Madras HC Quashes Refusal To Register Settlement Deed, Allows Registration Subject To Undertaking Against Unapproved Residential Or Commercial Use

In brief

The question

1. Whether the refusal to register the settlement deed under Section 22-A was sustainable where the land was conveyed without changing its use

The court held

The writ petition was allowed and the refusal check slip was set aside.

It also directed

The claimant must file the notarised affidavit in four sets within four weeks of receiving the web copy; upon filing, a certified copy of the order may be issued.

The petitioner may then represent the document with the certified order and three affidavit sets, and the Sub-Registrar must register it if there is no other impediment.

The affidavit is also to be sent to the local authority and the jurisdictional TANGEDCO Assistant Engineer.

No costs were awarded.

01Facts

The petitioner challenged the Sub-Registrar’s refusal check slip dated 1 October 2026, which declined registration of a settlement deed concerning properties in Malayankulam Village under Section 22-A of the Registration Act, 1908.

pp. 1–2

The stated ground was that the property was conveyed as a residential plot or for residential use without planning-authority approval for conversion.

pp. 1–2

The petitioner maintained that the land was conveyed without changing its use.

pp. 1–2

02Issues

i.1. Whether the refusal to register the settlement deed under Section 22-A was sustainable where the land was conveyed without changing its use

pp. 1–2

ii.2. Whether registration could be directed subject to safeguards preventing unauthorised change of land use

pp. 2–4

03Law Applied

The Court applied Section 22-A(2) of the Registration Act, 1908, and the principles stated in Sankarakumar & another v. The Sub-Registrar, Panpozhi, W.P.(MD) No. 29522 of 2025, dated 17 April 2026.

p. 2

Under that decision, the right to property under Article 300-A must be balanced with development-control requirements: where the parties undertake not to change the land’s use without planning-authority permission, the document may be registered subject to the prescribed affidavits and conditions.

p. 2

The undertaking prohibits unauthorised residential or commercial use, construction, and claims to specified utility or local-authority services without due conversion.

pp. 3–4

Provisions in the judgment · 1

Registration Act, 1908 Section 22A

04Reasoning

The Court treated the issue as governed by Sankarakumar, which permits registration where the land is conveyed without conversion of its nature, subject to an enforceable undertaking against unauthorised change of use.

pp. 2–4

It therefore set aside the refusal but required the claimant in whose favour title would vest to file a notarised affidavit in four sets, including one with the Court, and to submit the remaining sets as directed.

pp. 2–4

The deed must describe the land as Nanjai or Punjai, rather than Manai, and the affidavit must be scanned, uploaded, and made part of the registered document.

pp. 2–4

05Holding

The writ petition was allowed and the refusal check slip was set aside.

pp. 4–5

The claimant must file the notarised affidavit in four sets within four weeks of receiving the web copy; upon filing, a certified copy of the order may be issued.

pp. 4–5

The petitioner may then represent the document with the certified order and three affidavit sets, and the Sub-Registrar must register it if there is no other impediment.

pp. 4–5

The affidavit is also to be sent to the local authority and the jurisdictional TANGEDCO Assistant Engineer.

pp. 4–5

No costs were awarded.

pp. 4–5

LawLens.Madras High Court

Original Court PDF