T.Ponnusamy vs The Sub Registrar
2026 Latest Caselaw 911 Mad

Madras High Court

T.Ponnusamy vs The Sub Registrar on 27 February, 2026

Author: Senthilkumar Ramamoorthy

Bench: Senthilkumar Ramamoorthy

                                                                                             WP No. 6160 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 27-02-2026

                                                               CORAM

                   THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY

                                                      WP No. 6160 of 2026

                T.Ponnusamy
                S/o. (Late) Thimmappan @ Thimman,
                No. 379 Sulthaan Street,
                Punjaipulliyampatti,
                Sathyamangalam Taluk,
                Erode District 638 459
                                                                                              ..Petitioner(s)
                                                                    Vs
                The Sub Registrar
                Office of the Sub Registrar,
                Mettupalayam,
                Coimbatore district
                                                                                             ..Respondent(s)

                PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,

                pleased to issue a Writ of Certiorarified Mandamus, calling for the records of

                the respondent relating to Refusal Check Slip No. RFL/ Mettupalayam/9/ 2026

                Sub Registrar, Mettupalayam dated 30.01.2026 and quash the same as illegal

                and consequently direct the respondent to register the Settlement deed presented

                by the petitioner for registration.

                              For Petitioner(s):               Ms.M.Dharani
                                                               for Mr.V.Karthikeyan

                              For Respondent(s):               Mr.P.Harish,
                                                               Government Advocate


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                                                                                        WP No. 6160 of 2026


                                                          ORDER

Asserting that the property described in paragraph 4 of the affidavit in

support of this writ petition was purchased by the petitioner’s late father under

Document Nos.831 of 1971 and 614 of 1978 and that said properties were

bequeathed in favour of the petitioner under Will dated 27.02.2008, the

petitioner executed a settlement deed dated 30.01.2026 in favour of his sons and

presented the same for registration. The request for registration was declined

under the impugned refusal check slip.

2. Adverting to the impugned refusal check slip, learned counsel for the

petitioner submits that the registering officer has refused to register the

settlement deed on the ground that the Will is unregistered and that there is no

evidence that it is the last and final Will. She points out that the Will was

executed at Illupanatham Village in Avinashi Taluk and that the property is also

situated there. Therefore, he submits that it is not necessary to obtain a probate

or letters of administration.

3. Mr.P.Harish, learned Government Advocate, submits that the registering

officer refused to register the settlement deed because the Will is unregistered.

4. The registration of a Will is optional and not compulsory under the

Registration Act, 1908. On examining the Will, it is evident that it has been

executed outside a presidency town and that the property bequeathed therein is

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also situated outside a presidency town. Consequently, even prior to the recent

amendment to the Indian Succession Act, it was not necessary to obtain probate

or letters of administration. The petitioner has filed the death certificate of the

testator. This document reveals that he died on 26.03.2013. The Will came into

force upon his death. In these facts and circumstances, the impugned refusal

check slip cannot be sustained and is hereby set aside.

5. As a corollary, the petitioner is permitted to re-present the settlement

deed for registration. Within two weeks from the date of re-presentation, the

registering officer is directed to register the document subject to fulfilment of

other requirements relating to registration.

6. This writ petition is disposed of on the above terms. No costs.

27-02-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

RNA

To

The Sub Registrar Office of the Sub Registrar, Mettupalayam, Coimbatore district

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SENTHILKUMAR RAMAMOORTHY, J.

RNA

27-02-2026

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