ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the respondent pertaining to his order vide proceedings in Check Slip No.RFL/Thirukovilur/88/2021 dated 23.07.2021 and quash the same and consequently, direct the respondent herein to receive the Mortgage deed dated 23.07.2021 executed by the petitioner, register and return the document to the petitioner.

2. The brief facts of the case is that the petitioner is the absolute owner of the plot measuring an extent of 2400 sq.ft., with house bearing No.35 of Sri Karthikeyan Nagar Extension, comprised in Survey No.732/8C of Thirukovilur (South) village and in possession and enjoyment of the property and Patta No.3357 was issued in favour of the petitioner by subdividing S.No.732/8C1B and 732/8CID. The petitioner purchased the same in the year 2005 and executed a settlement deed dated 08.01.2007 registered as document No.78 of 2007 in favour of his mother, namely, Sudamani Ammal. Thereafter, his mother, executed a unregistered Will dated 21.01.2021 bequeathing the above property in favour of the petitioner after his life time and the petitioner's mother died on 19.05.2021, due to health problems. As per the Will executed by petitioner's mother, petitioner received the property, pursuant to the application made to the Tahsildar, Thirukovilur, Patta No.3357 was transferred in favour of the petitioner in New Survey Nos.731/8C1B and 731/8C1D.

3. According to the petitioner, due to urgent financial assistance, on account of his mother's treatment, the petitioner approached one Mr.Arulraj and borrowed a sum of Rs.50,000/- for monthly interest by mortgaging the above property in his favour. Thereafter, a mortgage deed dated 23.07.2021 was executed in favour of Arulraj, however the respondent without registering the mortgage deed has passed the impugned check slip rejecting the mortgage document for registration stating that the property was received through an unregistered Will, and that the probate should be obtained from the court at the first instance.

4. It is the case of the petitioner that the impugned order passed by the respondent is on the face of it, is unsustainable and without any basis and the property is not situated within the City of Chennai for which a probate of the Will has to be obtained from this Court to deal with the property and the said property is situated in Thirukovilur District. In fact, pursuant to the petitioner's application, the Tahsildar, has acted upon the Will and Patta for the above property has been mutated in favour of the petitioner and as on date, the petitioner is the owner of the property. The interpretation given by the respondent is beyond his jurisdiction, unjustified and with malafide intentions. The beneficiaries can deal with the property as per the Will executed for the properties situated outside the local limits of the ordinary original civil jurisdiction of High Court of Judicature at Madras and only where the properties are situated within Chennai, the probate has to be obtained for the Will from the Court.

5. That apart, it is also the contention of the petitioner that Section 213(1) of the Indian Succession Act, 1925 makes it mandatory for every legatee or executor to obtain a probate of the Will or Letter of Administration with the Will before they try to execute a Will. However, Section 213(2) r/w Section 57 of the Indian Succession Act, 1925 clearly carves out certain exceptions to the mandate under Section 213(1) of the Act. For useful reference Sections 57 and 213 of the Indian Succession Act, are extracted hereunder:-

Section 57.

Application of certain provisions of Part to a class of Wills made by Hindus, etc.-The provisions of this Part which are set out in Schedule III shall, subject to the restrictions and modifications specified therein, apply

(a) to all Wills and codicils made by any Hindu, Buddhist, Sikh or Jaina on or after the