An unregistered Will is valid for property mutation as registration is not mandatory under law.

DATED: 16.06.2025 CORAM THE HONOURABLE MRS JUSTICE N. MALA WP.No.7150 of 2023 and WMP.No.7215 of 2023 Minor T.Sidharth, Rep. by his Father and natural guardian T.Shivashankar, Plot No.132, Flat F2, first Floor, NEST BLISS, Alamelumangapuram, Sholinganallur, Chennai-600 119. …Petitioner Vs

1.The Corporation of Greater Chennai, Rep. by its Commissioner, Ripon Buildings, Chennai.

2.The Zonal Officer Corporation of Greater Chennai, Zone 15, 120 Rajiv Gandhi Road, Sholinganallur, Chennai-600 119. 3.The Assistant Revenue Officer, Corporation of Greater Chennai, Zone 15 120, Rajiv Gandhi Road, Sholinganallur, Chennai-600 119. ...Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Certiorarified Mandamus, calling for records in proceeding bearing reference Ma.A.15 Va.Thu.Na.Ka.No.0144/2021, dated 24.03.2021 on the file of the third respondent and quash the same and consequently direct the third respondent to mutate the name of petitioner in the property tax record relating to the property bearing Flat No.F2, Plot No.132, First Floor, Nest Bliss, Alamelumangapuram, Sholinganallur, Chennai-600 119 and pass such further orders.

For Petitioner : Mr.R.S.Raveendhren Mr.E.C.Ramesh, For Respondents : Standing Counsel For R1 To R3

ORDER

This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus, calling for records in proceeding bearing reference Ma.A.15 Va.Thu.Na.Ka.No.0144/2021, dated 24.03.2021 on the file of the third respondent and quash the same and consequently directing the third respondent to mutate the name of the petitioner in the property tax record relating to the property bearing Flat No.F2, Plot No.132, First Floor, Nest Bliss, Alamelumangapuram, Sholinganallur, Chennai-600 119.

2.The petitioner's paternal grandmother, T. Usha Rani, purchased a flat under a Deed of Sale (Document No. 1963 of 2018), registered at the SRO, Neelankarai, and subsequently entered into a construction agreement with a builder. On 01.04.2018, she executed a Will bequeathing the flat to her grandson, the petitioner, through her second son, T. Shivashankar. She passed away on 12.05.2019. A legal heirship certificate was obtained on 01.09.2019, followed by a joint affidavit executed by the legal heirs on 09.09.2019.

3. On 22.01.2021, the petitioner’s representative submitted an application for the name transfer (mutation) of the flat based on the Will. However, the Third Respondent rejected the request by the impugned order dated 24.03.2021, stating that mutation could be effected only if the Will is registered. Aggrieved by this order, the petitioner has filed the present writ petition challenging its validity.

4. A counter affidavit was filed by the 3rd respondent stating that the Will was neither registered nor probated in the name of Thiruveedhula Sidharth. It was further stated that, in accordance with the Transfer of Property Act, the Will must be registered in the name of the concerned individual, and alternatively, a Gift Deed or Settlement Deed should be executed in favour of Thiruveedhula Sidharth. Therefore, the petitioner’s representation was rejected by order dated 24.03.2021, bearing reference No. MA.Z.O.15.RDC.S/0144/2021. The respondents prayed for the dismissal of the writ petition as meritless.

5. Learned counsel appearing for the petitioner contends that the impugned order dated 24.03.2021 is illegal and contrary to law. It is submitted that the registration of a Will is optional under Section 18 (e) of the Registration Act, 1908 , and not a mandatory legal requirement for its validity. The petitioner further submits that the Will in question was duly executed and attested by two witnesses, in compliance with all legal formalities. Additionally, there is no objection