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Madras High CourtWP(MD)/20200/2025allowed

Kumarasamy S v. The Joint-Ii Sub Registrar

2025-07-24Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

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

The Joint-II Sub Registrar, Joint-II Sub Registrar Office, Virudhunagar, Virudhunagar 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 impugned refusal check slip No.RFL/2 No. Joint Sub Registrar Virudhunagar/13/2025 dated 14.07.2025 issued by the respondent and to quash the same as illegal and consequently, to direct the respondent to register the Gift Settlement Deed dated 11.07.2025 presented by the petitioner. For Petitioner : Mr.P.Balmurugan For Respondent : Mr.D.Sasikumar Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip, dated 14.07.2025, issued by the respondent and consequently, to direct the respondent to 1/4

register the gift settlement deed, dated 11.07.2025, presented by the petitioner. 2.Through the impugned order, the respondent has stated that the Will is not registered.

3.It is a settled proposition of law that the Will may be registered or unregistered, since there is no compulsory registration for the Will. Therefore, the impugned refusal check slip is totally against law. 4.Hence, the impugned refusal check slip is quashed. However, the petitioner is directed to submit the original Will before the respondent. Based on the same, the respondent shall process the gift settlement deed as per law and complete the process within a period of four weeks from the date of receipt of a copy of this order.

5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

24.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg 2/4

To The Joint-II Sub Registrar Joint-II Sub Registrar Office, Virudhunagar, Virudhunagar District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 24.07.2025 4/4