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M.Ramasamy v. The District Registrar

Registration – Refusal check slip – Gift settlement deed based on unregistered Will

Madras HC21 May 2025WP(MD)/14260/2025

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Case brief

AI extract

What is this about?

Refusal check slip; unregistered Will; gift settlement deed; registration refused; RFL/1 vz; ,iz rhh;gjpthsh; tpUJefh;/10/2025; Rule 55 Registration Rules; Sub-Registrar not to enquire into title; Class II heir; certiorarified mandamus; Article 226; Virudhunagar; W.P(MD)No.14260 of 2025; W.P(MD)No.8113 of 2025; civil court dispute; Madras High Court Madurai Bench.

What did the court decide?

Writ petition allowed with no order as to costs; consequent quashing of the refusal check slip dated 08.05.2025 and direction to the second respondent to register the gift settlement deed dated 08.05.2025 as and when presented, as sought in the prayer. ¶27

M.Ramasamy Vs The District Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal check slip dated 08.05.2025 refusing registration of the gift settlement deed on the ground that it is based upon an unregistered Will is lawful and sustainable. +1 more

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Court's answer

Adopting the extracted legal position, whether an unregistered Will is true and genuine, and questions of title, lie beyond the Sub-Registrar's jurisdiction under Rule 55 of the Registration Rules; any dispute over the property is for the civil court, so refusal of registration on the ground that the document proceeds on an unregistered Will is unsustainable.

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Ratio / Principle

Following the legal position laid down in the earlier order in W.P(MD)No.8113 of 2025, this writ petition stands allowed and there shall be no order as to costs.

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Key takeaways

As a consequence of allowing the petition, the refusal check slip dated 08.05.2025 falls to be quashed and the second respondent is to register the gift settlement deed dated 08.05.2025 when presented, in terms of the prayer.ratio¶27

Detailed headnote1 paragraphs

Registration - Refusal check slip - Gift settlement deed based on unregistered Will - Joint I Sub-Registrar, Virudhunagar refused registration treating petitioner as Class II heir absent a registered Will - Held, following this Court's earlier order in W.P(MD)No.8113 of 2025 (dated 24.03.2025): under Rule 55 of the Registration Rules it is not the Sub-Registrar's duty to enquire into title, and whether the Will is true and genuine is beyond his jurisdiction; disputes over the property fall to the civil court - Refusal check slip RFL/1 vz; ,iz rhh;gjpthsh; tpUJefh;/10/2025 dated 08.05.2025 unsustainable - Writ petition allowed, no costs; second respondent to register the gift settlement deed when presented. (Madurai Bench of Madras High Court, R. Vijayakumar J., 21.05.2025)

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W.P(MD)No.14260 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 21.05.2025

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CORAM

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.14260 of 2025

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M.Ramasamy ... Petitioner

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Vs.

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1.The District Registrar, Virudhunagar District, Virudhunagar.

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2.The Joint I Sub-Registrar, Sub Registrar Office, Virudhunagar District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the Refusal check slip by its RFL/1 vz; ,iz rhh;gjpthsh; tpUJefh;/10/2025 issued by the second respondent, dated 08.05.2025 and quash the same as unlawful and unsustainable consequently directing the second respondent to register the said gift settlement deed, dated 08.05.2025 as and when the same is presented by the petitioner before him and pass such further or other orders as this Court.

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For Petitioner : Mr.S.Kishore Kumar

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

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W.P(MD)No.14260 of 2025

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For Respondents : Mr.J.K.Jayaseelan Government Advocate

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ORDER

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The present writ petition has been filed challenging the refusal check slip issued by the respondent authorities on the ground that the gift deed presented by the writ petitioner is based upon the unregistered Will.

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2. According to the learned Government Advocate appearing for the respondents, the petitioner is a class II heir and therefore, unless the the Will is registered, the gift deed cannot be registered.

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3. On similar facts, this Court has passed an order in W.P(MD)No.8113 of 2025, dated 24.03.2025. Paragraph Nos.5 and 6 are extracted as follows:

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"5. In terms of Rule 55 of the Registration Rules, it is not the duty of the Sub Registrar to enquire into the title. Whether the “WILL” executed by Muthulakshmi on 29.08.2022 is true and genuine is beyond the jurisdiction of the Sub Registrar. In case, the “WILL” is not proved, the purchaser is not going to have any right over the same. If any dispute arises over the

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

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W.P(MD)No.14260 of 2025

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property owned by Muthulakshmi, I am sure that it would be appropriately resolved by the civil court, and it does not require the assistance of the second respondent.

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6. In the light of the above discussion, the impugned Refusal Check Slip in RFL/Joint II Sub Registrar Virudhunagar/5/2025 issued by the second respondent dated 18.03.2025 is quashed, and the writ petition is allowed. The second respondent shall register the sale deed dated 18.03.2025 presented by the petitioner in favour of Baseer Ahamed within a period of two weeks from the date of receipt of a copy of this order."

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4. In view of the above said legal position, this writ petition stands allowed. There shall be no order as to costs.

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21.05.2025

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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

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W.P(MD)No.14260 of 2025