Citation : 2026 Latest Caselaw 123 Mad
Judgement Date : 8 January, 2026
W.P.No.49402 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.01.2026
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.49402 of 2025
V.Manjunatha @ Manjunatha Reddy .. Petitioner
vs
The Sub Registrar,
Hosur, Krishnagiri District. .. Respondent
Petition filed under Article 226 of The Constitution of India
praying for the issuance of a writ of mandamus directing the
respondent to receive the settlement deed dated 10.11.2025
executed by the petitioner in favour of his wife, namely Vinutha
Manjunathareddy and to register the same without insisting on the
cancellation of an agreement of sale entered into on 10.04.2017
within a period that will be fixed by this Court.
For Petitioner : Mr.R.Jayaprakash
For Respondent : Mr.U.Baranidharan,
Special Government Pleader
ORDER
The petitioner asserts that he inherited 805 sq.ft. of land in
Survey No.126/1B1, from his mother. While the said land was the
subject of agreement of sale dated 10.04.2017, it is stated that the
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said agreement of sale was not acted upon because the purchasers
therein did not take necessary steps to conclude the purchase in
terms thereof. Intending to settle the property in favour of his wife,
the petitioner executed a settlement deed dated 10.11.2025 and
presented the same for registration. His request was orally declined
and the document was returned to the petitioner.
2. Learned counsel for the petitioner submits that the
execution of a prior agreement of sale is not an impediment for the
registration of the settlement deed. He relies on the judgment of
the Division Bench of this Court in N.Ramayee vs. Sub Registrar,
Registration Department and Another (2020 SCC OnLine Mad 5231)
in support of this proposition.
3. Mr.U.Baranidharan, learned Special Government Pleader,
accepts notice for the sole respondent. He submits that the
agreement of sale dated 10.04.2017 is not an impediment for the
registration of the settlement deed.
4. The legal position is clear. The execution of prior agreement
of sale does not constitute an impediment for the registration of the
conveyance pertaining to such property. Therefore, this writ petition
is disposed of by permitting the petitioner to re-present the
settlement deed for registration. Subject to compliance of other
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requirements such as payment of stamp duty and registration fees,
the registering officer is directed to register the instrument within
two weeks from the date of re-presentation. There shall be no order
as to costs.
08.01.2026
Index:Yes/No Neutral Citation:Yes/No mmi
To
The Sub Registrar, Hosur, Krishnagiri District.
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SENTHILKUMAR RAMAMOORTHY,J.
mmi
08.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/01/2026 06:36:28 pm )
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