RANJITHKUMAR vs THE DISTRICT REGISTRAR (ADMINISTRATION)
- Court
- Madras High Court
WP No.42256 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ
WP No.42256 of 2026
CNR:{HCMA012450392026}
Ranjithkumar
S/o.Late Ganesan
No.5/235, Near Kundu Perumal Kovil,
Vellaipillaiyar Kovil,
Alavaipatti Village,
Rasipuram Taluk,
Namakkal District-637 505.
..Petitioner(s)
Vs
1. The District Registrar (Administration),
Namakkal District, Namakkal.
2. The Sub Registrar,
Rasipuram, Namakkal District.
..Respondent(s)
PRAYER: Writ Petition filed under Article 226 of Constitution of India praying
for a writ of Certiorarified Mandamus calling for the records of 2nd respondent
vide refusal number RFL/Rasipuram/212/2026 dated 28.09.2026 and quash the
same subsequently direct the 2nd respondent to register petitioner’s document
of settlement deed dated 28.09.2026 based on unregistered will dated
30.07.2026 executed by his father late Ganesan in accordance with law without
insisting upon probate.
For Petitioner(s): Mr.M.Subash
For Respondent(s): Ms.S.Yogalakshmi
Additional Government Pleader
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WP No.42256 of 2026
ORDER
The present writ petition is filed challenging refusal check slip dated
28.09.2026, whereby settlement deed dated 28.09.2026, presented for
registration in respect of property comprised in Survey Nos.142/3 and 140/1,
measuring an extent of 2618 sq.feet, situated in Athanur Village, Rasipuram
Taluk, Namakkal District, was refused registration on the premise that petitioner
/ settlor claims title over subject property on the basis of an unregistered will.
2. Learned counsel for petitioner would submit that subject property
originally belonged to petitioner’s father Ganesan, who purchased the same for
a valid consideration vide sale deed registered as Document No.451/1993 dated
nd
03.03.1993 on the file of 2 respondent. Thereafter, revenue records were
changed in the name of petitioner’s father. Pursuant thereto, petitioner’s father
executed an unregistered will dated 30.07.2026 in favour of petitioner.
Petitioner’s father Ganesan died on 07.08.2026, thereafter, petitioner executed a
settlement deed dated 28.09.2026, settling the property in favour of his minor
son by appointing petitioner’s mother as his guardian. When the settlement deed
nd
was presented for registration before 2 respondent, the same was refused vide
refusal check slip dated 28.09.2026, insisting the petitioner to probate the
unregistered will dated 30.07.2026. Aggrieved, petitioner filed the present writ
petition.
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3. Learned counsel for petitioner would submit that registration of will is
not mandatory and rejection of registration of document on the basis that title
derived under an unregistered will cannot be sustained. In this regard, he would
place reliance on the judgment of this Court in W.P.No.16999 of 2020 dated
03.12.2020, wherein status of Will has been examined and it was found that a
Will does not get a special status by registering the same and further, there is no
law which mandates registration of a Will. It was thus submitted that the above
reasoning of respondent is ill founded. The relevant portion of the order is
extracted hereunder:
"5. In the considered view of this Court, a Will does not get a
special status by registering the same. Admittedly, it is a document
which need not be registered and no law mandates such
registration. The law on this issue is well settled and it has been
held that just because the Will is registered, reliance cannot be
placed on the same, unless it is proved in the manner indicated
under the Evidence Act.
6. In the present case, the respondent has insisted for getting
a probate with regard to the Will executed in favour of the
petitioner. Insofar as the probate is concerned, the same becomes
mandatory only when it attracts the provisions of Section 213 of
the Indian Succession Act. The property in question is situated at
Kancheepuram District and the Will has also been executed at
Kancheepuram District and therefore, the Will in question does not
fall under the requirements of Section 213 of the Indian Succession
Act and it does not require a probate for the purpose of acting
upon this Will."
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4. At this stage, learned Additional Government Pleader appearing for
respondents would submit that the writ petition itself is premature inasmuch as
it is only a refusal check slip. She would further submit that petitioner may re-
present the settlement deed dated 28.09.2026, along with their explanation to
reasons set out in refusal check slip. In this regard, reliance is placed on order of
Division Bench of this Court in W.P. No.21941 of 2025, dated 28.10.2025. The
relevant observations are extracted hereunder:
“13. Pertinently, at initial stage of issuance of a refusal slip
by Registering Authority, civil rights or right of presentant of a
document for registration cannot be determined either by
Registering Authority or by Writ Court. It is a preliminary stage,
where they are bound to call for explanation from presentant of
document, along with supportive documents, if any, and an
adjudicatory process is to be undertaken to arrive at a final
decision, enabling an aggrieved person to approach Appellate
Authority and thereafter Civil Court under Sections 72 and 77 of
Act respectively.
14. Under Sections 71 and 72 of Registration Act, neither
Registering Authority nor Appellate Authority is empowered to
decide title, ownership, or civil rights between parties. Extent of
inquiry is to be confined so as to find out whether document
presented under Act can be registered or refused. Therefore,
Registering Authority is not empowered to go into merits of case
and decide title, ownership, or civil rights between parties.
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15. Any inquiry or findings made thereunder are to be
confined only to an extent of registration of a document, and
findings by Registering Authority or Appellate Authority cannot be
taken into consideration for purpose of determining civil rights
between parties.”
5. Learned Additional Government Pleader for respondents would further
submit that if settlement deed dated 28.09.2026 , is re-presented for registration
by petitioner along with their explanation to reasons set out in refusal check
slip, the same would be considered and deed would be registered by
respondents, in accordance with law, if it is otherwise in order. Agreed to by
learned counsel for petitioner.
6. In view thereof, petitioner may re-present settlement deed dated
28.09.2026, for registration along with their explanation to reasons set out in
refusal check slip before respondents. On such re-presentation, respondents
shall consider the same and proceed to register the settlement deed dated
28.09.2026, in accordance with law, if it is otherwise in order, after affording a
reasonable opportunity of hearing to petitioner. If, for any reason, Registering
Authority refuses to register the deed, the same would be returned to petitioner
by issuing a refusal order assigning reasons therefor. It is made clear that this
Court has not expressed any views with regard to the merits of the case and it is
open to the respondent to consider the case on its own merits and in accordance
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with law.
7. Accordingly, the writ petition stands disposed of. No costs.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MKA
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WP No.42256 of 2026
To:
1. The District Registrar (administration)
Namakkal District,
Namakkal.
2. The Sub Registrar
Rasipuram
Namakkal District.
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WP No.42256 of 2026
MOHAMMED SHAFFIQ J.
MKA
WP No.42256 of 2026
26-10-2026
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