Thirumathi Vasantha v. The Inspector General of Registration

Madras HC20 Jul 2026WP/27958/2026

Case brief

AI extract

What is this about?

Section 34C Registration Act 1908 declared unconstitutional by Division Bench (M/s.Dugars, W.P.(MD) No.7415 of 2026 etc., batch); refusal check slip for non-production of original prior title deeds set aside; settlement deed registration directed upon re-presentation within one week; Article 226 writ of certiorarified mandamus; Joint II Sub Registrar Villupuram; District Registrar Villupuram; Inspector General of Registration Tamil Nadu; intestate devolution of 1/4th undivided share; R.Sundar; V.Rajaram; five registered deeds; memo No.44420/C1/2024.

What did the court decide?

Impugned refusal check slip dated 01.06.2026 set aside; petitioner permitted to re-present the settlement deed dated 07.05.2026 before the third respondent, who is directed to register it within one week of re-presentation; no costs. ¶¶30

Thirumathi Vasantha Vs The Inspector General of… — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the refusal check slip dated 01.06.2026 passed by the third respondent, refusing registration of the petitioner's settlement deed dated 07.05.2026 on the ground of non-production of original prior title deeds (invoking Section 34C of the Registration Act, 1908), can be sustained. +1 more

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Court's answer

In view of the Division Bench ruling in M/s.Dugars (W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026) declaring Section 34C of the Registration Act, 1908 unconstitutional, the reasons assigned in the impugned refusal check slip dated 01.06.2026 can no longer be sustained.

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Ratio / Principle

The impugned refusal check slip dated 01.06.2026 is set aside.

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Key takeaways

The petitioner shall re-present the settlement deed dated 07.05.2026 before the third respondent, and upon such re-presentation the third respondent is directed to register it within a period of one week.ratio¶¶32

Detailed headnote1 paragraphs

Madras HC (Krishnan Ramasamy J.) disposes of WP No. 27958 of 2026 filed under Article 226 by Thirumathi Vasantha challenging the refusal check slip No.RFL/Villupuram Joint II/105/2026 dated 01.06.2026 of the Joint II Sub Registrar, Villupuram, which — invoking Section 34C, Registration Act 1908, in purported reliance on the IGR's memo No.44420/C1/2024 dated 02.02.2026 — refused registration of her settlement deed dated 07.05.2026 settling her 1/4th undivided share in Schedule 'A' property (devolving on her and three children, each 1/4th, on the intestate demise of her husband V.Rajaram on 02.02.2008) in favour of elder son R.Sundar, for want of original prior title deeds. Holding the issue 'no longer res-integra' in view of the Division Bench decision in M/s.Dugars v. State of Tamil Nadu (W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026) declaring Section 34C unconstitutional, the Court found the refusal unsustainable, set aside the check slip, and directed registration within one week of re-presentation; no costs.

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WP No. 27958 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-07-2026

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CORAM

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THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 27958 of 2026

Thirumathi Vasantha

..Petitioner(s)

The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High road, Chennai – 600028.

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The District Registrar, Office of the District Registrar (Villupuram), District Registrar Office Campus, Villupuram - 605602.

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The Sub Registrar, Office of the Joint II Sub Registrar, Villupuram, Villupuram District - 605602.

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..Respondent(s)

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Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned refusal check slip bearing No.RFL/Villupuram Joint II/105/2026 dated 01.06.2026 on the file of the 3rd respondent, passed in purported reliance upon the 1st respondent’s memo No.44420/C1/2024 dated 02.02.2026 and quash the same and consequently direct the 3rd respondent to receive, register and release the settlement deed dated 07.05.2026 presented by the petitioner on due without insisting on the production of the original prior title deeds.

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For Petitioner(s): Mr.Mohan Raj Chandra Sekaran

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For Respondent(s): Mr.M.Roshan Atiq,

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Page1 of 4

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

WP No. 27958 of 2026

Government’s Counsel

ORDER

Challenge has been made against the refusal check slip dated 01.06.2026 passed by the third respondent.

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Learned counsel for the petitioner would submit that the petitioner has

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intend to settle her 1/4th undivided share in the Schedule ‘A’ property in Settlement Deed in favour of her elder son viz., R.Sundar. The property was absolutely owned by her late husband Mr.V.Rajaram, acquired via five registered deeds. Following his intestate demise on 02.02.2008, the petitioner and their three children each acquired a 1/4th share. When the petitioner presented the settlement deed on 01.06.2026 before the third respondent, the same was refused to be registered by invoking the powers under Section 34C of the Registration Act, 1908, on the ground that, unless a previous original documents are produced, the settlement deed cannot be registered. Challenging the same, the petitioner has come forward with the present writ petition.

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The issue in this writ petition is no longer res-integra and the same has already been considered by a Division Bench of this Court in M/s.Dugars, represented by its Partners Vs., State of Tamil Nadu and Others [W.P.(MD) No.7415 of 2026 etc., batch, dated 23.06.2026] , wherein Section 34C of the Registration Act, 1908 has been declared unconstitutional.

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__________ Page2 of 4

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

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WP No. 27958 of 2026

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In view of the above, the reasons assigned in the impugned refusal

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check slip dated 01.06.2026 can no longer be sustained.

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Accordingly, the writ petition is disposed of on the following terms:

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(i) The impugned refusal check slip dated 01.06.2026 is set aside.

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(ii) The petitioner shall re-present the settlement deed dated 07.05.2026 before the third respondent for registration. Upon such representation, the respondent is directed to register the same, within a period of one week from the date of re-presentation of the said document.

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(iii) No costs.

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20-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

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To:

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