The court ruled that a Will does not require probate for property located outside Chennai, invalidating the refusal to register the gift settlement deed.

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 17.10.2025 issued by the second respondent refusing to register the gift settlement deed dated 16.10.2025 presented by the petitioner for registration, on the ground that the parent document, namely, Will has not been probated. The property in question is situated in Salem District.

2. Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondents.

3. Admittedly, there is no legal requirement for obtaining probate of the said Will. Section 57 of the Indian Succession Act, 1925, also gives exceptions for grant of probate of a 'Will' for properties which are situated outside the city limits of Chennai. Therefore, since the property in question is situated in Salem District, the respondent cannot raise question about the probate of the Will. However, despite this settled legal position, the second respondent has refused to register the gift settlement deed dated 16.10.2025 presented by the petitioner for registration on the ground that Will requires probate. Therefore, since the impugned refusal check slip issued by the second respondent is not in accordance with the settled law, necessarily, the impugned order dated

17.10.2025 is liable to be quashed.

4. Accordingly, the impugned order dated 17.10.2025 is quashed and the writ petition is allowed by directing the second respondent to register the gift settlement deed dated 17.10.2025 presented by the petitioner for registration, if the same is otherwise in order, and the petitioner has paid the requisite stamp duty and registration fees as per the relevant statute/rules, within a period of four weeks from the date of receipt of a copy of this order. No Costs.