A Will does not necessitate registration to be legally valid, ensuring rightful registration of partition deeds as per law.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 17.06.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.20325 of 2025 Janaki ... Petitioner(s)

Vs.

1. The Inspector General of Registration,, O/o, The Inspector General of Registration, Santhome High Road, Chennai.

2. The District Registrar, O/o District Registrar Office, Erode District, Erode.

3. The Joint Sub Registrar, Sub Registrar Office, Kunnathur, Erode District. ... Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India , praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip Number:RFL/Kunnathur/05/2025 dated 17.04.2025 issued by the 3^rd respondent and quash the same as illegal and consequently directing the 3^rd respondent to accept and register the Partition Deed dated 15.04.2025 presented by the petitioner.

For Petitioner(s) : M/s.S.Sengkodi For Respondent(s) : Mr.U.Baranidharan Special Government Pleader

ORDER

The present writ petition is filed praying for a writ of certiorarified mandamus to quash the impugned refusal check slip Number: RFL/Kunnathur/05/2025 dated 17.04.2025 issued by the 3^rd respondent and to consequently direct the 3^rd respondent to accept and register the Partition Deed dated 15.04.2025.

2. It is submitted by the learned counsel for the petitioner, that the petitioner's father-in-law Mr.Periya Palanigounder was the absolute owner of the land comprised in Survey Nos. 34/4, 65/187/5, 147/5A, 135/1B, 142/1, 157/3, 149/3, 149/6 and 147/9. Mr.Periya Palanigounder during his lifetime executed a Will on 18.10.1983, in favour of his sons viz., Sengottaiyan and Nallasamy (petitioner's husband). After the death of Mr.Periya Palanigounder, the above said Will came into force and the petitioner's husband and his brother Sengottaiyan jointly enjoyed the property in accordance with the Will. Thereafter, petitioner's husband Nallasamy, died on 15.01.2013, leaving behind his son, daughter, wife (petitioner herein) and mother as his legal heirs.

2.1. It is submitted by the learned counsel for the petitioner that the above said legal heirs decided to execute a partition deed and made an online registration in the 3^rd respondent's official portal and had received online reservation token on 15.04.2025. Pursuant thereto, the petitioner along with other legal heirs submitted the original document of partition deed and other necessary documents to the 3^rd respondent. After considering the petitioner's application, 3^rd respondent refused to register the partition deed and issued refusal check slip No. RFL/Kunnathur/5/2025, dated 17.04.2025, on the ground that the Will dated 18.10.1983 is not registered, encumbrance certificate is not produced and the Patta, A Register did not contain the name of the petitioner.

2.2. It is submitted by the learned counsel for the petitioner that none of the above reasons would confer jurisdiction on the 3^rd respondent to refuse registration. With regard to the reason that the Will dated 18.10.1983 is not registered, the learned counsel for the petitioner would place reliance on the Judgment of this Court in W.P.No.16999 of 2020 , wherein it was held as under:

“5.In the considered view of this Court, a Will does not get a special status by registering the same. Admittedly, it is a document which need not be registered and no law mandates such registration. The law on this issue is well settled and it has been held that just because the Will is registered, reliance cannot be placed on the same, unless it is proved in the manner indicated under the Evidence Act.

6.In the present case, the respondent has insisted for getting a probate with regard to the Will ex