Dismissed¶26

S.Kannan v. The District Registrar

Madras HC3 Feb 2025WP(MD)/2956/2025

Case brief

AI extract

What is this about?

Madras High Court (Madurai Bench), W.P(MD)No.2956 of 2025, decided 03.02.2025 by Justice V.Lakshminarayanan. S.Kannan v. The District Registrar, Sivagangai and The Sub Registrar, Manamadurai. Refusal check slip RFL/Manamadurai/1/2025 dated 06.01.2025; Section 57 Indian Succession Act; probate / letters of administration mandatory for wills and testaments executed within Chennai city limits; legatee cannot claim rights or register settlement deed without probate; writ petition dismissed with liberty to obtain probate and re-present settlement deed.

What did the court decide?

A document in the nature of a WILL or testament executed within the limits of the city of Chennai must obtain a certificate of probate or letters of administration from this Court (Madras High Court) on its Original Side, as per Section 57 of the Indian Succession Act.

S.Kannan Vs The District Registrar — Succession and Inheritance | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶26

Issue for consideration

Whether a legatee under a WILL executed within the city limits of Chennai who has not obtained probate or letters of administration is entitled to claim rights thereunder and execute/register a settlement deed — i.e., whether the second respondent's refusal to register the settlement deed was lawful.

¶25

Ratio / Principle

¶25

Key takeaways

Until the petitioner proves the WILL, he is not entitled to claim a right over the property or execute a document in favour of his wife, because no right as executor or legate can be claimed unless the document has been certified as true and genuine in probate proceedings.ratio¶25
The Writ Petition is dismissed, leaving it open to the petitioner to obtain the appropriate certificate (probate or letter of administration) for the WILL dated 29.10.2022 and thereafter to execute and register the settlement deed.ratio¶26

Detailed headnote1 paragraphs

Registration of settlement deed — refusal check slip RFL/Manamadurai/1/2025 dated 06.01.2025 by Sub Registrar, Manamadurai — petitioner derived title under a WILL dated 29.10.2022 of P.S.Subramania Iyer (registered at Villivakkam) executed within the city limits of Chennai — under Section 57 of the Indian Succession Act, a WILL/testament executed within the limits of the city of Chennai must obtain a certificate of probate or letters of administration from the Original Side of the Madras High Court — petitioner had not obtained any probate or letter of administration — no right as an executor or legate can be claimed unless the document is certified as true and genuine in probate proceedings — hence petitioner not entitled to execute a document based on the unprobated WILL — Writ Petition under Article 226 seeking Certiorarified Mandamus dismissed, leaving open the petitioner's liberty to obtain probate/letters of administration and thereafter execute and register the settlement deed. No costs.

¶1

W.P(MD)No.2956 of 2025

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 03.02.2025

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

¶6

Writ Petition(MD)No.2956 of 2025

S.Kannan

..Petitioner

1.The District Registrar, District Registrar Office, Sivagangai, Sivagangai District.

¶11

2.The Sub Registrar, Sub Registrar Office, Manamadurai, Sivagangai District. ..Respondents

¶12

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the refusal check slip in RFL/Manamadurai/1/2025 dated 06.01.2025 issued by the 2nd respondent and quash the same as unlawful and unsustainable, consequently, directing the 2nd respondent to register the proposed settlement deed dated 06.01.2025 as and when the same is presented by the petitioner and arbitrary.

¶13

For Petitioner : Mr.B.Ashok Kumar For Respondents : Mr.R.Sureshkumar Addl. Govt. Pleader

¶14

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

¶15

1/5

¶16

W.P(MD)No.2956 of 2025

¶17

ORDER

¶18

The writ petitioner seeks issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the second respondent dated 06.01.2025, whereby the second respondent has refused to register the settlement deed executed by the petitioner Mr.S.Kannan in favour of his wife Mrs.Santhi Kannan.

¶19

The petitioner concedes that the property belongs to one P.S.Subramania Iyer. He states that the said Subramania Iyer had executed a “WILL” dated 29.10.2022 in his favour and that the same was registered on the file of the Sub Registrar, Villivakkam. He pleads that the said Subramania Iyer passed away on 10.02.2023 and that the “WILL” had come into force. Pursuant thereto, he had executed a settlement deed in favour of his wife on 06.01.2025. However, the Sub Registrar refused to register the document. Hence, this petition.

¶20

I heard Mr.B.Ashokkumar for the petitioner and Mr.R.Sureshkumar, learned Additional Government Pleader appearing for the respondents.

¶21

It is not in dispute that the “WILL” has been executed within the city limits of Chennai. As per Section 57 of the Indian Succession Act, a document

¶22

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

¶23

2/5

¶24

W.P(MD)No.2956 of 2025

¶25

in the nature of the “WILL” or testament executed within the limits of the city of Chennai has to obtain a certificate of probate or letters of administration from this Court on its Original Side. It is not in dispute that the petitioner has not obtained any probate or letter of administration. When that being the position, unless and until the petitioner proves the said “WILL”, he is not entitled to claim a right over the same and execute a document in favour of his wife. This is because no right as an executor or legate can be claimed, unless the said document has been certified as true and genuine in probate proceedings.

¶26

In the light of the above discussion, leaving it open to the petitioner to obtain appropriate certificate for the “WILL” dated 29.10.2022, this Writ Petition is dismissed. It is always open to the petitioner to get the order of probate or letter of administration and thereafter, to execute a settlement deed and register the same. No costs.

¶27

03.02.2025

¶28

NCC : Yes/No Index : Yes/No Internet:Yes skn

¶29

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

¶30

3/5

¶31

W.P(MD)No.2956 of 2025

¶32

¶33