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2025 Supreme(Online)(Mad) 64885
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ, J
S.Charan Aakash – Appellant
Versus
The Sub Registrar, Ponneri Sub Registrar Office, Tiruvallur District. – Respondent
W.P.No.30954 of 2025
For the Appellant: Mr.K.Balasubramaniam
For the Respondent: Mr.U.Baranidharan Special Government Pleader
Registrars cannot determine title related to unregistered Wills when processing registration of deeds.
Headnote:(A) Constitution of India - Article 226 - Writ of Certiorarified Mandamus - Writ petition filed against refusal to register a settlement deed based on an unregistered Will and multiple Pattas - Past judgments underscore that registrars cannot adjudicate title issues; refusal based solely on traditions without merit is contested - Relevant circular emphasizes that non-provision of certain revenue documents shouldn’t lead to registration refusal. (Paras 2, 4, 5, 6, 7)
Facts of the case:
The petitioner filed a writ petition challenging an order that refused to register a settlement deed due to concerns regarding an unregistered Will and multiple Pattas, arguing that registrar has no authority to determine title issues.
Findings of Court:
The court quashed the refusal check slip, directing registration of the settlement deed while ensuring adherence to relevant laws and circular guidelines.
Issues: The main issues pertain to the registrar's authority in determining property title and the implications of a circular on the registration process.
Ratio Decidendi: The court reiterated that registrars lack the authority to adjudicate on the title arising from a Will, emphasizing adherence to previous rulings establishing this principle.
Result: The writ petition stands disposed of, ordering the registration of the settlement deed if it satisfies legal standards.
| Table of Content |
|---|
| 1. court reinforces adherence to legal guidelines in registration. (Para 1 , 5 , 6) |
| 2. refusal to register deed based on title disputes. (Para 2) |
| 3. judicial precedent dictates limitations on registrar's authority. (Para 3) |
| 4. final decision directs registration upon compliance with law. (Para 7) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.08.2025 CORAM THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.30954 of 2025 S.Charan Aakash : Petitioner Vs.
The Sub Registrar, Ponneri Sub Registrar Office, Tiruvallur District.
: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus to call for the entire records pertaining to the Refusal Check Slip in No.RFL/Ponneri/79/2025, dated 12.08.2025 on the file of the respondent herein and quash the same and consequently direct the respondent to receive, accept and entertain the Deed of Settlement presented for registration along with the unregistered Will dated 10.02.2018 and to register the same and return the original document to the petitioner, within a time frame as stipulated by this Court, and pass orders.
For Petitioner : Mr.K.Balasubramaniam For Respondent : Mr.U.Baranidharan Special Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed challenging the impugned refusal check slip dated 12.08.2025 issued by respondent, whereby the settlement deed dated 12.08.2025 was refused to be registered, on the premise that settlee had acquired the title to the subject property on the basis of an unregistered Will dated 10.12.2018 and secondly, patta ought to be transferred in the name of settlee, in respect of the subject property.
3. Learned counsel appearing for petitioner would submit that the above reasoning for refusal of registration is unsustainable. As regards unregistered Will, he would place reliance on the order of this Court in W.P.No.20268 of 2025 dated 12.06.2025, wherein this Court following the earlier orders of this Court in W.P.
No.15267 of 2025 dated 29.04.2025 and W.P.No.14688 of 2024 held as under:
"4. Learned counsel for petitioner would place reliance upon the judgment of the Single Bench of this Court made in W.P.No.15267 of 2025 on 29.04.2025, wherein, it is held as follows:
3. The refusal check slip has been issued by the second respondent mainly on the ground that the petitioner's father was relying upon an unregistered Will and there are multiple pattas standing in the name of different persons.
4. In the considered view of this Court, the petitioner's father is tracing title through a Will. Some of the patas are standing in his name and he wants to settle the property in favour of the petitioner. Therefore, it is unnecessary for the 2 nd respondent to go into the title to the property since he is not vested with such a power. In the light of the above discussion, the impugned refusal check slip issued by the second respondent dated 07.04.2025 is hereby quashed. There shall be a direction to the second respondent to register the settlement deed, if it is otherwise in order.'
5. Learned counsel for petitioner would place reliance upon the judgment of the Division Bench of this Court in the matter of N.Ramayee Vs. The Sub Registrar , Registration Department, Valapady - 636 115, Salem District and another (2020 (6) CTC 697) .
6. The learned counsel for the petitioner would then rely on the order of the learned Single Bench of this Court in the matter of C.Malarkodi Vs. The District Registrar (Administration) in W.P.No.14688 of 2024 , wherein it was held as under:
"It is not the duty of the Registrar to find out whether this is the last will of the Testator and only the family members are competent to challenge any will executed by any member of the family. That apart, even assuming that the mortgage is in existence, the same is not a bar for subse
