Madras High Court
V.Ilango vs The Sub Registrar on 29 May, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.11386 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD).No.11386 of 2024
V.Ilango ... Petitioner
Vs.
The Sub Registrar,
Pudukkottai Sub Registration Office,
Thoothukudi District. ... Respondent
Prayer: Writ Petition is filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, calling for the
records relating to the impugned refusal check slip in RFL/Pudukottai/34/2024
dated 20.05.2024 issued by the respondent and quash the same and
consequently direct the respondent to register the sale deed dated 20.05.2024,
executed by the petitioner.
For Petitioner : Mr.T.Antony Arulraj
For Respondent : Mr.P.Subbaraj
Special Government Pleader
https://www.mhc.tn.gov.in/judis
1/4
W.P.(MD).No.11386 of 2024
ORDER
The present writ petition has been filed challenging the order passed
by the respondent herein on 20.05.2024, wherein he had issued a refusal check
slip without registering the sale deed.
2. A perusal of the impugned refusal check slip indicates that the sale
deed reflects to an unregistered Will dated 23.09.2020 as a source of title and
since the said Will has not been probated, the sale deed has been returned to be
represented after obtaining probate from the competent Court.
3. The learned counsel appearing for the writ petitioner relied upon
the judgment of this Court in W.P.(MD).No.5760 of 2023, dated 16.03.2023, to
impress upon the Court that the property being located in Tuticorin and the Will
also executed only in Tuticorin and the parties are Hindus, the Will does not
repute any probate from competent Court. Paragraph No.3 of the said order is
extracted as follows:
“3.That order has to be interfered with by this Court, since a
‘Will’ need not be registered. Section 57 of the Indian Succession Act,
1925, also gives exceptions for grant of probate of a ‘Will’ for
properties which are situated outside the city limits of Chennai. The
‘Will’ need not be registered. A ‘Will’ can be written down. All that
https://www.mhc.tn.gov.in/judis
requires is attestation under Section 68 of the Indian Evidence Act.
Even if registered, it does not mean that the ‘Will’ had been proved in
the manner known to law. The ‘Will’ has been executed in this instant
in the year 2001 and had come into effect on the date of the death of
the father. The Sub Registrar therefore, cannot raise question about
the registration of the ‘Will’ or seek probate of the ‘Will’. The said
reasons are set aside.”
4. Considering the above said legal position, the impugned refusal
check slip is set aside and the respondent is directed to proceed with the
registration of the sale deed, if it is otherwise in accordance with law.
5. With the above observation, this Writ Petition stands allowed. No
costs.
29.05.2024
Index : Yes / No
Internet: Yes / No
NCC :Yes / No
akv
To
The Sub Registrar,
Pudukkottai Sub Registration Office,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.,
akv
29.05.2024
https://www.mhc.tn.gov.in/judis
