDER

The Writ Petition is filed challenging the impugned refusal check slip, dated 30.03.2026.

2. When the petitioner presented a release deed in favor of his son, the same is now refused by the impugned refusal check slip on the ground that the condition imposed in the Will is violated.

3. The case of the petitioner is that the property originally belonged to the husband of the petitioner, namely, Thangavel. He had executed a registered Will, dated 19.03.2003, thereby bequeathing the property on his son, namely, Senthilkumar @ Senthilvel Kumar, bestowing life estate on the petitioner herein. Now the petitioner wants to release the life estate also in favor of her son. The same is taken exception to by the aforementioned reason in the refusal check slip. Obviously, the same is not sustainable. The petitioner being the life estate holder can enjoy the same or release it in favour of the ultimate legatee. 2/4

4. In view thereof, this Writ petition is allowed on the following terms: (i) The impugned refusal check slip, dated 30.03.2026, shall stand set aside:

(ii) Within two weeks from the date of receipt of a web copy of the order, the petitioner shall represent the document, upon which the same shall be registered, if there is no other impediment. No costs.

17.04.2026 sji NCC: No To 1.The District Registrar, District Registration Office, Tirunelveli.

2.The Sub Registrar, Registration Office, Thisaiyanvilai, Tirunelveli District.

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D.BHARATHA CHAKRAVARTHY, J.

sji 17.04.2026 4/4