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2026 Supreme(Online)(Mad) 20968
IN THE HIGH COURT OF JUDICATURE AT MADRAS
KRISHNAN RAMASAMY, J
Maniraj – Appellant
Versus
The Inspector General of Registration – Respondent
Writ Petition
For the Appellant: Mr.N.Gurusamy
For the Respondents: Mr.A.Kannan, Addl. Govt. Pleader
A refusal to register a Settlement Deed based on an unregistered Will is improper when the Will had been executed by the petitioner's parents.
Headnote:In the matter regarding the registration of a Settlement Deed, the petitioner challenged the refusal to register based on an unregistered Will. The Court found the refusal to be improper, referencing the passage of ownership through the Will executed by the petitioner's parents. It was determined that the impugned refusal should be set aside.
Result: The Writ Petition is allowed.
| Table of Content |
|---|
| 1. refusal to register deed based on unregistered will (Para 3 , 4) |
| 2. court orders to allow registration of settlement deed (Para 7) |
O R D E R
This Writ Petition is filed challenging the impugned refusal Check Slip dated 08.01.2026 issued by the 2nd Respondent and quash the same and consequently direct the 2nd Respondent to register the Settlement Deed dated 07.01.2026.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. The learned counsel appearing for the petitioner would submit that subject property was bequeathed to the petitioner through a joint Will executed by the petitioner’s parents on 14.08.2024. The petitioner, being the absolute owner of the subject property, executed a settlement deed dated 07.01.2026 in favour of his wife and sister out of love and affection. When the same was presented for registration, the second respondent refused to register it, questioning the source of title and the validity of the Will. Challenging the same, the petitioner has filed this Writ Petition.
4. The learned Additional Government Pleader appearing for the respondents would submit that since the Will is unregistered, they are not in a position to register the settlement deed executed by the petitioner dated 07.01.2026.
5. This Court heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.
6. On a perusal of the records, it is seen that the Will dated
14.08.2024 was executed by the petitioner’s parents in his favour. After the demise of the parents, the Will came into effect, and based on the said Will, the petitioner executed a settlement deed in favour of his wife and sister. It is further submitted that the petitioner’s parents had executed a separate Will in respect of other properties in favour of his brothers. Therefore, the refusal of the second respondent to register the settlement deed on the ground that the Will was unregistered is not proper. Hence, the impugned order is liable to be set aside.
7. Accordingly, the impugned order is set aside. The petitioner is directed to represent the settlement deed dated 07.01.2026 before the 2nd respondent. Upon representation, the 2nd respondent is directed to register the same forthwith.
8. With the above observations, this Writ Petition is allowed.
There shall be no order as to costs.
