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Madras High CourtWP(MD)/21410/2025allowed

Rajaguru v. The Sub Registrar,

2025-08-06Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Rajaguru ... Petitioner Vs The Sub Registrar, Office of the Sub Registrar, Sivagiri, Tenkasi 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 slip vide Refusal No.FL/Sivagiri - Tenkasi/24/2025 dated 30.07.2025 issued by the respondent and quash the same consequently direct the respondent to register the gift settlement deed dated 30.07.2025 within time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed 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 impugned refusal check slip dated 30.07.2025 and consequently direct the respondent to register the gift settlement deed dated 30.07.2025.

2. Through the impugned order, the respondent refused to register the gift settlement deed stating that the petitioner is tracing title through a Will and the same is not registered and probated. Therefore, the respondent refused to register the document.

3. It is a settled proposition that a Will may either be registered or unregistered. Further, probate of a Will is not mandatory. Therefore, the reason stated in the impugned order is totally non-application of mind. Accordingly, the impugned refusal check slip is quashed. However, the petitioner is directed to produce the original Will before the respondent. On such submission, the respondent is directed to register the Gift Settlement Deed within a period four (4) weeks from the date of receipt of a copy of this order. 2/4

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

06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar, Office of the Sub Registrar, Sivagiri, Tenkasi District.

3/4

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 06.08.2025 4/4