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Madras High CourtWP(MD)/14533/2026allowed

Selvam K v. The Inspector General Of Registration

2026-06-02Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.06.2026

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)No.10898 of 2026 K.Selvam ... Petitioner(s) - Vs. - 1.The Inspector General of Registration, O/o. the Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 008.

2.The District Registrar, O/o. the District Registrar, Madurai District.

3.The Sub-Registrar, O/o. the Sub-Registrar, Joint Iv Madurai South, Madurai.

... Respondent(s) Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court 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 in RFL/No.4 Joint Sub Registrar Madurai South/36/2025 dated 17.11.2025, issued by the respondent and quash the same as illegal and consequently direct the respondent to register the petitioner's Gift Settlement Deed which

was presented before him within a time stipulated by this Court. For Petitioner :Mr.A.Maruthachalam For R1 to R3 :Mr.R.Parthiban, Government Advocate

ORDER

This writ petition is filed challenging the refusal check slip dated 17.11.2025.

2.Upon hearing the learned counsel for the petitioner and perusing the material records of the case, the case of the petitioner is that the petitioner's mother purchased the property by a registered document bearing No.2165 of 2009. The petitioner's mother subsequently bequeathed the said property to the petitioner by way of a Will dated 14.07.2025. The petitioner's mother died on 22.09.2025. When thereafter the petitioner executed a settlement deed, the same is refused to be registered. The reasons that are mentioned is that the Will is unregistered and it is not probated and therefore, the truth or otherwise of the Will is not known. The second reason that is mentioned is that the Patta in respect of the property does not stand in the name of the petitioner's mother.

3.I have also heard the learned Government Pleader appearing on

behalf of the respondents.

4.Will is not a compulsorily registrable document. Probate is also not compulsorily required. Therefore, the reason mentioned in the refusal check slip is unsustainable. With reference to the Patta is concerned, it can be seen that the petitioner's mother purchased the property by way of a registered sale deed and the Patta is in the name of the vendor. In view thereof, the said Patta is enough for the petitioner to produce the document. The reasons mentioned in the refusal check slip are unsustainable. 5.In view thereof, the writ petition is all ordered on the following terms:

(ii)The impugned refusal check slip dated 17.11.2025 shall stand quashed.

(ii)The petitioner shall re-present the document for registration within a period of two weeks from the date of receipt of the web copy of the order and upon such re-presentation, the document shall be registered, if there is no other impediment (iii)No costs. Consequently, connected miscellaneous petition is closed.

02.06.2026

NCC:Yes/No Ns D.BHARATHA CHAKRAVARTHY, J.

Ns To 1.The Inspector General of Registration, O/o. the Inspector General of Registration, No.100, Santhome High Road, Chennai - 600 008.

2.The District Registrar, O/o. the District Registrar, Madurai District.

3.The Sub-Registrar, O/o. the Sub-Registrar, Joint Iv Madurai South, Madurai.

02.06.2026