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2025 Supreme(Online)(Mad) 18624
IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
S.Kannan – Appellant
Versus
The District Registrar, District Registrar Office, Sivagangai, Sivagangai District – Respondent
Writ Petition(MD)No.2956 of 2025
For the Appellants/Petitioners: Mr.B.Ashok Kumar
For the Respondents: Mr.R.Sureshkumar Addl. Govt. Pleader
A will executed within Chennai requires probate for rights to be claimed and enforceable deeds to be executed.
Headnote:The case revolves around the interpretation of Section 57 of the Indian Succession Act, stipulating that any will executed within Chennai must be probated before executing further deeds. The petitioner claims rights from a will executed by a deceased, seeking to register a settlement deed. However, without probate, the court rules he cannot claim such rights. Issues framed include whether the will is valid and enforceable without probate. The court concludes the petition is dismissed, leaving the petitioner to seek necessary probate.
| Table of Content |
|---|
| 1. petitioner seeks to enforce a settlement deed. (Para 1 , 2) |
| 2. courts heard arguments from both sides. (Para 3) |
| 3. probate required for will validity. (Para 4) |
| 4. writ petition is dismissed. (Para 5) |
ORDER
The writ petitioner seeks issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the second respondent dated 06.01.2025, whereby the second respondent has refused to register the settlement deed executed by the petitioner Mr.S.Kannan in favour of his wife Mrs.Santhi Kannan.
2. The petitioner concedes that the property belongs to one P.S.Subramania Iyer. He states that the said Subramania Iyer had executed a “WILL” dated 29.10.2022 in his favour and that the same was registered on the file of the Sub Registrar, Villivakkam. He pleads that the said Subramania Iyer passed away on 10.02.2023 and that the “WILL” had come into force. Pursuant thereto, he had executed a settlement deed in favour of his wife on 06.01.2025. However, the Sub Registrar refused to register the document. Hence, this petition.
3. I heard Mr.B.Ashokkumar for the petitioner and Mr.R.Sureshkumar, learned Additional Government Pleader appearing for the respondents.
4. It is not in dispute that the “WILL” has been executed within the city limits of Chennai. As per Section 57 of the Indian Succession Act , a document in the nature of the “WILL” or testament executed within the limits of the city of Chennai has to obtain a certificate of probate or letters of administration from this Court on its Original Side. It is not in dispute that the petitioner has not obtained any probate or letter of administration. When that being the position, unless and until the petitioner proves the said “WILL”, he is not entitled to claim a right over the same and execute a document in favour of his wife. This is because no right as an executor or legate can be claimed, unless the said document has been certified as true and genuine in probate proceedings.
5. In the light of the above discussion, leaving it open to the petitioner to obtain appropriate certificate for the “WILL” dated 29.10.2022, this Writ Petition is dismissed. It is always open to the petitioner to get the order of probate or letter of administration and thereafter, to execute a settlement deed and register the same. No costs.
