Man May Re-Present Settlement Deed Based On Father’s Unregistered Will; Registrar Must Hear Him Before Deciding, Madras HC

The petitioner claimed the subject property through an unregistered will executed by his father, who had purchased the property by a registered sale deed.

After his father’s death, the petitioner presented a settlement deed in favour of his minor son for registration.

The Sub-Registrar issued a refusal check slip, requiring probate of the will.

The petitioner challenged that refusal and sought registration without probate.

He relied on a prior decision concerning the circumstances in which probate is required under Section 213 of the Indian Succession Act.

The respondents submitted that the check slip was preliminary and that the petitioner could re-present the deed with an explanation.

Under the principles stated in the Division Bench decision in W.P. No. 21941 of 2025, a refusal slip is preliminary: the registering authority should consider the presenter’s explanation and supporting documents before reaching a final decision.

Sections 71 and 72 of the Registration Act limit the registering and appellate authorities’ inquiry to whether the document may be registered; they do not empower those authorities to determine title, ownership, or civil rights between parties.

The petitioner cited Section 213 of the Indian Succession Act and a prior decision concerning when probate is mandatory, but the Court did not decide whether probate was required on these facts.

The Court did not determine whether the petitioner had established title under the will or whether probate was legally necessary.

Instead, it treated the refusal check slip as a preliminary step and accepted the respondents’ submission that the petitioner could re-present the settlement deed with an explanation.

The registering authority was then to consider the matter after giving the petitioner a reasonable opportunity of hearing, without treating the registration process as an adjudication of civil title.

It permitted the petitioner to re-present the settlement deed with an explanation and directed the respondents to consider it and proceed with registration if it was otherwise in order, after providing a reasonable opportunity of hearing.

If registration was refused, the authority was to issue a reasoned refusal order.

No costs were awarded.