[Cites 1, Cited by 0]
Madras High Court
Jaganathan vs The Joint Sub Registrar No.1 on 8 April, 2026
Author: Abdul Quddhose
Bench: Abdul Quddhose
WP No. 12955 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-04-2026
CORAM
THE HON'BLE MR JUSTICE ABDUL QUDDHOSE
WP No. 12955 of 2026
Jaganathan
..Petitioner(s)
Vs
The Joint Sub Registrar No.1
(In the Cadre of District Registrar)
Erode District.
..Respondent(s)
Writ petition is filed under Article 226 of the Constitution of India
seeking for issuance of a writ of certiorarified mandamus to call for the entire
records relating to the impugned Refusal Check slip on the file of the
respondent bearing Refusal number RFL/Joint Sub Registrar No.1, Erode
/42/2026 dated 27.02.2026 and to quash the same and consequently direct the
respondent to receive, entertain, register the gift settlement deed dated
27.02.2026 executed by the petitioner in favour of his wife Mrs.Jegathambal
and return the same forthwith to the petitioner within a stipulated frame.
For Petitioner(s): Mr.S.Ranjith Kumaran
for Mr.R.Prabakar
For Respondent(s): Mr.P.Harish, GA
ORDER
This writ petition has been filed challenging the impugned refusal check
slip dated 27.02.2026 issued by the respondent refusing to register the gift
settlement deed dated 27.02.2026 presented by the petitioner for registration on
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the ground that the parent document, namely, Will produced by the petitioner is
an unregistered Will.
2. The petitioner has challenged the impugned refusal check slip on the
ground that the same has been issued by total non-application of mind to the
fact that there is no legal requirement for a Will to be registered.
3. Mr.P.Harish, learned Government Advocate, accepts notice on behalf
of the respondent, and on instructions, submits that apart from the reasons
assigned in the impugned order, the petitioner had not produced patta for the
subject property standing in his name, and therefore, on that ground as well, the
gift deed presented by him cannot be registered.
4. The petitioner has challenged the impugned order not only on the
ground of non-application of mind by the respondent with regard to the fact that
there is no legal requirement for registration of the Will, but has also challenged
the impugned order on the ground of violation of the principles of natural
justice, as he was not afforded any opportunity of hearing by the respondent
prior to the issuance of the impugned refusal check slip.
5. As seen from the impugned order, the contentions of the petitioner as
raised in this writ petition have not been considered by the respondent. The
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petitioner has also relied upon authorities as well as statutory provisions, which,
according to the petitioner, make it clear that there is no legal requirement for
registration of the Will. The petitioner was also not afforded any opportunity of
hearing by the respondent prior to the issuance of the impugned refusal check
slip dated 27.02.2026.
6. Being a non-speaking order with regard to the petitioner’s contentions
and the supporting documents produced by him, and an order passed in
violation of the principles of natural justice, this Court is of the considered view
that the impugned refusal check slip dated 27.02.2026 issued by the respondent
has to be quashed and the matter remanded back to the respondent for fresh
consideration on merits and in accordance with law.
7. Accordingly, this writ petition is disposed of in the following manner:-
(a) The impugned refusal check slip dated 27.02.2026 is
quashed by this Court and the matter is remanded back to
the respondent for fresh consideration on merits and in
accordance with law.
(b) The petitioner shall submit a written explanation to
the respondent stating as to why there is no legal
impediment for the respondent to register the gift
settlement deed dated 27.02.2026 presented by him,
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along with supporting documents, within a period of one
week form the date of receipt of a copy of this order.
(c) On receipt of the same within the time stipulated, the
respondent, after giving due consideration to the written
explanation submitted by the petitioner along with
supporting documents, shall take a final decision with
regard to registration of the gift settlement deed presented
by the petitioner, on merits and in accordance with law,
within a period of three weeks thereafter.
(d) If the respondent decides to refuse to register the gift
settlement deed, the respondent shall pass a speaking
order, after giving due consideration to the contentions of
the petitioner and the supporting documents produced by
him.
08-04-2026
Neutral Citation: Yes/No
RKM
To
THE JOINT SUB Registrar No.1
(In the Cadre of District Registrar)
Erode District.
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ABDUL QUDDHOSE, J.
RKM
08-04-2026
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