Disposed¶27

L.Kathiresh v. the Inspector of Registration

Madras HC8 Jan 2026WP/49601/2025

Case brief

AI extract

What is this about?

Madras High Court, W.P.No.49601 of 2025, Senthilkumar Ramamoorthy J., decided 08.01.2026: refusal check slip RFL/Karumathampatti/19/2025 declining registration of partition deed; registration cannot be refused merely because the underlying Will is unregistered; refusal upheld for presentation beyond even condonable period (executed 12.04.2024, presented 10.11.2025) and absence of witness signature on sixth page; Sub Registrar Karumathampatti, District Registrar Erode, Inspector General of Registration; writ disposed of with liberty to present fresh partition deed; no costs.

What did the court decide?

The ground that the instrument was executed on the basis of an unregistered Will is clearly untenable; registration cannot be declined on that ground. ¶26

L.Kathiresh Vs the Inspector of Registration — Writ and Judicial Review | Madras HC (2026)

¶1

W.P.No.49601 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 08.01.2026

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY

¶6

W.P.No.49601 of 2025

L.Kathiresh

.. Petitioner

1.The Inspector General Of Registration, Chennai.

¶11

2.The District Registrar, Erode District Registrar Office, Erode District.

¶12

3.The Sub Registrar, Karumathampatti Sub Registrar Office, Erode District.

¶13

.. Respondents

¶14

Petition filed under Article 226 of The Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the refusal check sip bearing refusal No.RFL/Karumathampatti/19/2025 dated 10.11.2025 issued by the third respondent relating to registration of the partition deed presented under Application No,S01LANDW202511105004478 and quash the same and consequently direct the third respondent to receive, register and release the partition deed executed between the petitioner and his brother.

¶15

1/5

¶16

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

¶17

W.P.No.49601 of 2025

¶18

For Petitioner : Ms.L.Meenakshi for Mr.M.Diensh For Respondents : Mr.U.Baranidharan, Special Government Pleader

¶19

ORDER

¶20

The petitioner’s grandmother, Ms.Sarojini, executed a Will on 15.12.2021 bequeathing the properties owned by her in favour of members of the family. After her demise on 29.08.2023, the Will came into effect and a partition deed was executed on the basis of the Will. Upon presentation, the request for registration was declined under the impugned refusal check slip.

¶21

Learned counsel for the petitioner submits that the registration was declined on the ground that the Will is unregistered. She submits that this is contrary to the settled legal position.

¶22

Mr.U.Baranidharan, learned Special Government Pleader, accepts notice for all the respondents. While conceding that registration cannot be declined on the ground that the Will is unregistered, he adverts to other reasons for refusal recorded in the impugned order. In particular, he points out that the instrument was executed on 12.04.2024 and presented on 10.11.2025, which is

¶23

2/5

¶24

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

¶25

W.P.No.49601 of 2025 beyond even condonable period. He also points out the absence of the signature of the witness on the sixth page.

¶26

On perusal of the impugned order, it is noticeable that four reasons are recorded therein. The second reason, namely, the instrument being executed on the basis of an unregistered Will is clearly untenable. The first reason being presentation on 10.11.2025, which is even beyond condonable period, is valid; likewise, the absence of the signature of one of the witnesses is also a valid reason.

¶27

In these circumstances, no case is made out for interference with the impugned order. It is, however, open to the parties concerned to execute a fresh partition deed and present the same for registration. With these observations, this writ petition stands disposed of. There shall be no order as to costs.

¶28

08.01.2026

¶29

Index:Yes/No Neutral Citation:Yes/No mmi

¶30

3/5

¶31

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

¶32

W.P.No.49601 of 2025

¶33

¶34