Allowed¶25

R.Surya v. the Sub Registrar

Unregistered Will – Refusal of registration of Settlement Deed

Madras HC26 Feb 2025WP/6452/2025

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What is this about?

Madras High Court, N. Anand Venkatesh J., W.P.No.6452 of 2025, decided 26.02.2025: unregistered Will; Sub Registrar cannot insist on registration of a Will; Will operates automatically on death of executor; beneficiary under Will competent to execute Settlement Deed; refusal Check Slip TP/1463366886/2023 quashed; registration of Settlement Deed directed; Article 226 certiorarified mandamus; no costs.

What did the court decide?

Writ petition allowed; impugned refusal Check Slip quashed and respondent directed to entertain and register the Settlement Deed executed by the petitioner in favour of his mother, if otherwise in order; no costs. ¶25

R.Surya Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 26.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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W.P.No.6452 of 2025

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Mr.R.Surya ... Petitioner

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Vs.

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The Sub Registrar, Avadi Register Office, Avadi, Chennai. ... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to TP/1463366886/2023 dated 29.03.2023 and quash the same and consequently direct the respondent to register the Deed of settlement dated 29.03.2023 executed by the petitioner in favour of his mother Mrs. Sowmiyalakshmi.

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For Petitioner : Mr.P.G.Thiyagu

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For Respondents : 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 challenging the impugned refusal Check Slip

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dated 29.03.2023 issued by the respondent and for a consequential direction to the respondent to register the Settlement Deed executed by the petitioner in favour of his

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https://www.mhc.tn.gov.in/judis

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mother.

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2.Heard Mr.P.G.Thiyagu, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of respondent.

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3.The Settlement Deed that was executed by the petitioner in favour of his mother dated 29.02.2023 was refused to be registered mainly on the ground that the 'Will' is an Unregistered Will and hence, the petitioner must get letters of administration.

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4.The law on this issue is now too well settled and this Court had repeatedly held that 'Will' is not a compulsorily registrable document and therefore, the Sub Registrar cannot insist for a 'Will' to be registered. After the demise of the executor of the 'Will', the 'Will' automatically comes into force and hence, the petitioner has derived the right under the 'Will' and he wants to execute the Settlement Deed in favour of his mother.

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5.In the light of the above discussion, the impugned refusal Check Slip issued by the respondent dated 29.03.2013 is hereby quashed and there shall be a direction to the respondent to entertain the Settlement Deed and register the same, if it is otherwise in

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https://www.mhc.tn.gov.in/judis

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order.

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6.In the result, this writ petition is allowed with the above direction. No Costs.

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26.02.2025

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Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To The Sub Registrar, Avadi Register Office, Avadi, Chennai.