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2025 Supreme(Online)(Mad) 49308

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SRIMATHY, J
S.Selvasivakami – Appellant
Versus
The Sub-Registrar-Vilathikul – Respondent
W.P(MD)No.12100 of 2025



Advocates:
For the Petitioner: Mr.K.Suresh Kumar
For R-1 & R-2: Mr.S.Saji Bino Special Government Pleader
For R-3: Mr.Raghul Priyan
For R-4: Mr.S.Kumar

Courts will not grant registration of deeds amidst ongoing disputes to prevent multiplicity of litigation.

Headnote:(A) Registration Act, 1908 - Rule 162 of Tamil Nadu Registration Rules - Writ of Certiorarified Mandamus - Petition for quashing refusal check slips for registration of sale deeds - Petitioner claims rights to property based on a settlement deed executed by mother, contested by other legal heirs - Court dismisses the petition to avoid multiplicity of proceedings and directs the petitioner to approach Civil Court for rights establishment. (Paras 1-5)

(B) Legal standing - Registration of sale deed at this stage may lead to further multiplicity of legal proceedings; therefore, the petition is dismissed. (Para 4)

Facts of the case:
The petitioner claims right over properties based on a settlement deed executed by their mother, which is contested by other siblings. A partition suit is pending, leading the court to decide against registering the sale deed to prevent multiplicity of proceedings.

Findings of Court:
The court finds that the petitioner has the liberty to establish rights in a civil court and the current writ petition stands dismissed.

Issues: The primary issue was whether to allow the registration of the sale deed amidst objections and a pending partition suit.

Ratio Decidendi: The court held that allowing the registration amidst ongoing legal disputes could lead to further complications, recommending that the petitioner seek redress in a civil context.

Result: Writ Petition dismissed.

Table of Content
1. petition for writ challenging registration refusal. (Para 1)
2. disputed settlement deed among siblings. (Para 2 , 3)
3. court denies registration to prevent disputes. (Para 4)
4. writ petition dismissed; establish rights in civil court. (Para 5)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slips dated 17.04.2025 and consequently direct the respondent the first respondent to register the sale deed.

2. The petitioner and respondents 3 and 4 are siblings. Apart from them, there are other siblings, namely, M.R.Selvakumar, R.Thalapathy Raja and Raja Mahendran, including one female legal heir. The petitioner and the said siblings father's name is M.Rathinasabpathy, who was having several properties. Except the subject properties in Survey Nos.605/2, 606/1B, 609/1, other properties were divided equally among the legal heirs.

3. The contention of the petitioner is that their father, M.Rathinasabpathy had executed a settlement deed in favour of their mother. In turn, the mother had executed the settlement deed in favour of the petitioner. However, the respondents 3 and 4 vehemently objected for executing such settlement deed. In fact, earlier there were several suits filed by the father. In the said suits, the petitioner and other siblings admitted to compromise. Even though the suit was dismissed, there was no compromise. In the meanwhile, the mother had executed a settlement deed in favour of the petitioner. By relying upon the same, the petitioner is claiming right over the said property. But the settlement deed was also executed against the wishes of the other legal heirs. Therefore, the third respondent has filed a suit in O.S.No.34 of 2025 on the file of learned District Munsif Court, Vilathikulam, seeking partition of the party by impleading the petitioner and the other legal heirs The said suit is currently pending and is posted tomorrow for the appearance of the parties.

4. In these circumstances, allowing the registration of the sale deed at this stage may lead to further multiplicity of proceedings. In order to avoid to multiplicity of the proceedings, this Court is not inclined to entertain this writ petition. The petitioner is at liberty to approach the Civil Court to establish his rights. The petitioner stated that the earlier partition was not divided equally. If it is so, the petitioner is also at liberty to raise a plea before suit.

5. With the above said directions, this Writ Petition stands dismissed. No costs.

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