P.Chandrasekaran Vs the Inspector Generla of Registration

PRAYER: Writ Petitions filed under Article 226 of Constitution of India, for issuance of Writ of Mandamus directing the respondents 1 to 3 herein not to register any documents pertaining to the properties in S.Nos.235/1, 236/1, 236/2, 236/3A and 237/2 situated in Senjeriputhur Village, Sulur Taluk, Coimbatore District at the request of the fifth respondent herein by considering the representation of the petitioner Page 1 of 6

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W.P.No.2297 of 2025

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dated 19.08.2024.

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For Petitioner : Mr.S.Prabhu

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For Respondents 1 to 4 : Mr.U.Baranidharan, Special Government Pleader

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O R D E R

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This writ petition has been filed to direct the respondents 1 to 3

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herein not to register any documents pertaining to the properties in S.Nos.235/1, 236/1, 236/2, 236/3A and 237/2 situated in Senjeriputhur Village, Sulur Taluk, Coimbatore District at the request of the fifth respondent herein by considering the representation of the petitioner dated 19.08.2024.

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The case of the petitioner is that the property comprised in S.Nos.235/1, 236/1, 236/2, 236/3A and 237/2 at Senjeriputhur Village, Sulur Taluk, Coimbatore belongs to one Krishnasamy Gounder alias Krishnan, who is none other than petitioner's one of the paternal uncles and the aforesaid property is an ancestral property, which being enjoyed by the Krishnasamy Gounder after partition. This being the case, the said Krishnasamy Gounder and his wife were murdered and thereafter, the said property was devolved on their only daughter viz., Dharani, the petitioner's sister. Unfortunately, she was also died under suspicious

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circumstances in her matrimonial home. Pursuant thereto, the fifth respondent, who is the husband of aforesaid Dharani i.e., petitioner's brother in law attempting to acquire the aforesaid property by obtaining legal heir certificate to impose himself as a legal heir to the deceased Dharani. Therefore, the petitioner made a representation dated 19.08.2024 to the respondents not to register any document pertaining to the above properties. Hence, the petitioner has come forward with the present writ petition.

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Learned counsel for the petitioner submitted that since the properties that stand in the name of Dharani i.e., the petitioner's sister are ancestral properties and she has died without issues, the husband of deceased Dharani is not entitled for any share in the said property. To substantiate his claim, he relied on Section 15(2)(a) of the Hindu Succession Act, 1956 which deals with the general rules of succession in case of female Hindus. Therefore, he prays this Court that direction may be issued to the respondents not to register any documents pertaining to the aforesaid properties at the request of the fifth respondent.

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Learned Special Government Pleader appearing for the

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respondents would submit that in the event any document is presented by

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the fifth respondent i.e., the petitioner's brother in law, due notice and opportunity of hearing will be given to the petitioner, since he has made a representation dated 19.08.2024.

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Heard the learned counsel on either side and perused the materials available on records.

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In view of the above facts and circumstances of the case, this Court directs the official respondents to issue notice as well as opportunity of personal hearing to the petitioner, in the event the husband

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of deceased Dharani i.e., the petitioner's brother in law presented any document to register the properties comprised in S.Nos.235/1, 236/1, 236/2, 236/3A and 237/2 situated in Senjeriputhur Village, Sulur Taluk, Coimbatore District a nd thereafter proceed with the matter by taking into consideration of the entitlement of husband of petitioner's sister in terms of Section 15(2)(a) of the Hindu Succession Act, 1956.

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Accordingly, this writ petition stands disposed of. No costs.

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16.10.2025

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