Rani v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Rani ... Petitioner Vs.

The Sub-Registrar, Chatrapatti, Dindigul District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the refusal check slip issued by the respondent in Refusal Number. RFL/Chatrapatti/51/2025 dated 11.06.2025 and quash the same as illegal and consequently direct the respondent to register the sale deed presented on 11.06.2025 by the petitioner for registration within a time frame. For Petitioner : Mr.D.Venkatesh For Respondent : Mr.S.Saji Bino Special Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 11.06.2025 and consequently, direct the respondent to register the sale deed presented on 11.06.2025.

2. Through the impugned order, the respondent refused to register the sale deed stating that the Will is not a registered and Will not probated. It is a settled proposition of law that a Will need not be registered and need not be probated. Further, the statutory duty of the registering authority is only to verify the identification of the executants.

3. Therefore, the impugned order is set aside. The respondent is directed to register the sale deed, within a period of four (4) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

NCC : Yes / No 26.06.2025 Index : Yes / No Internet : Yes jbr 2/4

To:

The Sub-Registrar, Chatrapatti, Dindigul District.

3/4

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 26.06.2025 4/4