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Madras High Court
M.Sundaram vs The Sub Registrar on 20 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.(MD)No.31233 of 2025
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT
DATED: 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
W.P.(MD)No.31233 of 2025
M.Sundaram ... Petitioner
Vs.
1.The Sub Registrar,
Office of the Sub Registrar,
Elumalai,
Madurai District.
2.Thiraviyam Pillai
3.Arasuthai ... Respondents
[R2 & R3 are impleaded vide order dated 10.12.2025 in W.M.P.
(MD)No.28065 of 2025]
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying to issue a Writ of Certiorarified Mandamus, to call for
the records pertaining to the impugned refusal slip vide Refusal
No.RFL/Elumalai/97/2025 dated 27.10.2025 issued by the
respondent and quash the same consequently directing the
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W.P.(MD)No.31233 of 2025
respondent to register the gift settlement deed dated 27.10.2025
within time frame as fixed by this Court.
For Petitioner : Mr.D.S.Haroon Rasheed
For Respondent No.1 : Mr.M.Lingadurai,
Special Government Pleader
For Respondents 2 & 3 : Unclaimed
ORDER
Challenge has been made against the refusal check slip
issued by the second respondent dated 27.10.2025.
2.The learned Counsel for the petitioner would submit that
the petitioner inherited the subject property through an
unregistered Will dated 13.03.1998, executed by one Arumugam
and the petitioner is in possession of the property. Now, the
petitioner intending to execute a settlement deed in favour of his
son, presented the document before the first respondent for
registration. The same came to be refused by the first respondent,
citing the reason that the Will dated 13.03.1998 is an unregistered
Will. Hence, the present Writ Petition.
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3.Learned Special Government Pleader appearing for the
respondents would submit that the Will through which the
petitioner inherited the property is an unregistered Will and hence,
the first respondent was not in a position to register the settlement
deed and rejected the same.
4.Heard the learned Counsel on either side.
5.Admittedly, the petitioner inherited the property through an
unregistered Will dated 13.03.1998. Merely because the Will is an
unregistered Will, the same cannot be a ground for the first
respondent to refuse to register the settlement deed presented by
the petitioner. Unless and otherwise there is any objection by any
other right holder, there is no impediment for the first respondent
to register the settlement deed. Hence, the impugned order dated
27.10.2025, passed by the first respondent is set aside. While
setting aside the impugned order, this Court directs the petitioner
to re-present the settlement deed to the respondent, who shall
register the same forthwith.
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6.Accordingly, this Writ Petition stands disposed of. There
shall be no order as to costs.
20.02.2026
Index: Yes/No
Internet: Yes/No
Neutral Citation: Yes/No
MR
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To
The Sub Registrar,
Office of the Sub Registrar,
Elumalai,
Madurai District.
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KRISHNAN RAMASAMY, J.
MR
20.02.2026
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