Back
2026 Supreme(Online)(Mad) 24728
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY, J
Mageshwari – Appellant
Versus
The Sub Registrar, Vilathikulam Sub Registrar Office, Vilathikulam, Thoothukudi District. – Respondent
Writ Petition
For the Appellants/Petitioners: Mr.S.Sukumar
For the Respondents: Mr.F.Deepak Special Government Pleader
A Will is not a compulsorily registrable document, and registration cannot be withheld on that ground.
Headnote:The petitioner's request under Article 226 of the Constitution of India seeks a writ of mandamus for the registration of a settlement deed. The court found that the delay was due to the unregistered status of the Will, which is not mandatory for registration. Hence, the court directed the respondent to proceed with the registration within a week barring any legal obstacles. The petition was disposed of favorably for the petitioner.
| Table of Content |
|---|
| 1. request for settlement deed registration. (Para 1) |
| 2. hearing and response by the respondent. (Para 2) |
| 3. unregistered will not a barrier for registration. (Para 3) |
| 4. direction to register settlement deed. (Para 4) |
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mageshwari ... Petitioner -vs-
The Sub Registrar, Vilathikulam Sub Registrar Office, Vilathikulam, Thoothukudi District. ... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to register the settlement deed executed by the petitioner dated 28.02.2026 which is pending on the file of the respondent vide temporary No.TP/256211722/2026 dated 05.03.2026 within a time frame as fixed by this Court.
For Petitioner : Mr.S.Sukumar For Respondent : Mr.F.Deepak Special Government Pleader
ORDER
The prayer of the petitioner is to direct the respondent to register the settlement deed executed by the petitioner on 28.02.2026.
2. When the matter came up for hearing, the learned Special Government Pleader, taking notice on behalf of the respondent, submitted that the same would be considered and appropriate orders would be passed.
3. It is seen that the document has been kept pending only on the ground that the Will is unregistered. This Court has already held that a Will is not a compulsorily registrable document, and on that ground, registration cannot be withheld.
4. In view thereof, the respondent is directed to pass appropriate orders within a period of one week from the date of receipt of a web copy of this order, without insisting upon a certified copy. If there is no other legal impediment, the petitioner’s settlement deed shall be registered.
5. The writ petition stands disposed of accordingly. No costs.
