Back
2024 Supreme(Online)(MAD) 33421
HIGH COURT OF MADRAS
Honourable Mr Justice A.D.JAGADISH CHANDIRA
T.SHANMUGAM – Appellant
Versus
THE JOINT SUB REGISTRAR NO 1 – Respondent
The registering authority cannot refuse to register deeds based on the non-probation of a will, as it falls outside their jurisdiction under the Registration Act.
Headnote:
Registration - Settlement Deed - Registration Act - Sections Involved: Overview of the court's interpretation of refusal to register unproven documents.
Fact of the Case:
The petitioners challenged the refusal of the Sub-Registrar to register a settlement deed and a sale deed, citing the unregistered status of a will that was used as the basis for the settlement deed.
Finding of the Court:
The court found that the refusal to register was erroneous, as the non-probation of the will did not prevent the registration of the deeds under the Registration Act. The court emphasized that issues regarding the will were beyond the authority of the registrar.
Issues: Whether the registering authority had the power to refuse registration of deeds based on the unregistered will and its non-probation.
Ratio Decidendi: The court concluded that the registering authority cannot refuse registration solely due to the status of the underlying will; such matters are not within its jurisdiction under the Registration Act.
Final Decision: The writ petitions were allowed, and the check slips refusing registration were quashed.
C O M M O N O R D E R
The check slips issued by the Sub~Registrar refusing to register the settlement deed and sale deed respectively are under challenge in these writ petitions.
2. While W.P. No.13090 of 2024 has been filed by one Shanmugam alone, W.P. No.13091 of 2024 has been filed by the said Shanmugam along with his nephew.
3. Since the issue involved in these writ petitions pertains to refusal to register the settlement deed and sale deed, these writ petitions are decided by this common order. Further, since there is a slight variation in the petitioners, for the sake of clarity, they are referred to on the basis of W.P. No.13091 of
2024.
4. Originally, the land in S.No.200/8 measuring an extent of 1,916 Sq.Feet belonged to the 1st Petitioner's father one Mr.Thangarasu and on 26.02.1995, his father passed away and thereafter, his legal heirs were in possession of the said land. While so, on 19.09.2020, the first petitioner's mother executed a unregistered will in favour of the petitioners. Thereafter, the first petitioner's mother died on 17.12.2020 and the first petitioner executed a settlement deed on 15.04.2024 in favour of his wife Mrs.Susila and it was presented before the respondent for registration. The said document was returned by the respondent on 15.04.2024, on the ground that the will, which was the basis for the settlement deed was unregistered and it was not probated too and thus, the unregistered will cannot be relied upon for the purpose of registration of settlement deed. Challenging the said refusal slip, the Writ Petition in W.P.No.13090 of 2024 has been filed.
5. When things stood thus, both the Petitioners executed a sale deed in favour of one Mrs.E.Vijayalakshmi on 15.04.2020, which was also returned on the same ground as stated supra, challenging which, W.P.No.13091 of
2024, has been preferred.
6. Probating a will is not compulsory except in the city of Chennai and thus, the Sub Registrar ought not to have refused the registration merely on the ground that the will was not probated. Further, in the present case, the settlement deed and sale deed were presented by duly paying the stamp duty and by following the procedure contemplated in regard thereto.
7. That being the factum, the adjudication of issues relating to unregistered will or probating a will is beyond the scope of the powers conferred on the registering authority under the provisions of the Registration Act. Thus, the impugned Check Slips are infirmed.
8. Accordingly, the impugned check slips dated 15.04.2024 are quashed and the respondent is directed to proceed with the registration, if the documents are otherwise in accordance with the provisions of the Registration Act.
6. In fine, the writ petitions stand allowed. No costs.
08.05.2024 arr/av To:
The Joint Sub-Registrar No.1, (District Registrar Cadre), Office of Sub Registrar, Chennimalai road, Rangampalayam, Erode- 638009.
A.D.JAGADISH CHANDIRA, J.
arr
08.05.2024
